Uncategorized

Alabama’s Criminal Laws — Trafficking drugs

May 7, 2017 | Skier & Associates

Alabama’s laws provide for three levels of drug offense — Possession, Distribution, and Trafficking. Trafficking is by far the most serious of these offenses and carries a mandatory prison sentence as outlined below. The distinction between Possession, Distribution, and Trafficking is based mainly on the weight of the drugs involved.

As you will see by reading below, the punishments for Trafficking offenses in Alabama are severe and, importantly, mandatory. Prison time called for by these laws cannot be suspended or split by the sentencing judge.

These are extremely serious charges and should not be taken lightly by anyone facing a Trafficking charge. A skilled, experienced lawyer is a must for anyone facing a Trafficking offense.

Alabama Board of Pardons and Paroles Update – April, 2017

March 30, 2017 | Skier & Associates

Many people come to this page looking for information about Alabama’s Pardon and Parole Board. From time to time we like to update the Board’s situation and what it means for those appearing before the board on a Parole Hearing, or petitioning the Board for a Pardon.

Read on to hear about some dramatic changes to the Board’s structure, and a report on the current state of hearing delay.

Alabama’s Criminal Laws: Possession of Marijuana

January 7, 2017 | Skier & Associates

While other states are decriminalizing or even legalizing marijuana for recreational use, Alabama has not changed their marijuana laws.

Alabama law allows for possession of marijuana in the first degree (POM I) and second degree (POM II). POM II is different from POM I because POM II is for first time offenders that are caught with only a small, or “personal use” amount of marijuana.

POM I is a Class D Felony, while POM II is a Class A Misdemeanor.

Is Alabama’s Expungement Law About to Get Better?

December 21, 2016 | Skier & Associates

We at Skier & Associates have received information that there will be a bill filed in the upcoming legislative session that would expand Alabama’s existing expungement law to allow expungement of certain convictions as well as pardoned convictions.

As always, the legislative process is unpredictable and slow. Stay tuned to this space for updates and a critique of any new law passed by the legislature and signed by the governor.

Alabama’s Criminal Laws: Controlled Substances: Possession, Distribution, Manufacture

December 12, 2016 | Skier & Associates

The Alabama State Board of Health created a controlled substance list with 5 different sections in it (called schedules I, II, III, IV, and V) and if you are caught with one of the substances on the list you can be charged.

Alabama’s Criminal Laws — Identity Theft and Trafficking in Stolen Identities

October 18, 2016 | Skier & Associates

Identity theft often isn’t as simple as one person stealing another person’s social security number and using it to apply for credit cards. There are several different ways by which someone may be charged with identity theft. If you or someone you care about has been charged with identity theft or trafficking in stolen identities, you should call an attorney and get legal advice about the case before making any decisions about what to do next.

At Skier & Associates we are available and willing to discuss your case with you, offer legal advice based on years of experience with criminal law, and discuss representing you in your case.

DEFINITIONS – Code of Alabama Section 13A-8-191

Alabama’s Criminal Laws — Criminal Trespass and Burglary

September 29, 2016 | Skier & Associates

The crimes of trespass and burglary may seem similar, but there are several differences between the two crimes and between the different degrees within the crimes.

There are four ways in which a person may be charged of criminal trespass: first degree, second degree, third degree, and by motor vehicle. The difference in the charge depends on what the person is accused of trespassing on. First degree involves where someone lives (house or apartment), second degree involves a structure that is designed to keep someone out (a fenced in yard or other type of building where people don’t live), third degree involves somewhere where you know you don’t have a right to be, but isn’t designed to keep you out (a neighbors yard without a fence and you know it is not your property).

Alabama Laws — Domestic Violence

September 20, 2016 | Skier & Associates

Being charged with the crime of domestic violence can be confusing. There are several different ways you can be charged. You could be charged with domestic violence in the first degree, second degree, third degree, by strangulation, by suffocation, or by interfering with a domestic violence emergency call.

You should talk to a lawyer that specializes in domestic violence before making any decisions about your case because it could be your freedom at stake. At Skier & Associates we are available to discuss your case with you in person, offer legal advice from experienced attorneys, and represent you if your case goes to trial.

Andrew Skier again quoted in the Montgomery Advertiser

September 15, 2016 | Skier & Associates

I received a call a couple of days ago from a reporter with the Montgomery Advertiser, and spoke with him briefly about a case that I am handling and he is continuing to cover. Here is a link to the article that he wrote about the matter:

Former Finance official remains in the dark over firing

I am happy that the local media is staying on this story and hope that the request that the Advertiser made under the Freedom of Information Act will yield some information that will be useful to us.

Alabama’s Criminal Laws — Murder, Manslaughter, & Criminally Negligent Homicide

September 14, 2016 | Skier & Associates

When a death occurs and non-capital charges are brought against an individual as a result, Alabama law recognizes three levels of culpability, and three separate offenses that can be charged. These charges are, in descending order of seriousness, Murder, Manslaughter, and Criminally Negligent Homicide. This article will give you an overview of Alabama’s laws in this area, what the state must prove to get a conviction on each, and what the possible punishment is upon conviction.

MURDER – Code of Alabama Section 13A-6-2