What to do When There is a Warrant for Your Arrest
Some people know when they have broken the law as well as the consequences that goes along with committing that crime. However, there are others who may not know that they have broken the law, that is, until they are being issued or told that there is a warrant for their arrest. Though being informed that you have or may have a warrant for your arrest can be overwhelming, there are actions that you can take to help you in your situation.
If you or a loved one have been informed that you have a warrant for your arrest, it is in your best interest to contact an experienced Birmingham criminal law attorney so that we can strategize about the best possible outcomes for your situation.
What to Do?
In Dothan, a warrant for your arrest can be issued in two different cases. You can have an arrest warrant issued, typically, because you have committed some crime or there is probable cause to believe that you have committed a crime or you can have a bench warrant for your arrest, which is the most common form of a warrant for your arrest. A bench warrant, typically, means that an officer will not come to your house in search of you, however, if you are stopped for a traffic violation or attempt to renew your driver’s license, you will be arrested usually due to a failure to appear.
When you have been informed that you have a warrant for your arrest, there are three actions that you can take to right this wrong. You can search a third-party website if you know the date of the offense or other information such as the description of the offense or charges. However, if this information is not available to you, you should call the courthouse which the warrant was issued to see what the warrant is for. You will essentially be told that you have outstanding fines, and sometimes, the warrant can be taken care of by paying the debt owed or setting up an appointment to speak with someone, such as the Judge, the make payment arrangements.
However, depending on why you have been issued a warrant for your arrest, you may still need to turn yourself into the police department. Lastly, and the most important way you can handle a warrant for your arrest is by contacting a criminal law attorney. A criminal law attorney can, generally, seek the information that you cannot in the case of a warrant, as well as inform you of your rights and help you address any issues.
Need Legal Advice?
Though you may be frustrated and overwhelmed to learnt that you have a warrant for your arrest, you do not have to be. Contacting an experienced criminal law attorney is invaluable to you and your situation and here at Boles Holmes White, we are here to help. Because all situations are different, it is in your best interest to contact an experienced Dothan criminal defense attorney at Boles Holmes White, to help you with your case. Contact our office today.
- Published in Criminal Law
Drug Distribution
There is a debate within American society as to whether the use of controlled substances such as drugs should be banned. Some claim that drug crimes are victimless crimes and not much different than alcohol; others cite their effects, both short and long term, as reason to ban them. Regardless, under both Alabama state law and federal law, illegal drug distribution and use are illegal, and the penalties for violating anti-drug statutes are harsh.
Statistics reveal that law enforcement, particularly drug enforcement, focuses on those who distribute drugs. It seems that law enforcement does not look to enforce the law against end users. They seek to enforce the law against distributors, manufacturers, and those involved in transporting the drugs.
Alabama Law
The Alabama statute criminalizing drug distribution makes it unlawful for a person to sell, furnish, give away, deliver, or distribute a controlled substance. A controlled substance is defined in the Alabama drug distribution statute is being any substance listed in the drug schedule (see below).Note that the statute applies not only to illegal drugs such as cocaine or heroine but also to legal drugs that require a prescription, but are illegally distributed. Moreover, Alabama courts interpret the drug distribution statutes to include almost any situation involving the transaction of a controlled substance. As such, the law criminalizes both the selling and giving away of drugs.
Drug Schedule Under Alabama Law
Schedule I drugs (such as opiates and certain opium derivatives and hallucinogenic substances) are those that have a high potential for abuse, have no accepted medical use, or are unsafe for use in treatment, even when administered under a doctor’s care. This includes cocaine, crack cocaine, and heroine.
Schedule II drugs (such as coca leaves and opium) have a high potential for abuse, have an accepted medical use, and can result in severe psychological and physical dependence if abused.
Schedule III drugs (such as codeine and amphetamines) have a potential for abuse less than Schedule I or II drugs, have an accepted medical use, and can lead to low or moderate physical dependence and high psychological dependence. This includes marijuana, which many argue has significant medical benefits, especially for those undergoing chemo and radiation therapy.
Schedule IV drugs (such as barbiturates) have a lower potential for abuse than Schedule III drugs, have an acceptable medical use, and may lead to limited psychological and physical dependence in relation to Schedule III drugs.
Schedule V drugs are the least dangerous, with the lowest potential for abuse, a currently accepted medical use, and are likely to lead to only limited physical or psychological dependence. Schedule V drugs include medicines that have very small amounts of specified narcotic drugs. Thus, the sale of otherwise legitimate medicine that contains small amounts of illegal drugs is subject to harsh penalties under Alabama law.
