CRIMINAL FAQ's

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Q. Will I go to Prison for a Class A Misdemeanor, Falsfying a Police Report?

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A: Unfortunately, society has interchangeably used the word Prison and Jail to mean the same thing, when they are two different institutions. Prison is considered an institution for confinement of persons convicted of serious crimes; such as felonies and the sentences imposed are usually beyond a year. Jail is considered an institution for smaller crimes;  such as repeated traffic violations or misdemeanors. In Alabama, every misdemeanor can carry one year or less in jail. Falsifying a police report is considered a misdemeanor and the offense “alone” does not make itself eligible for a prison sentence. However, tt is eligible for a jail sentence.

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Q. When charged with loitering and posession, is it considered Double Jeapardy?

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A: In a practical sense, Double Jeopardy arises when someone is being prosecuted more than once for the same crime. The primary focus is “same crime.” While some crimes are a lesser offense of the other, a person can be charged with a different crime if that crime is not included in the other. For example, a man was convicted of Larceny. Later, the government charged him with Robbery, which consists of Larceny. To prove Larceny , a prosecutor wouldn't have had to prove anything more than what was required to prove a Robbery. (Larceny was a "lesser included" offense of the Robbery.) Thus, Larceny and Robbery therefore represented the same offense, and the Robbery prosecution violated the double jeopardy principle. However, the crimes of Loitering and Possession require different elements to be proven. For the purpose of the question, Loitering, under Section 13A-11-9, is when a person remains in any place with one or more persons for the purpose of unlawfully using or possessing a dangerous drug. A person can commit the crime of Loitering by being idle too long in an suspicious drug-related area without possessing any illegal substances. Possession, however, is “actually” possessing the illegal substance; which is not included as a requirement in the crime of Loitering. A person can commit one without the other during the same commission. In practical terms, Loitering is not a lesser offense of Possession because not everyone who possesses drugs are Loiters. However, with the previous example above, everyone who “robs” does actually commit Larceny; thus Larceny merges into Robbery to avoid double jeopardy issues .

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Q. What is the time period for which a license shall get suspended after been convicted for a drug offense?

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A: Anyone charged and convicted of a crime specified in Section 13A-12-291, which includes drug possession or drug use related offenses, will have their driver's license suspended, revoked or cancelled by the Alabama Dept of Public Safety once it is reported to them. Depending on the charge and the nature of the charges, the minimum time period of a license suspension is 6 months. While there is no specified time frame as to when the Alabama Dept of Public Safety will be notified of the conviction, usually upon receipt of notification by the clerk of court where the conviction is entered, the suspension will immediately go into effect.

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Criminal Matters 

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Here at Elizabeth Hunter, we represent those dealing with all types of criminal legal issues, such as (DUI) driving under the influence, traffic offenses, domestic violence, assault, battery property-related crimes, drug crimes, parole/probation violation, homicides, , sex crimes, municipal violations, etc..

Like every State, Alabama divides its offenses by degree; Traffic, Misdemeanor, and Felony Offense. Often times, sentencing may consist of  Jail time, Probation, imposed fines, or all of the above. 

In Alabama, fines usually consist of the following:

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1. Class A misdemeanor (theft of property or services worth $500 or less, cruel treatment of a dog or cat, dog fighting, possession of marijuana for personal use, third-degree assault or assault with bodily fluids (including saliva), third-degree domestic violence or violation of a domestic violence protection order: one year and/or $6,000,

2. Class B misdemeanor (resisting arrest, second-degree stalking, theft of cable TV service, menacing someone: six months and/or $3,000, and

3. Class C misdemeanor (directing abusive language at someone, harassment, trespassing on property, taking a shopping cart from a store premises, misconduct: three months and/or $500.

Finally, the maximum sentence for each offense are as follows Class A misdemeanor, one year or less, but more than six months; Class B misdemeanor, six months or less, but more than thirty days; or Class C misdemeanor, thirty days or less, but more than five days.

So, get your free consultation now with an experienced attorney at Elizabeth Hunter, LLC.