Alabama Criminal Defense Attorney

For nearly a decade, Brennan Clifton, has represented persons charged with criminal offenses throughout Baldwin and Mobile Counties. Our firm has extensive experience defending clients arrested for all types of criminal offenses in both municipal and state courts. If you ever find yourself in need of a trusted Alabama Criminal Defense Attorney, let our office be the first that you call.

What should I do if I get arrested in Alabama?

If you get arrested in Alabama, the first thing you should do is reach out to a trusted friend or family member. You will normally be taken and booked into the county jail and you will need help posting your bond. If you cannot afford to make a cash bond, there are plenty of bondsman nearby who can help get out out. You will need a co-signer, so it is valuable to have a friend or family member to call on.

When will I go to court after getting arrested in Alabama?

By law, you are entitled to appear in front of a judge or magistrate within 72 hours of your arrest if you have not bonded out.

You will then be scheduled to appear in court for an arraignment. An arraignment is a formal process in which you appear before the judge and are read the formal charge against you. At your arraignment you will enter a plea. 99% of the time you will enter a not guilty plea.

A hearing date will be scheduled next. If you are charged with a misdemeanor offense, your case will be set for trial. Although a misdemeanor offense can carry up to 1 year of jail time and a fine up to $6,000, your trial will be set much quicker than a felony case. There will still be plenty of time for your attorney to prepare for the case.

If you are charged with a felony offense, you can demand a preliminary hearing. A preliminary hearing is a formal hearing in which the judge reviews the evidence to make a probable cause determination. A preliminary hearing must be demanded within 30 days of your arraignment. If probable cause is found after a preliminary hearing, the case will be forwarded to a grand jury to make an additional probable cause determination.

What is a grand jury? A grand jury is a special type of jury whose job is to determine whether a case has probable cause to proceed to trial. Because the grand jury only meets several times throughout the year, it can be common for a case to be pending before a grand jury for several months or even years.

If the grand jury find probable cause, an indictment will be issued against the defendant. The defendant will be ordered to appear in court for another arraignment and the case will eventually be set for a jury trial.

If I get convicted of a criminal charge in Alabama, will I go to jail?

Not necessarily. Although some particular felony charges carry mandatory jail time, being convicted of a crime does not automatically mean jail time.

Whether a person is sentenced to jail or prison time, is solely up to the judge. There are many factors that play into this. Normally, a negotiated plea with probation will be accepted by the judge, but it is discretionary.