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Category Archives: Criminal Defense

dui and gun in florida

Stopped for a DUI in Florida – I Have a Gun in My Car – What Do I Do?

By Smith & McGhee, PC |

It is not unusual for a Dothan, Alabama resident to head south to Panama City Beach. In 87 miles you can be on the white sands and wide expanse of Florida’s Panhandle coastline and many Alabama residents take advantage of the proximity. But what do you do if you are stopped for a DUI… Read More »

criminal trial attorney in alabama - Smith & McGhee

What Happens During a Criminal Trial in Alabama?

By Smith & McGhee, PC |

If you have been charged with a crime, you are likely confused and frightened about the prospects for your future. The criminal trial process in Alabama can be costly from both an emotional and financial perspective. Depending on the jurisdiction and whether the case will be heard in federal or circuit court, there may… Read More »

What Constitutes Aggravated Child Abuse in Alabama? Smith & McGhee

What Constitutes Aggravated Child Abuse in Alabama?

By Smith & McGhee, PC |

A conviction for child abuse can carry very serious consequences. For individuals who are not the full-time custodians of their child and share custody with an ex, a child abuse conviction could threaten their right to spend time alone with their child. Courts might even impose a restraining order, barring a parent from being… Read More »

Alabama Protective Order Law Firm - Smith & McGhee

What Are the Consequences of Being the Subject of an Alabama Protective Order?

By Smith & McGhee, PC |

Recently, we posted some information on what constitutes stalking in the State of Alabama, and the possible criminal penalties that you can face if you’re convicted of misdemeanor or felony stalking. Becoming the subject of a protective order, also referred to as a restraining order, is another possible consequence for those facing stalking accusations… Read More »

Mandatory sentence sends disabled man to jail for marijuana

By Smith & McGhee, PC |

Laws pertaining to drugs in Alabama are very serious. Some carry the possibility of mandatory sentences that are sometimes viewed as too harsh for the crime. When there is the possibility of a mandatory sentence, a defense strategy that fights the charge is crucial. A recent story highlights the problem with mandatory sentences. A… Read More »

Classification of criminal charges is very important

By Smith & McGhee, PC |

Most criminal acts in Alabama fall under the classification of misdemeanors or felonies. Very minor issues, such as simple traffic violations, might be considered infractions. When you are facing any charge in the criminal justice system, learning its classification can help you understand the possible implications of a conviction. A misdemeanor charge is one… Read More »

Your criminal defense has to answer the prosecution’s accusations

By Smith & McGhee, PC |

The old saying notes that every story has two sides. When you are facing criminal charges, the prosecution has one version of events to show and you have another. It is crucial that your criminal defense strategy provide an answer or rebuttal to every point that is made by the prosecution. We know that… Read More »

Preliminary hearings occur in some criminal cases

By Smith & McGhee, PC |

When you are facing a criminal charge, there are several steps in the criminal justice process. Essentially, you won’t move straight from being arraigned to standing trial. Instead, there are other hearings and other steps that you will have to go through as you work your way through the criminal justice system. One of… Read More »

What is the arraignment in a criminal case?

By Smith & McGhee, PC |

There are many steps in the criminal justice process that a person will go through. One step that some people might not fully understand is the arraignment hearing. This hearing is a crucial step in the criminal justice process because of the elements that are present in this hearing. What happens at the arraignment?… Read More »

What must be present for an arrest to be legal?

By Smith & McGhee, PC |

Getting arrested isn’t anything pleasant, but it is critical that you pay attention to what happens when you are arrested. The actions of the police officers can sometimes clue you into things that aren’t legal. There are several important points that must be considered when you are interacting with police officers. What is the… Read More »