If you are facing drug distribution charges, know that you have rights. Alabama law is harsh and violators will be punished. You need a vigorous defense. Contact the Dothan law firm of Boles Holmes White.
- Published in Drug Crimes
Can An Employer Use a Potential Employee’s Bankruptcy Against Him?
Besides the social stigma of filing for bankruptcy, bankrupt debtors, both those who are enduring and have completed the bankruptcy process, will need to contend with potential employment discrimination. Current and potential employers may have concerns about the debtor’s character, thereby hurting a debtor’s chances of continuing or securing employment.
Congressional Response
In response to post-bankruptcy employment discrimination, Congress enacted section 525 of the U.S. Bankruptcy Code. Specifically, the Code in section 525(a) provides that “a governmental unit may not…deny employment to, terminate the employment of, or discriminate with respect to employment against, a person that is or has been a debtor under this title or a bankrupt or a debtor under the Bankruptcy Act.” In section 525(b) the Code provides that “[n]o private employer may terminate the employment of, or discriminate with respect to employment against, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individual associated with such debtor or bankrupt, solely because such debtor or bankrupt.”
Congress added subsection (a) in 1978 to prevent government agencies from unfairly discriminating against debtors filing for bankruptcy. In 1971, the United States Supreme Court ruled that a state could not suspend the driver’s license of a debtor who had an automotive-related tort judgment discharged in bankruptcy. This eventually propelled Congress to create debtor protections concerning other debtor-government relations. In 1984, Congress extended debtor-government employer protections to private employers.
The Myers Case
Plaintiff Eric Myers filed for Chapter 7 bankruptcy in January of 2008. Around the same time, Myers moved his family to Florida to live with his parents. His debts were fully discharged in May of 2008. At some point, Myers heard about an opening at one of Defendant TooJay’s restaurants and applied.
Myers tried out at the restaurant and TooJay’s expressed interest in hiring him. After that, Myers notified his then employer that he was resigning so that he could start at TooJay’s. A little more than a week later, TooJay’s informed Myers that it would not hire him because TooJay’s, as a matter of company policy, did not hire those who filed for bankruptcy.
Myers claimed that 525(b) barred TooJay’s from discriminatory hiring practices. The District Court ruled in favor of TooJay’s, citing the language in 525 wherein the code bars a government agency from denying employment based on a bankruptcy filing but lacks similar language when discussing a private employer. Therefore, section 525 permits private employers to discriminate in hiring based on prior bankruptcy.
On appeal, the Eleventh Circuit upheld the ruling based on the disparate statutory language between subsections (a) and (b). The Fifth Circuit applied the same logic to a similar case.
Based on the above, a private employer can discriminate against a potential employee simply because that employee filed for bankruptcy.
A Different View
However, in the caseLeary v Warnaco from the Southern District of New York, the court concluded that 525(b) prohibits an employer from discriminating against a potential employee post-bankruptcy. The court based its ruling on the language in 525(b) “discriminate with respect to employment against” is broadly phrased and therefore protects bankrupt job applicants as well. It also applied the “fresh start” policy of bankruptcy, which should prohibit employment discrimination against debtors who successfully gained a bankruptcy discharge. Although 525(b), when compared to 525(a), lacks the express language of “deny employment to,” the court attributed the omission to “scrivener’s error.”
To summarize, the statute is not clear. Most courts look to the plain language in 525(b), which is not as explicit as 525(a), suggesting that the code does not bar employers from discriminating hiring practices against post-bankruptcy debtors. Therefore, an employer would legally be allowed to not hire a potential employee because that potential employee filed for bankruptcy. In contrast, one court holds that 525(b) is broad and therefore provides protection for post-bankruptcy job seekers.
Contact a Bankruptcy Attorney
If you are seeking a job and feel that you were not hired due to discrimination, you should contact the law firm of Boles Holmes White, lawyers experienced with pursuing justice for those facing unfair hiring practices.
- Published in Bankruptcy
Man Arrested for Theft of Electronic Walmart Shopping Cart
Curtis Wymes, 25, has been arrested by Dothan police and charged with stealing a motorized scooter filled with alcohol from a local Walmart shopping center. Records show that police charged Wymes with stealing two 18-packs of Corona beer, three 12-packs of “Strawberita” beer, and a motorized shopping cart that is typically used by handicapped customers. The determined value of the property stolen was a combined $5,069.85. Wymes is currently being held at the Houston County Jail on $5,000 bail.
Officers arrived to the scene in response to a theft in progress complaint at the Northside Walmart Supercenter where they learned that a man had left the store on an electronic scooter without paying for a large amount of alcoholic beverages. Officers found a suspect matching the description in the 3000 block of Flynn Road where they took Wymes into custody and charged him with felony first-degree theft of property.
