During its 2019 Regular Session, HB 380, which restructures and places severe limitations on the powers of the Alabama Board of Pardons and Paroles passed both legislative houses and is now awaiting the Governor’s signature, which is likely. While specifics are to be hammered out during the administrative rules process,…
Years ago arson used to be the malicious burning of a person’s home. Today in Alabama arson is defined as the burning of any building. There are three different degrees of arson. First and second degree arson are the intentional burning of a building. To be charged with third degree…
There is hope for those who have been advocating for reform of Alabama’s marijuana possession laws. In a bill filed in the Alabama legislature, penalties for simple possession of marijuana would be lessened significantly going forward. This blog post will examine Alabama’s current marijuana laws as well as how they…
In a surprising and encouraging move, late last year (2018) the “First Step Act” passed both houses of Congress and was signed into law by the President. The Act purports to change several provisions that will have an effect on Federal criminal cases going forward, as well as many individuals…
Alabama law requires that, before the Board of Pardons and Paroles can hear a case, they must notify any identifiable victim of their right to be present at a hearing and make their feelings known on the matter. This has two effects on those awaiting a hearing: First, it can…
A recent US Supreme Court ruling has the potential to affect many people who have had vehicles searched by law enforcement, including at least one client of Skier & Associates. The Court in Collins v. Virginia held that the 4th Amendment’s “automobile exception” (which allows police to search an automobile…
Judges cannot allow juries to hear evidence that was obtained illegally or in violation of the 4th Amendment to the Constitution. A defense lawyer can file a “Motion to Suppress” evidence that he or she believes fits these categories. A Motion to Suppress Evidence can be a very powerful tool…
I recently became involved in a case in Federal Court in the Middle District of Alabama involving allegations that a client was part of a scheme to perform sub-standard physical examinations for Commercial Driver License holders and applicants. You can read about the case here. If you are unfortunate enough…
In the past few days, I have received a number of inquiries from people who have been or had a loved one denied parole or a pardon from the Alabama Board of Pardons and Paroles. These potential clients want to know how to appeal a ruling of the Pardon and…
A recent article got me thinking about the issue of prosecutorial misconduct and whether it has been an issue in my work. As a person who prosecuted cases for over 3 years, I take it as an affront when a prosecutor abuses his power. That person is nothing more than…