Best Criminal Defense Attorneys in Montgomery

FAQs

• What is the non-emergency contact number for the local police station in Montgomery, Alabama?

  For non-emergency concerns, you may speak with an individual officer, detective, or additional personnel from the Montgomery Police Department by calling 334-625-2532.

• Where can I get a copy of police reports for incidents related to my case in Montgomery, Alabama?

  To obtain a copy of a Montgomery police report, send your request to policerecords@montgomeryal.gov.

• Is getting a traffic ticket in Montgomery considered getting charged with a crime?

  Yes. If you received a traffic ticket or have been charged with a traffic-related offense in Montgomery, you are being charged with a crime. Compared to other states, Alabama is stricter when it comes to traffic violations. Offenses like speeding, driving without insurance, reckless driving, failing to adhere to child restraint and safety laws, and driving with a suspended license can all result in the loss of your license and driving privileges.

• Will you go to prison for committing a drug crime in Montgomery?

  If you get convicted of a drug crime in Montgomery, it is highly likely that you will face imprisonment due to Alabama’s harsh sentencing guidelines, which state mandatory imprisonment for drug crime offenders. In the state, activities such as drug possession, drug distribution, drug trafficking, drug importation, and drug conspiracy are all considered drug crimes.

• Can you fire your criminal defense lawyer and get a new one in Montgomery?

  Yes, it is possible for you to change your lawyer if you are not pleased with the way your current attorney is handling your case. To do so, you must write a termination letter addressed to your lawyer, then contact a new attorney, with whom you’ll entrust your case. Before firing your current attorney, though, it is advisable for you to discuss your complaints and concerns with them first.

• If you were arrested in Montgomery, how will you know if you’re a victim of police brutality?

  By definition, police brutality involves any use of excessive force or abuse of power. If you were arrested by law enforcement officers in Montgomery and experienced verbal abuse, physical abuse, or being tased, shot at with a pistol, or hit with a nightstick, you can seek the assistance of a criminal lawyer to help you build a case on police brutality.

• Can you clear a DUI from your criminal record in Montgomery?

  No. Alabama law specifically excludes DUI and reckless driving offenses from its expungement statute, which means they can’t be taken out from your criminal record. However, if your offenses in Montgomery only involved misdemeanor arrests or non-violent felony offenses that did not result in a conviction, you may be eligible for expungement. Once the process of expungement is complete, your prior criminal history will be inaccessible to the general public.

• What does a criminal defense lawyer do?

  Criminal defense attorneys provide help to those facing misdemeanor or felony criminal charges. The attorney will research the circumstances surrounding the charge and investigate the case on behalf of the client. This may involve talking to police, interviewing witnesses, determining a plea, and assessing possible sentences. With this information, the defense attorney can negotiate plea deals or navigate a court case on behalf of the client. In some cases, the attorney may get a case dismissed entirely, a reduction in bail or jail time, or probation or community service instead of prison.

• How do I know if I need a criminal attorney?

  Any criminal charge that could result in a prison sentence requires the help of a criminal defense lawyer. This applies to both misdemeanor and felony charges, including:

  Misdemeanors

  • Petty theft
  • Public intoxication
  • Simple assault
  • Disorderly conduct
  • Vandalism
  • Reckless driving

  Felonies

  • Murder
  • Rape
  • Kidnapping
  • Aggravated assault
  • Specific types of fraud
  • Possession of certain types of drugs

• What steps should I take after being charged with a crime?

  The first thing to do after being charged with a crime is to contact a criminal defense attorney. It is best to hire a defense attorney as soon as possible after being released from arrest, and before an arraignment takes place. The attorney will explain charges in detail, and possible consequences, to help you decide whether a plea deal or a jury trial is the best option. Most attorneys offer free consultations to discuss the circumstances of a criminal case and how they're able to assist. Speaking with a number of defense attorneys before hiring one can increase the likelihood of finding the right fit, and getting the best defense possible.

• What if I can’t afford a criminal defense lawyer?

  All Americans are afforded the right to hire an attorney to act as a defense in a legal case. However, not everyone can afford one. If an attorney isn’t in a defendant’s budget, and the defendant’s income meets designated state or local thresholds, the court system will provide a public defender. This attorney usually works on cases pro bono or without any fees paid by the defendant. Many public defenders have a high caseload, which can limit the amount of time they are able to devote to each case. In most situations, hiring a dedicated criminal defense lawyer ensures the best outcome. This is particularly true in more serious felony cases that can result in a significant prison sentence without the involvement of a skilled, experienced defense attorney.

• Why hire a criminal defense attorney?

  Working with a criminal defense attorney is the best way to minimize the ramifications of committing or being accused of a crime. Criminal attorneys thoroughly investigate the circumstances surrounding a case to prove innocence or inspire reasonable doubt in a jury. Criminal defense lawyers also are better prepared to negotiate with the prosecutors. Due to the high cost and logistics involved with taking a case to trial, many prosecutors are willing to reduce sentences in exchange for avoiding a jury trial. An experienced criminal attorney understands what would be a reasonable deal for a specific criminal charge, and will negotiate it on behalf of the defendant.

• Are legal fees for criminal defense tax deductible?

  Whether legal fees from a criminal case can be deducted on a tax return depends on the circumstances. If criminal charges pertain to activities related to a trade or business, attorney fees can be deducted on a business tax return, as they are considered an expense associated with the normal course of business. However, personal legal fees cannot be deducted.