Alabama Sentencing Guidelines – Presumption of Correctness Coming For Some Offenses

Soon Sentences Under Alabama Sentencing Guidelines To Be Presumed Correct For Non-Violent Cases The Alabama Legislature has instructed the Alabama Sentencing Commission to implement a plan to make the Alabama Sentencing Guidelines presumptively correct in most non-violent cases.  During the 2012 Regular Session, the Alabama Legislature passed a law that directs the Alabama Sentencing Commission […]

Federal Criminal Law – Congress Holding Hearings On Overcriminalization

House Judiciary Committee Holds Hearings On Overcriminalization In Federal Criminal Law Congressman Jim Sensenbrenner (R-WI) is chairing hearings on federal criminal law overcriminalization.   The Committee hearings are a recognition that the scope of federal criminal law has grown at an alarming rate over the last 50 years.  According to the official press release from […]

Bradford Gives Alabama Criminal Law Update At Bar Meeting

William Bradford Presented the Alabama Criminal Law Update At Alabama State Bar Meeting Point Clear, Alabama – William K. Bradford of Bradford Ladner, LLP. spoke recently at the Alabama State Bar Annual Meeting, presenting the Alabama Criminal Law Update.  The Alabama State Bar meets every year, giving its members an opportunity to learn what is […]

Burglary Charges Dismissed – Case Results

Client’s Burglary Charges Dismissed On Trial Date Our client faced Burglary 3rd Degree charge and Burglary 2nd Degree charge for allegedly breaking and entering several apartments.  In one case, the apartment was occupied and the occupant told police that our client was the person they saw in the apartment.  Our client maintained that he was […]

ALABAMA COURT OF CIVIL APPEALS OVERTURNS CRIMINAL FORFEITURE

Criminal Forfeiture of Cash Seized in Search Overturned The Alabama Court of Civil Appeals overturned a criminal forfeiture of cash which had been seized during the search of an apartment.  According to the City of Birmingham, the cash was then turned over to federal authorities as part of a criminal forfeiture process known as “adoptive […]

Apprendi Applies in Alabama Criminal Sentence

Increase in Alabama Criminal Sentence Must Meet Apprendi Standard The Alabama Supreme Court holds that any increase in a Alabama criminal sentence that produces a higher sentence is an element that must be proven by the State in a criminal case.  This decision brings Alabama into line with the United States Supreme Court Apprendi case. […]

Just Getting Your Gun Not Menacing Per Alabama Appeal

Alabama Supreme Court Holds That Arming Yourself Is Not Menacing in Alabama Appeal The Alabama Supreme Court has released an Alabama appeal decision holding, as a matter of first impression, that arming oneself with a gun, without more, is not sufficient to constitute the crime of menacing as defined in the Alabama Criminal Code.  Under […]

Alabama Criminal Insurance Fraud Now Felony

New Law Makes Alabama Criminal Insurance Fraud A Felony A new law put in place by the Alabama legislature makes Alabama criminal insurance fraud a felony.  The new law takes effect on August 1st 2013. The law also establishes an enforcement division which will be funded by a tax on insurance companies. In the past, […]

Amber Ladner – New President of Alabama Criminal Defense Lawyers Association

Amber Ladner Sworn in as Alabama Criminal Defense Lawyers President Amber L. Ladner  was sworn in as the new President of the Alabama Criminal Defense Lawyers Association (ACDLA).  Ladner was sworn in May 3rd, 2013 during the Alabama Criminal Defense Lawyers Association Annual Meeting and Summer Seminar in Panama City, Florida. Ladner has spent her […]

Expungement Bill Dies In Committee………Again

Alabama Expungement Bill Fails to Pass in 2013 House Bill 56, the Alabama expungement bill failed to make it out of the judiciary committee of the Alabama House.  Despite the dire need for such legislation, and what appeared to be stronger support than in past years, the Alabama legislature has shown once again that we […]

