YOU MEAN I CAN GO TO JAIL FOR CARRYING A SLINGSHOT IN ALABAMA?


That's right. Under Alabama law, f you're carrying a slingshot ” concealed about your person” you must be fined no less than $50 or more than $500 and you can be imprisoned in the county jail and sentenced to hard labor for the county for not more than six months.

So apparently, in those old TV shows when we see Opie carrying the slingshot sticking out his back pocket. That's because (in Alabama) if he stuck it completely in his pocket - where it was concealed - he would be committing a crime. As long as the slingshot isn't concealed, he has not committed a crime.

See, Section 13A-11-53 Code of Alabama:

Anyone who carries concealed about his person brass knuckles, slingshots or other weapon of like kind or description shall, on conviction, be fined not less than $50.00 nor more than $500.00, and may also be imprisoned in the county jail or sentenced to hard labor for the county for not more than six months.

CONTACT: 
The Law Offices of Segal & Segal, LLC
706 Madison St SE
Huntsville, AL 35801
Phone: (256) 533-4529
Fax: (256) 533-1678
Blog URL:https://www.huntsvilledefenselawyer.com/you-mean-i-can-go-to-jail-for-carrying-a-slingshot-in-alabama

CAN SOMEONE BE CONVICTED SOLELY ON THE EYEWITNESS TESTIMONY OF ONE WITNESS?


The real question is whether one witness can prove, beyond a reasonable doubt, that someone committed the crime.

The answer is yes. 

To give an unpleasant (but true) example, when I was in the District Attorney's office we had a rape case. The evidence consisted solely of the testimony of the victim. There was no DNA, no fingerprints, no physical evidence. There was no evidence other than her eyewitness testimony describing the rapist.

Can that be enough? Absolutely… if it is believed by the jury. 

In this case, the victim testified the rapist had “Bitch Switch “tattooed on his penis.

He did.

While this is a dramatic example, it's not far different from an eyewitness identifying someone saying that they had any particular set of features whether it's deep-set eyes, facial hair, scar, a particular height or weight or other things. If the jury is convinced beyond a reasonable doubt that the accuser is identifying the "right guy" there is nothing preventing that jury from finding the person guilty beyond a reasonable doubt.

Are innocent men and women convicted based on incorrect eyewitness identification? Yes. In fact, DNA has freed many people who were wrongly convicted. But, the question here is can someone be convicted on the testimony of one eyewitness? The answer is yes; if that testimony is believed the person can be convicted.

The moral of the story is that if you or somebody you love is accused of a crime they need to have the best possible criminal defense attorney.

CONTACT: 
The Law Offices of Segal & Segal, LLC
706 Madison St SE
Huntsville, AL 35801
Phone: (256) 533-4529
Fax: (256) 533-1678
Website: http://www.huntsvilledefenselawyer.com
Blog URL: https://www.huntsvilledefenselawyer.com/can-someone-be-convicted-solely-on-the-eyewitness-testimony-of-one-witness

IF THE STATE LOSES OR DESTROYS EVIDENCE IN MY CRIMINAL CASE, DOES THAT MEAN I WIN?


There are some circumstances under which the loss or destruction of evidence may result in a criminal case being dismissed by the court or abandoned by the prosecution. However, the fact that certain evidence no longer exists does not automatically mean that an accused person wins their case.
It's important to make a distinction between evidence that is accidentally lost and evidence that is intentionally or negligently destroyed.
If evidence is accidentally lost, courts may be more sympathetic to the prosecution given that there was no evil or reckless intent. The judge will look at whether or not the lost evidence means that the accused person cannot obtain a fair trial. If, as a result of the lost evidence it is not possible for the accused to present their defense than the court may choose to dismiss the case. However, oftentimes when evidence is lost it may not be of such a significant nature as to deny an accused person the ability to have a fair trial. Sometimes lost evidence may be more detrimental to the prosecution. In some instances, the prosecution may not be able to go forward due to lost evidence. If that happens, the state may have no alternative but to ask for or allow the charges to be dismissed.
When evidence is destroyed, the court will tend to look more closely at the circumstances involving the destruction of evidence as well as the nature of the evidence destroyed. Some evidence such the alcohol content of a person's blood, blood stains, and organic materials may naturally disappear or become destroyed or diminished the passage of time. The court would look at what efforts were made to preserve the evidence and whether or not such evidence was intentionally allowed to be destroyed or not.
The court will also look at whether or not the missing evidence results in what's known as, harmless error to the accused person. For example, let's pretend that we have a murder case in which a gun belonging to the accused and thought to be the thought murder weapon was recovered. A bullet was recovered from the victim but the bullet was lost prior to forensic testing to determine whether or not it came from that gun. Suppose the defense argued that this evidence was critical to show that the victim was killed by a different gun and not the accused of a gun which is in police custody.
The judge's ruling would be based on what evidence is available. For example, if the accused person had confessed to the killing, there was a videotape of the killing clearly showing the gun in police custody in the accused's hand and five witnesses all saw the accused kill the victim, the judge might rule that while the evidence was lost the loss of the evidence was what is known as, harmless error. In other words, the accused person suffered no true loss as a result of the lost evidence. If the court came to the conclusion that the prosecution had intentionally lost or hidden this evidence then the judge might impose certain sanctions on the prosecution but, that does not mean that the sanctions imposed by the court would automatically be the dismissal of the case.
If all of the other evidence was as a result of the recovered bullet, and the defense was able to establish that such evidence was what is known as, the fruit of the poisonous tree, meaning that all the other evidence derived from this bad action, then, the judge might dismiss the entire case.
The short answer is there is no short answer. Every case is different facts and circumstances and the law will be interpreted and applied individually to each facts scenario.
CONTACT:
The Law Offices of Segal & Segal, LLC
706 Madison St SE
Huntsville, AL 35801
Phone: (256) 533-4529
Fax: (256) 533-1678
Website: http://www.huntsvilledefenselawyer.com

