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 […]
Alabama Sentencing Guidelines – Presumption of Correctness Coming For Some Offenses
August 12, 2013 by
Federal Criminal Law – Congress Holding Hearings On Overcriminalization
August 12, 2013 by
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
July 29, 2013 by
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
July 16, 2013 by
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
July 10, 2013 by
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
May 29, 2013 by
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
May 22, 2013 by
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
May 22, 2013 by
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 […]
CBS 42 News Covers Discovery Petition Regarding Alabama Girl Scout Camps Closing
May 18, 2013 by
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 […]
NTSB RECOMMENDS LOWER DUI LIMIT
May 16, 2013 by
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
May 5, 2013 by
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 […]
GIDEON V. WAINWRIGHT – The Right To Counsel 50 Years Later – Part I
March 20, 2013 by
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. […]
PUNISHMENT FOR CONTEMPT CHARGES
January 24, 2013 by
What are the Potential Punishment for Contempt Charges The potential punishment for contempt charges in Alabama vary depending on the type of contempt and the purpose of the contempt charge. Punishment for contempt charges that are criminal contempt charges in Alabama are restricted by the due process clause of the Alabama Constitution and the United […]
BIRMINGHAM CRIMINAL DEFENSE LAWYERS – BRADFORD LADNER LLP
January 24, 2013 by
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
January 4, 2013 by
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
January 4, 2013 by
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 […]
ALABAMA CONTEMPT CHARGES
December 10, 2012 by
An Overview of Alabama Contempt Charges Kinds of Contempt Alabama contempt charges, or contempt citations, are divided into four classes: (1) direct, (2) indirect, or constructive, (3) criminal, and (4) civil. All civil and criminal contempt proceedings arising out of civil actions are governed by Alabama Rules of Civil Procedure Rule 70A. Direct Contempt Alabama […]
BRADFORD TO SPEAK ON EYEWITNESS IDENTIFICATION AT AIM 2012 CLE SEMINAR
October 9, 2012 by
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
September 27, 2012 by
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 […]
CRIME LAB REDUCES DNA BACKLOG
September 25, 2012 by
FBI CRIME LAB REDUCES DNA TESTING BACKLOG FROM OVER 3200 CASES TO 403 CASES A September 2012 Department of Justice Inspector General Audit Report revealed that the backlog of DNA cases at the FBI crime lab has been reduced from a high of more than 3200 down to 403. The nuclear DNA units backlog decreased […]