In the state of Alabama, first-degree theft of property is a Class B felony that is punishable by no more than 20 years in prison, and no less than two years. Theft of property is classified in the first-degree if the property value stolen exceeds $2,500.
If you or someone you know is facing theft charges, it is important that you contact an experienced criminal attorney to handle your case. The lawyers of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Call to schedule a consultation today.
- Published in Criminal Law
Headland Man Facing Felony Criminal Charges
Kennon O’Bryan Hester, of Headland, has been charged with enticing a child for immoral purposes in connection to a July 21st incident involving two teenage girls. Hester, who is currently out on bail for drug trafficking charges, was taken to the Houston County Jail where he is being held without bail.
Police arrested Hester after they received a complaint of a man chasing two juvenile girls from the 1300 block of Alexander Drive to a home in the 1200 block of Judson Street. Hester, 35, was taken into custody shortly after at the Alexander Court Apartment Complex. Dothan Police Lieutenant Will Benny has announced that neither victim, ages 13 and 14, were injured in this alleged crime.
Court records show that Hester was arrested earlier this month by Dothan police and charged with drug trafficking, drug manufacturing, and unlawful possession of meth. He also has a second drug trafficking charge, and a drug possession charge pending from a 2012 arrest.
In the state of Alabama, enticing a child for immoral purposes is classified as a Class C felony. This crime generally carries a maximum prison sentence of 10 years, and a minimum sentence of one year and one day. Fines may also be imposed but may not exceed $15,000.
If you or someone you know has been charged with a felony crime, it is important that you contact an experienced criminal attorney to handle your case. The lawyers of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Call to schedule a consultation today.
- Published in Criminal Law
Two Dothan Women Arrested on Theft Charges
Connie Collins, 54, and Charlotte King, 53, have been arrested in connection to the theft of over $500 worth of merchandise from two local businesses. Each woman has been charged with two felony counts of second degree theft of property and both were transported to the Houston County Jail where they are being held on bail totaling $5,000.
Officers responded to a theft complaint at Kohl’s department store on Friday July 11th and were told that two women had taken several items from the store without paying. The suspects fled the scene of the crime in a maroon Dodge car, but were stopped by officers and taken into custody a short time later. Collins and King were found to be in possession of merchandise stolen from Kohl’s department store and Academy Sports store.
In the state of Alabama, theft of property in the second degree is a Class C felony and is punishable by a prison sentence of no less than one year and one day, and no more than 10 years. Theft of property is classified in the second degree if the property value stolen is more than $500 and less than $2500.
If you or someone you know is facing theft charges, it is important that you contact an experienced criminal attorney to handle your case. The lawyers of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Call to schedule a consultation today.
- Published in Criminal Law
Former Bail Bondsman Pleads Guilty to Identity Theft
Roderick Dewayne Neal, 49, pleaded guilty to felony charges of aggravated identity theft and conspiracy to make false claims in federal court in Montgomery on Thursday afternoon. The former bail bondsman at A-Advantage Bonding now faces a mandatory sentence of two years in prison for the aggravated identity theft charge and a maximum sentence of 10 years for the conspiracy charge.
Neal and two women, Ivory Minnette Bolen and Nina McKinnie Macena, have been charged with conspiring to defraud the government by filing false federal income tax returns in the names of third parties without their knowledge or consent. The scheme is believed to have lasted from January 2012 to December 2013 and caused the IRS to pay out $209,243 through the false tax returns.
According to the indictment, Neal obtained identification information of the victims and provided it to Macena, who then gave it to Bolen. Bolen used the stolen personal information to prepare and file the federal income tax returns. She then had the refunds deposited into the accounts for pre-paid debit cards and had them mailed to addresses linked to herself and Macena.
The charges against Macena remain pending and she ix expected to appear for trial at the federal courthouse in Dothan next week. Bolen has already pleaded guilty using stolen identities to electronically file false federal income tax returns and will now serve a 42 month prison sentence.
Neal has been released on bail and a sentencing hearing will be scheduled within the next 60 to 70 days.
- Published in Uncategorized
AAA to Offer Free Towing Service to Impaired Drivers for July 4th Holiday
In an effort to help drivers celebrate the nation’s birthday safely, AAA-Alabama will again be offering “Tow-for-Life” services this year across the state. “Tow-for-Life” utilizes AAA-Alabama contracted wrecker services and will be able to tow impaired drivers up to 10 miles for free between 6:00 p.m. Thursday night and 11:59 p.m. on Friday. The program is in it’s 24th year of operation and this will be the third time it is offered for the Fourth of July holiday.