Huntsville Criminal Defense Lawyer | Arrest Attorney in Madison County

  

The dedicated legal team at Law Offices Of Segal & Segal, LLC will represent you in these tough times. We stand by our clients and fight for their rights. For us, representing clients accused of breaking the law is never about defending criminals — it’s about defending people. Some of the people we defendant are wrongly accused. Others may have made a mistake. Whether our clients seek justice or mercy, it is our honor and privilege to represent them to the best of our ability and to make sure that they are treated in accordance with the standards and principles of justice.

We defend the innocent and seek mercy for those who’ve made mistakes. What we do is an essential pillar holding up the principles of justice in our country. We take our jobs, at our clients freedom, seriously. Call us today at (256) 533-4529 or send an online message, and we will set up a free consultation at absolutely no cost to discuss your charges and your options with you.

We serve clients facing criminal charges in Huntsville-Decatur, including municipal courts, district courts, circuit courts or whatever court in which we are needed in criminal defense matters. Our service area includes Madison County, Morgan County, Marshall County, Limestone County and Jackson County, as well as the cities of Decatur, Madison, Meridianville, Moores Mill, Hazel Green, New Hope and surrounding communities.

PRACTICE AREAS:

CONTACT:
706 Madison St SE
Huntsville, AL 35801
Phone: (256) 533-4529
Fax: (256) 533-1678

SOCIAL PROFILES:

 
 
  


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

Andrew Segal






Andrew Segal

Huntsville Criminal Defense Lawyer | Arrest Attorney in Madison County

Andrew Segal is a former prosecutor who now represents the accused in Huntsville-area courts. Andrew graduated cum laude from Bowdoin College in Brunswick, Maine, in 1982. During his time at Washington College of Law at American University, he discovered his passion for criminal law.

After graduating in 1988, he became an Assistant Attorney General for Alabama, and, in 1991, an Assistant District Attorney in Madison County. In both positions, he prosecuted charges against the accused in criminal courts.

In 1996, Andrew began a private practice as a criminal defense lawyer. He now uses the knowledge and understanding he gained as a prosecutor to advocate for the rights of the accused. Andrew understands the mind of prosecutor, and he knows their tactics. He uses this knowledge to be an effective, skilled representative for those accused of crimes.

Andrew has appeared on a local television show called Law Line as an expert, and teaches legal education for continuing education programs.

Practice Areas :
Huntsville First Time Offenders
Huntsville DUI
Huntsville Drug Charges
Huntsville Marijuana Charges
Huntsville Traffic Offenses
Huntsville Domestic Violence
Huntsville Sex Crime
Huntsville Violent Crime
Huntsville Prostitution / Solicitation
Huntsville Gun Weapon Charges
Huntsville Theft / Property Crime
Huntsville Disorderly Conduct
Huntsville White Collar Crime
Huntsville Juvenile Crimes
Huntsville Warrants / FTA
Huntsville Out Of State Visitor Arrests
Huntsville Record Sealing / Expungement


Previous Experience:
The Law Offices of Segal & Segal, 2007 – Present
Assistant District Attorney, 1991 – 1996
Assistant Alabama Attorney General, 1989 – 1991

Admitted to Practice in:
All Alabama state courts
U.S. District Court in the Northern, Southern and Middle Alabama Districts
U.S. Court of Appeals, 11th Circuit

Education:
Bowdoin College, Brunswick, Maine – 1982
Washington College of Law at American University, Washington D.C. – 1988

Memberships:
Alabama State Bar
Alabama Criminal Defense Lawyers Association
Huntsville-Madison County Bar Association

Contact:
The Law Offices of Segal & Segal, LLC
706 Madison St SE
Huntsville, AL 35801
Ph: (256) 533-4529
Fax: (256) 533-1678
Website: http://www.huntsvilledefenselawyer.com/

Social Profiles:
The Law Offices of Segal & Segal, LLC
12manage
8tracks
AboutMe
Aboutus (Personal)
Aboutus (Business)
Activerain
Alison
Alternion
ANobii
Appearoo
Apsense
Beta.Vizualize
Betterific
Betternetworker
Blogcatalog
Blogger
Blogher
Brandyourself
Calameo
Carbonmade
Codecademy
Cofounderslab
Dailymotion
Dailystrength
Delicious
Disqus
Edublogs
Facebook
Fiverr
Flickr
Folkd
Follr
Github
Google+
Gravatar
Hi5
Hubpages
Hulkshare
Imgur
Issuu
Itsmyurls
Ivillage
Kickstarter
Kiltr
Kiwibox
Klout
Last.fm
Linoit
List Ly
Listal
LiveJournal
Livestream
LookupPage
Meddle
Meetup
Mendeley
Moptwo
Muck Rack
Mylife
MySpace
Ogoing
Orcid
Panoramio
Pen.io
Pinterest
Plaxo
Plurk
Professionalontheweb
Ranker
Scribd
Slideshare
Socialmediatoday
Stage32
Steepster
Storify
StumbleUpon
Thinglink
Trepup
Tumblr
Twitter
Twubs
Viewbug
Vimeo
Visual CV
Visual.ly
Vk
Weebly
Wikidot
Xing
Yatedo
Yourlisten
Zimbio
Zizics