Controlled Substance DUI Settled for Deferred Prosecution

Bradford Ladner LLP Obtains Deferred Prosecution on Controlled Substance DUI Charge Our client was charges in Tuscaloosa County, Alabama with a Controlled Substance DUI charge.  Due to the diligent work of Bradford Ladner LLP attorneys, the prosecution agreed to allow our client to attend a deferred prosecution program which will ultimately result in the DUI […]

CBS 42 News Covers Discovery Petition Regarding Alabama Girl Scout Camps Closing

Local News Affiliate CBS 42 News Produces Three Part Series On Alabama Girl Scout Camps Closing As we have written about in a prior post, Bradford Ladner LLP represents the Petitioner who filed a Discovery Petition against the Girl Scouts of North Central Alabama (GSNCA) regarding Alabama girl scout camps closing.  The Petition seeks documents […]

SEXUAL HARASSMENT CLAIM SETTLED

Bradford Ladner LLP Successfully Defends Client Accused of Sexual Harassment Claim William K. “Chip” Bradford has recently defended a client against a serious sexual harassment  claim.  The case was filed against the client and his employer in the United States District Court for the Norther District of Alabama.  Claims in the case included unwanted contact […]

NTSB RECOMMENDS LOWER DUI LIMIT

DUI Limit Should Be Lower According to NTSB The National Transportation Safety Board (NTSB) is recommending that states lower the DUI legal limit from its current level of .08 to .05. According to the NTSB, research shows that a driver with a blood alcohol content (BAC) of .05 are impaired to the point that they […]

Bradford Ladner LLP Represents Petitioner In Girl Scout Discovery Petition

Girl Scout Discovery Petition News Part I Bradford Ladner LLP represents the Petitioner filing a Girl Scout Discovery Petition seeking non-profit corporate documents from the Girl Scouts of North Central Alabama (GSNCA). The Girl Scout Discovery Petition was initially filed in October of 2012 requesting the GSNCA provide access to financial and corporate records of […]

Alabama Robbery Charge Dismissed

Attorneys at Bradford Ladner, LLP Obtain Dismissal of 2nd Degree Alabama Robbery Charge A second degree Alabama Robbery Charge was dismissed due to the diligent effort of Alabama attorneys Amber L. Ladner and William K. Bradford of Bradford Ladner, LLP.  Our client was charged with robbery 2nd degree, a serious felony in Alabama.  The robbery […]

SUPREME COURT RULES IN DUI CASE – BLOOD TEST REQUIRES WARRANT

The U. S. Supreme Court Rules That Warrant Required For Blood Test In DUI Case The United States Supreme Court ruled that, in the normal DUI case, and under normal circumstances, the police must obtain a warrant in order to get a blood test.  In Missouri v. McNeely, the Court held that the mere fact […]

GIDEON V. WAINWRIGHT – The Right To Counsel 50 Years Later – Part I

The Right To Counsel – Gideon v. Wainwright – 50 Years Later  On March 18, 1963, the United States Supreme Court issued its opinion in Gideon v. Wainwright, establishing the right to counsel for those who cannot afford to hire their own.  On March 18, 2013 the United States Supreme Court decision in Gideon v. […]

CRIMINAL CASE SENTENCING ENHANCEMENTS IN ALABAMA

Alabama Sentencing Enhancements in Criminal Case Sentencing In Alabama, criminal case sentencing may be enhanced under certain circumstances depending on the type of criminal case, the specific facts of the criminal case, and the application of statutory mandatory minimum criminal case sentences. As with any criminal case, only an experienced Alabama criminal defense attorney can […]

ALABAMA METHAMPHETAMINE CHARGE SETTLED FOR UNSUPERVISED PROBATION

Amber Ladner Obtains Probation for Client on Alabama Methamphetamine Charge Client charges with Alabama methamphetamine charge for methamphetamine manufacturing.  Because of the particular circumstances of the case, the client was facing a potential sentence of 10 years to life in prison.  While this particular case involved the alleged manufacture of methamphetamine, an Alabama drug manufacturing […]