Intimidating a witness alabama
Alabama has a large number of crimes specifically related to the possession of firearms, as well as a large number of criminal offenses in which the possession of a firearm leads to enhanced sentences.
If the evidence does not meet the standard of proof beyond a reasonable doubt the persons entitled to a judgment of acquittal.Possession of something as small as a single 22 caliber could result in years of incarceration for a convicted felon. You should be aware federal law is more restrictive on this issue than the state of Alabama. Of course in some instances, the critical evidence is the testimony of the victim in a domestic violence case.In that type of case, with the victim refuses to testify or fails to show up for court it is quite possible the charges could eventually be dismissed.Alabama law generally prohibits a person from carrying a pistol in a vehicle or concealed on their person without a permit.
The relevant law on this issue is contained in section 13A – 11 – 73 of the Code of Alabama: (a) Except on land under his or her control or in his or her own abode or his or her own fixed place of business, no person shall carry a pistol in any vehicle or concealed on or about his or her person without a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85.(b) Except as otherwise prohibited by law, a person legally permitted to possess a pistol, but who does not possess a valid concealed weapon permit, may possess an unloaded pistol in his or her motor vehicle if the pistol is locked in a compartment or container that is in or affixed securely to the vehicle and out of reach of the driver and any passenger in the vehicle.
The state must establish, beyond a reasonable doubt, each and every element of the crime the person is accused of.
If the state fails to meet its burden, the accused person is entitled to be found not guilty.
In a perfect world no innocent person would ever be convicted of a crime, however, our world is far from perfect and instances of false allegations it will be up to your attorney to establish either that the evidence is not sufficient, false or not to be believed.
Different lawyers have different approaches and the strategy your lawyer uses will depend on the specific facts and other variables pertaining to your case.
The relevant portion of this law is contained in section 13A – 11 – 72(a) of the Alabama code which is reproduced here: No person who has been convicted in this state or elsewhere of committing or attempting to commit a crime of violence, misdemeanor offense of domestic violence, violent offense as listed in [Aabama code]Section 12-25-32(15), anyone who is subject to a valid protection order for domestic abuse, or anyone of unsound mind shall own a firearm or have one in his or her possession or under his or her control. A violent offender is an offender who has been convicted of a violent offense, or who is determined by the trial court judge or a release authority to have demonstrated a propensity for violence, aggression, or weapons-related behavior based on the criminal history or behavior of the offender while under supervision of any criminal justice system agency or entity.