“This is a very dangerous time of year to be on the roads,” AAA-Alabama spokesman Clay Ingram said. “We want to do everything possible to prevent people from drinking and driving, and this service should certainly help keep impaired drivers off the roads.”
The service is available to people regardless of whether they are current AAA members but vehicles must be operational to quality for free towing. Charges may be assessed for distances longer than 10 miles.
How it works:
- Call AAA-Alabama at 1-800-222-4357 (1-800-AAA-HELP) and ask for Tow-for-Life.
- Provide the operator with the driver’s name, home address, telephone number and the exact location of the vehicle in order to have a tow truck dispatched
- Upon arrival, the driver of the tow truck will ask for identification and the keys to the vehicle.
This program will also exist in other states, including: Arizona, Florida, Georgia, Tennessee, Hawaii, Texas, Oklahoma, Ohio, New Mexico and southern California.
The Insurance Institute for Highway Safety reports that more than 630 people were killed in automobile crashes on July 4th from 2008 through 2012.
- Published in DUI
Man Arrested for Employee Theft in Dothan
John Floyd Denson, 52, of East Smithville Road, was arrested on Tuesday after an internal investigation revealed that he stole more than $6,000 worth of merchandise from his employer. He has been charged with two counts of first-degree theft of property and is currently being held on a $30,000 bond.
The investigation was conducted by the company’s security division after they received evidence showing that Denson was potentially stealing from the plant. It was discovered that Denson stole over $3,500 worth of tools and equipment during his employment at Waynes Farms in Dothan. The investigation also determined that Denson ordered nearly $3,000 worth of chain link fencing for a family member, which he used the company’s account to purchase.
Police are asking for anyone that has purchased tools from Denson within the last year to contact authorities at 334-615-3000.
In the state of Alabama, theft of property in the first degree is a Class B felony that is punishable by no less than two years in prison, and no more than 20 years.
The following constitutes first-degree theft of property in Alabama:
(a) The theft of property which exceeds two thousand five hundred dollars ($2,500) in value, or property of any value taken from the person of another, constitutes theft of property in the first degree.
(b) The theft of a motor vehicle, regardless of its value, constitutes theft of property in the first degree.
(c) The theft of property which involves all of the following constitutes theft of property in the first degree:
- The theft is a common plan or scheme by one or more persons; and
- The object of the common plan or scheme is to sell or transfer the property to another person or business that buys the property with knowledge or reasonable belief that the property is stolen; and
- The aggregate value of the property stolen is at least one thousand dollars ($1,000) within a 180-day period.
If you or someone you know has been charged with a property crime, it is important that you contact an experienced criminal attorney to handle your case. The lawyers of Boles Holmes White are experienced in a variety of legal matters and have a history of success in the courtroom. Call to schedule a consultation today.
- Published in Criminal Law
Bail Bondsman Arrested for Handcuffing Men to Courtroom Door
Ricky Stokes, the bail bondsman who handcuffed two men to the door of the city courtroom, turned himself into police on Tuesday night and was booked on two counts of second-degree unlawful imprisonment. He has since been released after posting two $300 bonds.
The charges stem from an incident on June 4th when two men turned themselves in to Stokes after missing their court dates earlier in the week. Police allegedly refused to take the men into custody because arrest warrants hadn’t been issued, and court was not in session. Stokes, who had bonded the men out of jail on their original charges, handcuffed them both to the Dothan Municipal Courthouse door and left the premises. The men remained chained to the door for nearly 25 minutes before being released.
Stokes says that he have handcuffed the two men to prove a point that the Dothan City court was understaffed. He also refutes claims made by Rev. Kenny Sharpton Glassgow that this incident is race related. Stokes responded to the incident in his blog with the following statement:
“I firmly stand on the grounds that I am not guilty and have not violated the laws in my actions regarding the apparent bail jumping by Reese and Tiller. When you fail to appear for court at the time prescribed by the court, then you have jumped bail.
As a bondsman, it is my duty to return you to the custody of the Chief of Police or Sheriff, whichever has jurisdiction of the case, in order to clear your bail jumping.
The laws of this state give bondsman wide latitude in the apprehension and surrender of those who bail jump. Case law likens it the re-arrest of an escaped prisoner by the Sheriff.”
The two men and a handful of witnesses went to the city magistrate’s office on Tuesday to file an official complaint against Stokes and warrants were issued later that day. In the state of Alabama, unlawful imprisonment in the second degree is a Class C misdemeanor punishable by no more than three months in jail and no more than a $500 fine for each count.
- Published in Criminal Law