Alabama Criminal Law FAQs

A criminal defense lawyer represents people accused of crimes, protects their rights, and fights to get charges dismissed, reduced, or minimized in court.

In Alabama, an experienced criminal defense attorney like Whitney Polson investigates the facts, reviews police reports and video, challenges illegal searches, and negotiates with prosecutors in cases such as DUI, drug crimes, domestic violence, sex crimes, theft, and other felony and misdemeanor charges. Your lawyer appears with you in court, files motions to suppress illegally obtained evidence, and prepares your case for trial when needed.

You should contact an Alabama criminal lawyer as soon as you learn you are under investigation, are contacted by law enforcement, or are arrested. Early intervention allows your defense attorney to advise you before you talk to police, start protecting your record and driver’s license, and preserve favorable evidence or witnesses.

Reaching out quickly gives your Birmingham criminal defense lawyer the best chance to protect your freedom, your future, and your reputation.

Under Alabama criminal law, a misdemeanor is a less serious offense that typically carries up to one year in a county jail, while a felony is a more serious crime punishable by a year or more in state prison and much harsher penalties.

Common Alabama misdemeanor charges include first‑offense DUI, simple possession of marijuana, harassment, minor theft, and some domestic violence offenses, which still create a criminal record and can affect jobs, housing, and professional licenses.

Felony charges in Alabama include offenses like drug trafficking, burglary, robbery, serious domestic violence, and sex crimes, and are divided into Classes A, B, C, and D with increasing sentencing ranges. A felony conviction can result in state prison time, large fines, loss of gun rights, and long‑term collateral consequences such as difficulty finding employment or passing background checks.

Whether you are facing a misdemeanor or felony, it is critical to contact an experienced Alabama criminal defense lawyer immediately to explore defenses, negotiate for reduced charges, or seek diversion, expungement, or other alternatives when available.

In Alabama, a criminal case usually begins with an investigation by law enforcement, followed by an arrest when officers believe there is probable cause that a crime was committed. After arrest, you are booked into jail and brought before a judge for an initial appearance or bond hearing, where the court explains the charges, sets bail or release conditions, and advises you of your right to a criminal defense lawyer.

Next comes arraignment, where you formally hear your misdemeanor or felony charges and enter a plea of guilty, not guilty, or sometimes no contest. During the pretrial phase, your Alabama criminal defense attorney obtains discovery, files motions to suppress illegally obtained evidence, and negotiates with the prosecutor for dismissal, reduced charges, or a favorable plea agreement.

If the case does not resolve, it proceeds to trial, where the prosecution must prove guilt beyond a reasonable doubt, and your lawyer cross‑examines witnesses, presents defense evidence, and argues your case to a judge or jury. At each step, having an experienced Birmingham criminal defense lawyer like Whitney Polson helps you make smart decisions that protect your freedom and your future.​

You do not have to speak to the police about the facts of a crime if you are being investigated or arrested; you have the constitutional right to remain silent.

Other than providing basic identifying information, you can politely tell officers that you are exercising your right to remain silent and that you want to speak with a criminal defense attorney before answering any questions.

Anything you say to law enforcement—during a traffic stop, DUI investigation, or at the station—can be recorded, written down, and used against you in court. Clearly asking for an Alabama criminal lawyer like Whitney Polson usually requires officers to stop questioning you until your attorney is present.

Talking “just to explain your side” often harms your case more than it helps, especially in serious misdemeanor or felony investigations such as DUI, domestic violence, drug crimes, or sex offenses. The safest choice is almost always to remain silent and contact an experienced Alabama criminal defense lawyer immediately.​

After an arrest in Alabama, you have important rights designed to protect you from unfair treatment by the government. These include the right to remain silent, the right to an attorney, the right to be informed of the charges against you, and, in most misdemeanor and felony cases, the right to have reasonable bail set under Alabama criminal law.

You also have the right to a speedy and public trial, to confront and cross‑examine witnesses, to present evidence in your defense, and to require the State to prove each element of the charge beyond a reasonable doubt. An experienced

Alabama criminal defense lawyer like Whitney Polson can enforce these rights by challenging illegal searches and seizures, filing motions to suppress unlawfully obtained evidence, demanding fair bond, and preparing a strong defense strategy.

Using your rights—especially remaining silent and requesting counsel—early in the process often gives your Birmingham criminal defense attorney the best chance to protect your freedom, your driver’s license, and your record.

