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Trial Begins in Alleged Toddler Murder

On August 19, 2013, jury selection began in the murder and assault trial of a teenager whom prosecutors claim shot a 13-month-old boy because the boy’s mother said she didn’t have any money.

17-year-old De’Marquise Elkins and 15-year-old Dominque Lang are being tried separately. Each of the suspects is charged as an adult and faces 17 different criminal counts, including assault and murder. Mr. Elkins’ mother is also facing charges of obstruction of justice, stemming from the same incident.

Prosecutors allege that Mr. Elkins and Mr. Lang approached Brunswick resident Sherry West as Ms. West walked her 13-month-old son in a stroller, and after Ms. West refused to comply with their demands for money, Mr. Wilkins shot the young boy in the face.

Defense attorneys respond that Ms. West had previously been involved in an insurance fraud case, and that a relative overheard Ms. West ask the life insurance company when she could expect a check. Her ex-husband, convicted felon Louis Santiago, has a very weak alibi for the shooting and police detected gun residue on his hands soon after the incident. Neither he nor Ms. West have been charged with any criminal activity.

Strategy in criminal cases

In a criminal case, the prosecutor must prove the defendant’s guilt beyond any reasonable doubt. Defense attorneys often try to create reasonable doubt as opposed to directly refuting the prosecutor’s case. In this instance, the defense lawyers are expected to argue that the boy’s parents may have played a role in the boy’s death. By creating confusion, lawyers hope that at least one juror will have a reasonable doubt as to the evidence. Such a strategy, colloquially referred to as the “sink and ink” defense among some criminal attorneys, is often effective, especially when the facts themselves are heavily slanted against the defendant.

For more than 30 years, the experienced criminal defense attorneys at McPhillips Shinbaum have routinely defended individuals accused of serious criminal charges, including aggravated assault, murder and rape. Contact McPhillips Shinbaum today for your free consultation.

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Keeping on Track with Drug Charge Probation

Alabama drug possession laws are strict, but the court has options for first offenses and minor charges, including probation. Under probation, you agree to follow specific terms for the length of the probation period instead of serving jail time. A judge can only offer probation to a defendant who is likely to make a sincere attempt to turn over a new leaf and stop using drugs, so judges are unhappy when someone violates the terms of the deal.

Drug-related probation may include the following:

  • Regular appointments with a probation officer (PO)
  • Attending a drug abuse program
  • Community service
  • No additional criminal offenses
  • Random drug screening

Meeting your responsibilities under the probation agreement is your best chance to get the legal consequences of your arrest reduced. In some cases, we have been successful in getting the original charges dismissed when the probation is completed. If you violate your probation, your PO may hand your case back to a judge, who can reinstate your original prison sentence. However, under Alabama law, the court cannot revoke probation without a revocation hearing.

At this hearing, your PO presents evidence, for instance, a record of missed appointments or results from a failed drug test. An experienced criminal defense attorney knows that lab results are not always accurate and there might be mitigating circumstances to explain other parole infractions. Even if it is clear that you have violated your probation terms, we can attempt to persuade the judge to extend your probation instead of requiring jail time.

Everyone deserves a second chance, but there can be several bumps along the path to turning a life around. At McPhillips, Shinbaum, LLP, we do our best to help clients get through the stressful period following a drug-related arrest so they can move forward towards a better future.

 

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Sexting and Alabama Obscenity Laws

When the first automobiles began rolling off the assembly line a century ago, no one was envisioning roadside fast food or drive-in movies. Likewise, the technology wizards who came up with hand-held devices that have photo and video capabilities probably did not anticipate the “sexting” craze among teenagers — the sharing of naked photos and sexually explicit videos via cell phones. What many teens do not realize is that sexting is a criminal act in most states, including Alabama.

One highly publicized case involved three Virginia teenagers who were arrested on felony charges of child pornography after they sent videos depicting some of their drunken sexual activities.

Even though the other participants had consented to be filmed and the videos had not been sent to anyone outside their circle, Fairfax County prosecutors argued that the material legally constituted child pornography.

The case was finally settled after two of the teens entered a plea deal and testified against the third boy, who was charged with a felony count of unlawful filming and sentenced to three days in a juvenile detention center.

In Alabama, anyone who produces, distributes or is in possession of sexually explicit material involving anyone under the age of 17 can be arrested on obscenity and child pornography charges:

  • A teenager who takes a naked picture of herself and sends it to her boyfriend has violated three laws against producing, distributing or possessing child pornography.
  • The boyfriend could be prosecuted for possessing child pornography. Penalties for this serious felony may include jail time and mandatory registration as a sex offender.

Parents should make sure their teenagers understand that sharing sexually explicit images is a crime in Alabama. If your minor child is faced with sexting-related charges, make sure you contact us to discuss strategies to safeguard their rights.

 

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Make Every Month Safety Month

An ounce of prevention is worth a pound of cure. Although a simple statement, the thought applies well to accident prevention and legal remedies. Putting a focus on safety saves lives and lawsuits.

Sponsored by the National Safety Council, June was National Safety Month. The theme for 2013 was Safety Starts With Me. The goal was to urge individuals to take their own safety, and the safety of co-workers, family and friends into account throughout daily life. Each week offered a safety theme like understanding slip and fall accidents, emergency preparedness, ergonomics and employee wellness.

Our firm works hard to obtain compensation for clients injured in many ways. Consider these points about accidents in the United States:

  • Fires are the third leading cause of deadly home injury in the country. The youngest and oldest family members are the most vulnerable. In 2010, a person was injured in a fire about every 30 minutes and a person died in a fire approximately every 169 minutes. Fire prevention, including installation and proper operation of smoke alarms, does not make headlines until tragedy occurs.
  • From pills to pesticides, unintentional poisoning kills over 80 people per day. Poison can be eaten, inhaled, or absorbed through the skin.
  • About 200,000 children are treated in emergency rooms for a fall-related injury each year.
  • According to the Centers for Disease Control and Prevention (CDC), about 800,000 people are treated for dog bites every year. Understanding leash laws and responsible pet ownership is essential for keeping your children and your dog safe.

Preventing painful accidents is better than putting life back together after the injury, disability or the death of a loved one. Every month should be National Safety Month. If you are injured through the negligence of someone else, talk to an experienced personal injury attorney in Alabama.