Criminal Law F.A.Q.

Do I have to talk to the police if I’m arrested?

Our constitution provides the right for everyone to have an attorney. If you are arrested, it is highly recommended that you ask for an attorney immediately, and refrain from disclosing any information that may incriminate you. This is advised even in scenarios where individuals may have absolutely nothing to do with the crime for which they have been arrested or are being questioned about.

How does a felony differ from a misdemeanor?

Felonies are viewed as “serious” crimes involving significant damage to an individual, to a property, or involving misuse or theft of large amounts of money. Therefore, felonies carry longer sentences, traditionally defined as incarceration of not less than a year and a day.  Furthermore, felonies carry numerous “collateral consequences” such as: ineligibility for state benefits, suspension of voting privileges, etc.

Although still serious, misdemeanors carry shorter sentences traditionally meaning jail time of less than one year.

What are some examples of crimes that are considered felonies?

In the state of Alabama, crimes that are considered felonies include:

• Murder
• Rape
• Possession of a controlled substance
• Theft of property in excess of $500

A more exhaustive list of felonies and misdemeanors in the State of Alabama, as well as the range of punishments, can be found in the Code of Alabama, Title 13A.

I have been indicted, what does this mean?

Individuals that have been indicted have been formally charged with a crime. This means that a grand jury has viewed the evidence presented by the District Attorney and determined there is probable cause to support the charge. However it is not an indication of guilt.

To plea or not to plea?

A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant (the person charged with a crime) the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than maximum sentence. A plea bargain allows criminal defendants to avoid the risk of conviction at trial on the original more serious charge. For example, a criminal defendant charged with a felony theft charge, the conviction of which would require imprisonment, may be offered the opportunity to plead guilty to a misdemeanor theft charge, which may not carry jail time. Ultimately, how you proceed in any given case is at your discretion provided that your requests are in the scope of what the justice system can and cannot do. Your attorney should give you a breakdown of the charges you’re facing, the possible penalties, evaluate the evidence against you within the confines of the law, and illuminate all options available to you along with the pros and cons of each. This knowledge will empower you to make the choice that you feel represents your best interests.