Alabama Criminal FAQs
The following are frequently asked questions regarding criminal charges in Alabama, as answered by an experienced criminal defense lawyer. To learn more or discuss your case, call and schedule a consultation today.
What is probable cause in Alabama?
Answer: Probable cause is a legal term that is the level of information that a police officer or law enforcement agent must have before they may place you under arrest, seek a search warrant or arrest warrant, or a judge vying your case over to a grand jury. Probable cause is defined as reasonable and trustworthy information. It’s very important to hire the very best lawyer you can to weight and attack the credibility of the state or government’s probable cause determination.
What is a plea bargain in Alabama?
Answer: Anytime an accused citizen enters a court of law in a criminal case, they have a right to try to negotiate a resolution with the prosecuting authority prior to going to trial. Many times, what’s called a plea agreement or plea bargain will be reached prior to their case going before a judge or jury. A plea bargain or plea agreement is a written document that defines the outcome of the case. It could be for the case to be dismissed, the charge to be reduced, or some type of guilty plea; however, the benefit of a plea agreement or plea bargain is the accused knows exactly what the outcome of the case will be, versus the uncertainty of a trial or a hearing in front of a judge.
Can you explain what Miranda Rights are in Alabama?
Answer: In Alabama, all accused citizens do have certain federal constitutional protections, one of which is the right to be informed of your Miranda Rights. However, many folks misconstrue these rights to think that anytime they’re arrested, they must be read their rights, so to speak. Miranda protection only applies, number one when someone is in custody, and number two once they’re in custody they are being interrogated by law enforcement. Many times folks are stopped for a traffic violation and investigated on the roadway for a DUI or other offense and prior to being placed in custody answer certain questions or give certain evidence to the police. Unfortunately, these types of circumstances are normally not protected by the Miranda warning. However, in Alabama law, juveniles are afforded a higher level, or what we call Super Miranda protection, if they are interrogated or questioned by law enforcement. So it’s very important any time you are arrested or have a juvenile arrested to consult with a lawyer to evaluate whether your Miranda rights have been violated or not.
I was injured by a drunk driver or I had a family member killed by a drunk driver in Alabama. What are my legal options?
Answer: If you’ve been injured or had a family member killed by a drunk driver in Alabama, the lawyers of Polson and Polson are uniquely suited to help you seek the justice you deserve. Many times, you may seek compensation from the other driver and their insurance company. You may also be able to make a claim against your own insurance company, should the other driver be under or uninsured. If, through an investigation, the lawyers of Polson and Polson are able to learn the drunk driver had been to a bar, event, or social function, there may be additional avenues to pursue justice for your case. The law of Alabama allows a person injured by a drunk driver to pursue a dramshop case under these scenarios. The lawyers of Polson and Polson are uniquely suited, having defended many accused drunk drivers, to help you pursue justice against these types of defendants and their insurance companies. The lawyers of Polson and Polson know the tactics and strategies the insurance companies will use to try and deny justice in these types of cases. If you’ve been injured by a drunk driver or a family member killed by a drunk driver in Alabama, let the lawyers of Polson and Polson use their 50-plus years of experience in helping you and your family seek the justice you deserve.