Articles Posted in Criminal Defense

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Identity theft often isn’t as simple as one person stealing another person’s social security number and using it to apply for credit cards. There are several different ways by which someone may be charged with identity theft. If you or someone you care about has been charged with identity theft or trafficking in stolen identities, you should call an attorney and get legal advice about the case before making any decisions about what to do next.

 

At Skier & Associates we are available and willing to discuss your case with you, offer legal advice based on years of experience with criminal law, and discuss representing you in your case.

 

DEFINITIONS – Code of Alabama Section 13A-8-191

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The crimes of trespass and burglary may seem similar, but there are several differences between the two crimes and between the different degrees within the crimes.

 

There are four ways in which a person may be charged of criminal trespass: first degree, second degree, third degree, and by motor vehicle. The difference in the charge depends on what the person is accused of trespassing on. First degree involves where someone lives (house or apartment), second degree involves a structure that is designed to keep someone out (a fenced in yard or other type of building where people don’t live), third degree involves somewhere where you know you don’t have a right to be, but isn’t designed to keep you out (a neighbors yard without a fence and you know it is not your property).

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Being charged with the crime of domestic violence can be confusing. There are several different ways you can be charged. You could be charged with domestic violence in the first degree, second degree, third degree, by strangulation, by suffocation, or by interfering with a domestic violence emergency call.

 

You should talk to a lawyer that specializes in domestic violence before making any decisions about your case because it could be your freedom at stake. At Skier & Associates we are available to discuss your case with you in person, offer legal advice from experienced attorneys, and represent you if your case goes to trial.

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When a death occurs and non-capital charges are brought against an individual as a result, Alabama law recognizes three levels of culpability, and three separate offenses that can be charged. These charges are, in descending order of seriousness, Murder, Manslaughter, and Criminally Negligent Homicide. This article will give you an overview of Alabama’s laws in this area, what the state must prove to get a conviction on each, and what the possible punishment is upon conviction.

MURDER – Code of Alabama Section 13A-6-2

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Having criminal charges brought against you, regardless of how serious the charge, is always a stressful and confusing situation. Among your first questions should be “what is the potential punishment if I am found guilty of this offense?”

This guide will be an introduction to Alabama’s laws regarding sentencing. In Alabama, criminal offenses are divided into two categories: Misdemeanors and Felonies. There are different levels of Misdemeanors and Felonies, depending on the conduct involved.

SENTENCES OF IMPRISONMENT FOR MISDEMEANORS & VIOLATIONS – Code of Alabama Section 13A-5-7 Continue reading ›

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Are you or is someone you care about charged with Theft of Property in an Alabama court? If so, you are likely wondering what the charge means and what potential punishment might happen if there is a conviction.

As always, it is best to consult with a lawyer specializing in this area before making any decisions or determinations about your case. At Skier & Associates we are available to discuss your case, offer advice on your best course of action, and discuss representation when your case goes to court.

There are four different levels, or degrees, of Theft of Property in Alabama. What level is alleged against a person is usually determined by the value of the property involved.

GENERAL DEFINITION OF THEFT – Code of Alabama Section 13A-8-2 Continue reading ›

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The Drug Enforcement Administration has, against all common sense and public opinion, decided that marijuana will remain on the list of Schedule I controlled substances. Schedule I is defined as a substance that is “highly addictive and without medical benefit.” This is a particularly bad decision not only for the thousands of Americans incarcerated for possessing or distributing this drug, it puts tens of thousands of people further away from useful and sometimes life-changing known medical uses of this substance. Continue reading ›

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One of the most common questions I am asked is the effect of a felony pardon on a person’s ability to possess a firearm. The answer is a bit more complex than one might think at first glance.

The Alabama Board of Pardons and Paroles has the authority in our state to issue pardons and restore “civil rights.” These rights include the right to vote, the right to hold public office, and of course the right to possess a firearm.

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The State of Alabama is in crisis. Our Speaker of the State House of Representatives, our Governor, and our Chief Justice of the Supreme Court all are hamstrung by accusations of impropriety, abuse of their authority, and failure to execute their office in accordance with their oath. Each is finding out what life is like on the wrong end of allegations. Meanwhile in the US District Court, the Middle District of Alabama is in the midst of a judicial emergency, having lost one District Judge to resignation and another to senior status. The presiding judge is handling the workload that previously was divided among 3 judges. Where and when can we expect relief?

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The State of Alabama incarcerates nearly 26,000 inmates in a system designed to hold 13,000. The system is staffed at a 60.4% level.[1] This combination is a recipe for disaster and will ulitmately have an adverse affect on the community at large in more ways than one. The stated Department of Corrections goal of “rehabilitation” has become a cruel joke at the expense of us all. Meanwhile, our legislature passes more and more laws requiring incarceration and takes discretion away from judges. Continue reading ›

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