Criminal FAQ

Criminal FAQ 2017-11-23T08:57:02+00:00

Can I be prosecuted in a criminal court for the same offense in both state court and federal court?

RESPONSE: Yes. It is not uncommon for dual prosecutions to proceed in both court systems and the law does allow that. For example, should you be arrested for Robbery First degree for robbing a bank in Mobile, the Federal Government would not be precluded from also charging you with bank robbery and both prosecutions to proceed after that. The most common example would be possession of a controlled substance and it is not uncommon for an individual to be charged by state authorities and a subsequent charge by the federal authorities for a similar offense under federal law.

How do I appeal a criminal conviction?

RESPONSE: Depending on the type of crime, misdemeanor or felony or the jurisdiction that you are in (state or federal) the time can vary in general and can be as short as 14 days or as long as 42 days from the date of conviction. If you fail to file your notice of appeal in a timely fashion you may be prevented from pursuing an appeal regardless of the merit of that appeal.

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If I am charged with conspiracy to commit a crime, is that more or less serious than the crime itself?

RESPONSE: Generally, conspiracies are punished the same as the underlying offense would be so if you are charged with a conspiracy to possess with the intent to distribute a controlled substance, your penalty would be the same as if you were charged with possession of a controlled substance itself with the intent to distribute.

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How long would it take to get Get answers to the questions related to Criminal Law from our experienced attorneys Richard E. Shields & Daniel L. McCleave. Call us on court once I have been arrested for a crime?

RESPONSE: This can vary significantly depending on the type of crime (misdemeanor or felony) or the jurisdiction (state or federal). Most charges are resolved within ninety days to twenty-four months in the time required to resolve the matter is greatly depending on the facts surrounding each case.

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Will the court appoint me a lawyer?

RESPONSE: If you qualify as an indigent both state and federal courts will appoint an attorney to represent you during all phases of the proceedings.

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If I have a charge that was dismissed or for which I was found not guilty is there a way to remove this from my records?

RESPONSE: Alabama has a provision that allows for certain criminal records to be expunged and removed to keep those incidents from interfering with employment, security clearances or other matters. Depending on the type of offense, certain waiting periods apply before the expungement can be requested but your request is filed with the Circuit Court in the county where the arrest occurred.

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