ALABAMA EXPUNGEMENT BILL UPDATE

Alabama Expungement Bill Waiting For Governors Signature The Alabama expungement bill has passed both the house and senate and is awaiting the Governor’s signature.  The bill would allow the expungement of misdemeanor and some felony criminal records where the person involved was acquitted or the case was dismissed or nol prossed. If signed, the new […]

Bradford Speaks On Alabama Sentencing Guidelines

William K. “Chip’ Bradford speaks at ACDLA “4 Corners” Seminar on Alabama Sentencing Guidelines Bradford was a featured speaker at this years ACDLA “4 Corners” Seminar in Enterprise, Alabama, speaking on issues with the Alabama Sentencing Guidelines.  Bradford presented area criminal defense attorneys with an overview of the sentencing guidelines, which were recently made presumptively […]

CRIMINAL LAW LEGISLATIVE UPDATE – DECEMBER 4, 2013

The Alabama Criminal Law Legislative Update Includes The Following Pre-filed House Bills   HOUSE BILL 27 – CHANGING DEFINITION OF BURGLARY SECOND DEGREE Pre-filed on 10/18/13 by Rep. Wood Under the existing statute, a person commits burglary in the second degree if the person unlawfully enters a lawfully occupied dwelling-house with intent to commit a […]

Death Penalty Judicial Override Criticized

U. S. Supreme Court Dissent Critical Of Alabama Death Penalty Judicial Override In a November 18, 2013 dissent to the denial of certiorari, Justice Sonia Sotomayor was highly critical of Alabama’s death penalty judicial override.  In the case of  Mario Dion Woodward v. Alabama, the United States Supreme Court declined to review a death penalty […]

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 […]

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. […]

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, […]

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 […]

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 […]

BIRMINGHAM CRIMINAL DEFENSE LAWYERS – BRADFORD LADNER LLP

Bradford Ladner LLP – Experienced Birmingham Criminal Defense Lawyers The Birmingham criminal defense lawyers at Bradford Ladner have 30 years of experience representing clients on felony and misdemeanor criminal charge in State and Federal Court in Birmingham, Alabama.  William K. Bradford and Amber L. Ladner have represented countless clients who faced criminal charges including: Federal Criminal Charges Drug Possession […]

BIRMINGHAM ALABAMA CRIMINAL DEFENSE LAW FIRM

Bradford Ladner, LLP is a Birmingham Alabama Criminal Defense Law Firm William K. “Chip” Bradford and Amber L. Ladner formed Bradford Ladner, LLP in 2010 with the aim of developing a premier Birmingham Alabama criminal defense law firm.  Bradford and Ladner combine over 30 years of courtroom experience throughout the State of Alabama.  Together they […]

FEDERAL SENTENCING GUIDELINES – An Overview

Overview of Federal Sentencing Guidelines United States Sentencing Commission The United States Sentencing Commission is an independent agency in the judicial branch of government. It establishes criminal case sentencing policies and practices for the federal courts.  The Commission also advises and assist Congress and the executive branch to develop crime policy for the country.  In order to […]

BRADFORD TO SPEAK ON EYEWITNESS IDENTIFICATION AT AIM 2012 CLE SEMINAR

William K. “Chip” Bradford Will Speak On Eyewitness Identification At 2012 AIM Seminar William K. “Chip” Bradford of Bradford Ladner, LLP. will be speaking on eyewitness identification at the 2012 Attorneys Insurance Mutual of the South, Inc. Seminar on November 30, 2012.  Bradford will speak on Eyewitness Identification in the context of Criminal Defense Law […]

FEDERAL LAW ENFORCEMENT USE OF WARRANTLESS SURVEILLANCE SHARPLY INCREASES

The Use of Modern Day Pen Registers and Trap & Trace Devices by Federal Law Enforcement is Rapidly Increasing The American Civil Liberties Union  has released recently obtained federal law enforcement records showing that the use of pen registers and trap & trace devices by federal agents has increased 60% from 2009 until 2011.  The ACLU […]

SUPREME COURT TO HEAR DUI APPEAL

Supreme Court to Decide Whether Warrant Required to Obtain Blood Test in DUI Case The U. S. Supreme Court announced today that it will hear an appeal of a Missouri DUI case concerning whether police officers must get a warrant before ordering a blood test on a drunk driving suspect.  Various State and Federal Appellate […]

EYEWITNESS MEMORY CHANGES WITH RECALL

STUDY SHOWS EYEWITNESS MEMORY CHANGES WITH EACH RECALL A study conducted at Northwestern University indicates that memories are continually distorted where they are recalled over a period of time by eyewitnesses.  Each time an eyewitness remembers an event from the past, their brain networks change in ways that can alter the memory when it is […]