Waterloo Criminal Lawyer, Alabama
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James Paul Atkinson
✓ VERIFIEDAccident & Injury, Divorce & Family Law, Lawsuit & Dispute, Criminal
James Atkinson is a practicing lawyer in the state of Florence, AL.
623 S Seminary St, Florence, AL 35630
Profile LAWPOINTS™63/100
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James Elwyn Reese Irby
White Collar Crime, Criminal, Accident & Injury
Status: In Good Standing Licensed: 23 Years
120 E Tennessee St, Florence, AL 35630
Profile LAWPOINTS™34/100
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Lindsey Mussleman Davis
Divorce & Family Law, Accident & Injury, Criminal, Real Estate, Estate
Status: In Good Standing Licensed: 41 Years
216 W. Dr. Hicks Blvd., Florence, AL 35630
Profile LAWPOINTS™34/100
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Tyler Hamilton Brannon
Power of Attorney, Living Wills, DUI-DWI, Criminal
Status: In Good Standing Licensed: 12 Years
200 W Tennessee St, Florence, AL 35630
Profile LAWPOINTS™24/100
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125 S Court St, Florence, AL 35630
Profile LAWPOINTS™24/100
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LEGAL TERMS
BAIL
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).
JURY NULLIFICATION
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for ... (more...)
A decision by the jury to acquit a defendant who has violated a law that the jury believes is unjust or wrong. Jury nullification has always been an option for juries in England and the United States, although judges will prevent a defense lawyer from urging the jury to acquit on this basis. Nullification was evident during the Vietnam war (when selective service protesters were acquitted by juries opposed to the war) and currently appears in criminal cases when the jury disagrees with the punishment--for example, in 'three strikes' cases when the jury realizes that conviction of a relatively minor offense will result in lifetime imprisonment.
GRAND JURY
In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the f... (more...)
In criminal cases, a group that decides whether there is enough evidence to justify an indictment (formal charges) and a trial. A grand jury indictment is the first step, after arrest, in any formal prosecution of a felony.
HUNG JURY
A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations ... (more...)
A jury unable to come to a final decision, resulting in a mistrial. Judges do their best to avoid hung juries, typically sending juries back into deliberations with an assurance (sometimes known as a 'dynamite charge') that they will be able to reach a decision if they try harder. If a mistrial is declared, the case is tried again unless the parties settle the case (in a civil case) or the prosecution dismisses the charges or offers a plea bargain (in a criminal case).
BURDEN OF PROOF
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convi... (more...)
A party's job of convincing the decisionmaker in a trial that the party's version of the facts is true. In a civil trial, it means that the plaintiff must convince the judge or jury 'by a preponderance of the evidence' that the plaintiff's version is true -- that is, over 50% of the believable evidence is in the plaintiff's favor. In a criminal case, because a person's liberty is at stake, the government has a harder job, and must convince the judge or jury beyond a reasonable doubt that the defendant is guilty.
NOLO CONTENDERE
A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committ... (more...)
A plea entered by the defendant in response to being charged with a crime. If a defendant pleads nolo contendere, she neither admits nor denies that she committed the crime, but agrees to a punishment (usually a fine or jail time) as if guilty. Usually, this type of plea is entered because it can't be used as an admission of guilt if a civil case is held after the criminal trial.
VENIREMEN
People who are summoned to the courthouse so that they may be questioned and perhaps chosen as jurors in trials of civil or criminal cases.
HABEAS CORPUS
Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continu... (more...)
Latin for 'You have the body.' A prisoner files a petition for writ of habeas corpus in order to challenge the authority of the prison or jail warden to continue to hold him. If the judge orders a hearing after reading the writ, the prisoner gets to argue that his confinement is illegal. These writs are frequently filed by convicted prisoners who challenge their conviction on the grounds that the trial attorney failed to prepare the defense and was incompetent. Prisoners sentenced to death also file habeas petitions challenging the constitutionality of the state death penalty law. Habeas writs are different from and do not replace appeals, which are arguments for reversal of a conviction based on claims that the judge conducted the trial improperly. Often, convicted prisoners file both.
AGGRAVATING CIRCUMSTANCES
Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, th... (more...)
Circumstances that increase the seriousness or outrageousness of a given crime, and that in turn increase the wrongdoer's penalty or punishment. For example, the crime of aggravated assault is a physical attack made worse because it is committed with a dangerous weapon, results in severe bodily injury or is made in conjunction with another serious crime. Aggravated assault is usually considered a felony, punishable by a prison sentence.
SAMPLE LEGAL CASES
Tyson v. Macon County Greyhound Park, Inc.
... Tyson contends that the Macon Circuit Court does not have subject-matter jurisdiction
over an action seeking to enjoin the enforcement of criminal laws of the State of
Alabama. We agree. The general rule is that a court may ...
Ex parte King
... gen., and Robin D. Scales and Cheairs Porter, asst. attys. gen., for respondents. Pamela W.
Baschab, presiding judge, HW "Bucky" McMillan, Greg Shaw, A. Kelli Wise, and Samuel H. Welch,
judges, Alabama Court of Criminal Appeals, as respondents. WOODALL, Justice. ...
Ex parte Brown
... 935 Brown appealed. The Court of Criminal Appeals unanimously affirmed Brown's conviction
and sentence. ... For the reasons discussed below, we need not decide that issue to affirm the
judgment of the Court of Criminal Appeals. I. Facts and Procedural History. ...
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