Missing a court date in Alabama is very serious and can result in a bench warrant for your arrest, forfeiture of your bond, and additional criminal charges for failure to appear. Once a warrant is issued, you can be arrested at any time—during a traffic stop, at home, or at work—and taken back into custody.

Violating bond conditions—such as committing a new offense, testing positive for drugs or alcohol, contacting an alleged victim, or ignoring travel restrictions—can lead the judge to revoke your bond, raise your bond amount, or add stricter conditions like electronic monitoring or house arrest.

These problems can make it harder to resolve your underlying misdemeanor or felony case favorably.

If you miss court or believe you have violated your bond, do not ignore it. Contact an Alabama criminal defense lawyer like Whitney Polson immediately so your attorney can attempt to schedule you back in front of the judge, file a motion to recall the warrant, explain any misunderstanding, and work to restore your bond or minimize the damage to your case.​

In Alabama, bail is usually set shortly after an arrest based on factors like the seriousness of the charge, your prior record, ties to the community, and any risk of flight or danger to others. Judges look at whether the case involves a misdemeanor or felony, whether violence or weapons are alleged, and whether the charge falls under laws that allow stricter conditions or denial of bond in serious cases.

A skilled Alabama criminal defense lawyer can often ask the court to reduce bail, modify bond conditions, or consider release on recognizance.

Your attorney can present information about your job, family, lack of criminal history, and community ties to argue that you are not a flight risk and can safely remain out of jail while your case is pending.

Many people in Alabama want to know whether a past arrest or conviction can be cleared, sealed, or expunged so it does not haunt them on background checks. In some situations, Alabama law allows for expungement of certain criminal records, especially when charges were dismissed, you were found not guilty, or specific requirements are met.

The rules are technical and depend on factors such as the type of offense, whether it was a misdemeanor or felony, and how the case was resolved. An experienced Alabama criminal defense attorney can review your history, explain whether expungement or record sealing is available, and guide you through the process to help protect your reputation, employment, and professional opportunities.

A plea bargain is an agreement where you plead guilty or no contest to a reduced charge, or in exchange for a lighter sentence, instead of going to trial. In Alabama criminal cases, plea negotiations can involve reducing a felony to a misdemeanor, dropping some counts, or agreeing to probation, treatment programs, or other alternatives to lengthy jail or prison time.

Whether you should accept a plea bargain depends on the strength of the evidence, the possible penalties if you lose at trial, and your personal and professional goals.

A knowledgeable Alabama criminal defense lawyer will evaluate the evidence, file motions to improve your negotiating position, and then compare the plea offer to your chances at trial so you can make an informed decision that protects your future.

State charges are brought under Alabama criminal law and are prosecuted in state courts for offenses like most DUIs, drug possession, domestic violence, and many theft and assault cases. Federal charges are brought under federal law in United States District Court and often involve larger‑scale drug trafficking, fraud, guns, child exploitation, or crimes that cross state lines or involve federal agencies.

Federal cases usually involve federal agents, strict sentencing guidelines, and aggressive prosecution, so the stakes can be extremely high. Whether your case is state or federal, hiring an experienced Alabama criminal defense attorney early gives you a better chance to understand the potential penalties, build a defense strategy, and protect your rights at every stage.

Criminal charges can seriously impact your job, professional license, security clearance, and immigration status, even before a case is fully resolved. Employers, licensing boards, and immigration authorities often run background checks, and an arrest, misdemeanor conviction, or felony conviction can lead to suspension, termination, or denial of renewal.

If you hold a professional license—such as a medical, nursing, teaching, real estate, or commercial driver’s license—a criminal case must be handled with those collateral consequences in mind. Non‑citizens can face immigration problems, including inadmissibility or deportation, based on certain convictions.

A strategic Alabama criminal defense lawyer will consider employment, licensing, and immigration issues when advising you about plea offers, trial, and long‑term consequences.

Hiring a criminal defense lawyer early in an Alabama case gives your attorney more time to investigate the facts, preserve evidence, and shape how the case is charged and prosecuted. Early representation means your lawyer can communicate with law enforcement on your behalf, advise you before any questioning, and help you avoid mistakes that damage your defense.

Prompt action also helps protect your rights at bond hearings, arraignment, and early court dates. An experienced Alabama criminal defense attorney can push for reasonable bail, challenge weak or illegally obtained evidence, and start negotiating from a position of strength, which often leads to better outcomes, including dismissal, reduced charges, or favorable plea agreements.

For your first meeting with a criminal defense attorney, bring any paperwork related to your case, including citations, arrest warrants, charging documents, court notices, and bond paperwork. It also helps to gather police reports, screenshots, text messages, emails, photos, videos, and names and contact information of potential witnesses who can support your side of the story.

If you have a prior criminal record, bring any documents showing past charges, convictions, or probation, along with information about your job, school, and family responsibilities. The more accurate information you provide, the better your Alabama criminal defense lawyer can evaluate the case, identify defenses, and develop a strategy tailored to your situation.

To build the strongest criminal defense, your lawyer needs complete honesty about what happened, including details that may be embarrassing or seem minor. With accurate information, your Alabama criminal defense attorney can anticipate the prosecutor’s arguments, locate helpful evidence, and avoid surprises in court.

Your lawyer also needs prompt communication, copies of any new documents you receive from the court or law enforcement, and your help in identifying and staying in touch with witnesses. Following your attorney’s advice, obeying bond conditions, and staying out of new trouble all strengthen your position.

Working closely and transparently with your criminal defense lawyer gives you the best chance to protect your freedom, your record, and your future.

I have been practicing criminal defense law in Alabama for more than 20 years, representing clients in municipal, state, and federal courts. My practice has focused on defending people accused of crimes since 2004, giving me extensive experience with local criminal courts and procedures.

My father, renowned Alabama criminal lawyer Mark Polson, is my partner at Polson & Polson, My father and I have almost 70 combined years of courtroom litigation experience. Alabama criminal attorney Zander Carrie joined our legal team after a successful early career as a state prosecutor.

My practice is dedicated exclusively to criminal defense and related matters, such as DUI, driver’s license issues, and post‑conviction relief.

By focusing on criminal law instead of handling a mix of unrelated areas, I stay current on Alabama criminal statutes, sentencing laws, and courtroom strategies that directly benefit my clients.

I regularly handle a wide range of Alabama criminal charges, including DUI, drug crimes, domestic violence, theft, white collar offenses, and serious felony cases. Over the years, I have represented clients facing everything from first‑time misdemeanor arrests to complex felony indictments, which allows me to tailor defense strategies to each client’s unique situation

Yes, I appear frequently in courts throughout the Birmingham area and across Alabama, which has given me substantial familiarity with local judges prosecutors, and court staff.

Knowing how different courtrooms operate, how prosecutors evaluate cases, and how particular judges tend to rule helps me give clients realistic expectations and develop strategies that fit local practice.

The approach is to investigate thoroughly and prepare each case as if it will go to trial, while always keeping negotiation options open. Building a strong trial‑ready defense—through evidence review, motions practice, and expert consultation when needed—often leads to better plea offers, dismissals, or reduced charges before trial.​

Whether to accept a plea or go to trial depends on the strength of the evidence, the available defenses, and the client’s goals and risk tolerance. After analyzing police reports, videos, witness statements, and potential legal issues, the pros and cons of any plea offer are explained in plain language so the client can make an informed decision.​

Success in criminal defense is measured in many ways, including dismissals, reduced charges, not‑guilty verdicts, and negotiated outcomes that avoid jail or preserve a client’s record. Because every case is different, exact percentages can be misleading, but the focus is always on achieving the most favorable result possible under the facts and the law in each client’s case.

Clients are kept involved by explaining each step of the process in clear, everyday language and outlining the options and likely consequences.

Important decisions—such as whether to accept a plea offer, file certain motions, or go to trial—are discussed thoroughly, but the legal research and procedural complexity are handled behind the scenes to reduce stress.

Clients are kept involved by explaining each step of the process in clear, everyday language and outlining the options and likely consequences. Important decisions—such as whether to accept a plea offer, file certain motions, or go to trial—are discussed thoroughly, but the legal research and procedural complexity are handled behind the scenes to reduce stress.

Your first lawyer case review is free and takes place at our law firm office - 2824 Central Ave #150 Birmingham, AL 35209. You will meet with myself or attorney Zander Carrie so you can tell us exactly what happened when you were arrested.

We will discuss our experience with representing clients who faced the same harsh conviction penalties, and share how we have been successful in getting charges reduced, or dismissed entirely. Ask Whitney or Zander about possible payment plan opportunities.

Call Alabama criminal defense law firm Polson & Polson at (205) 871-8838 24 hours a day, 7 days a week and get a free lawyer case review.