The post Pharmacy robbery – what counts as a pharmacy? first appeared on Hawley & Associates, LLC.
]]>The offense becomes even more serious if the property stolen by the offender happens to be addictive and abusable drugs from pharmacies. Some of the drugs dispensed by pharmacies have a high abuse risk despite having accepted medical uses, such as certain stimulants and depressants.
Alabama law even has a specific law prohibiting “pharmacy robbery.” By law, an offender commits the crime if they steal a controlled substance from a pharmacy. But what exactly counts as a pharmacy under this rule?
Under Alabama law, a “pharmacy” is any building, physician’s office, hospital, pharmaceutical house or other structure used for the sale and dispensing of controlled substances. The law also mentions warehouses and other similar buildings used by pharmaceutical producers or distributors to store the drugs, which also count as pharmacies.
The law applies to all pharmacies regardless of location – be it a medical clinic, nursing home, grocery store or chain store – as long as the location has a license to dispense or store drugs.
If a court convicts a person of pharmacy robbery, the person faces imprisonment with hard labor for up to 99 years. In addition, they’ll be ineligible for consideration for alternative sentencing such as parole, probation or a suspended sentence.
However, if a court convicts a person for a second or subsequent time, they will face life imprisonment. They’ll also be ineligible for alternative sentencing.
In conclusion, Alabama’s pharmacy robbery law is a serious offense with significant penalties, including imprisonment and fines. If you face charges for allegedly stealing a drug you didn’t know was a controlled substance, you don’t have to face them alone. Consider consulting with a legal professional who may be able to represent you in the hearing and ensure your rights are upheld.
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]]>The post Credit cards can trick you into additional spending first appeared on Hawley & Associates, LLC.
]]>But there are also some downsides to using these financial resources. Credit cards can make it easier for you to overspend or accumulate additional debt. There are several reasons why this can happen. While not everyone falls into this trap, it’s important to be aware of the psychological and behavioral factors that can lead to overspending when using credit cards.
Paying with a physical credit card can create psychological distance from the money being spent. Studies have shown that people generally spend more money when using a credit card than they would if they were paying in cash because the transaction feels less real. Someone may not think twice when charging $100 on a card, for instance, when they wouldn’t have made the purchase at all if they had to physically hand over a $100 bill.
Credit cards allow you to postpone payment for purchases until the end of the billing cycle. This delay can create a disconnect between the act of spending and the consequences of spending, making it easier to overspend in the short term. When you want to make an impulse buy, for instance, you may be more likely to put the charge on a credit card and tell yourself that you will “figure it out” in the future.
If you start overspending, credit card debt can spiral out of control. After all, credit card statements typically include a “minimum payment” option, which can give the illusion that you only need to pay a small amount each month. But, if that’s all you pay, a heavy interest charge is added – which could be more than the minimum payment. This could cause you to carry a balance and accumulate excessive interest charges, making your transactions more expensive in the long run.
If you find yourself struggling with credit card debt, the good news is that you do have options. One may be declaring bankruptcy to eliminate debt, followed by building your credit rating back up. You can seek legal guidance at any time to explore the ins and outs of this opportunity.
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]]>The post Homemade drug paraphernalia – is it illegal? first appeared on Hawley & Associates, LLC.
]]>However, some drug paraphernalia are made from everyday objects. These include rolled-up bills to inhale substances, tablespoons, cotton balls, plastic bags, belts, and more.
Normally, these everyday items won’t trigger any red flags. But when are these items considered drug paraphernalia by Alabama law?
According to state law, drug paraphernalia refers to any object used or designed for use with controlled substances. Whether it’s to help plant or cultivate organic components of a drug or allow users to imbibe substances, the term “drug paraphernalia” has a broad definition.
A court or other authority has to consider the following criteria when determining whether an item is drug paraphernalia:
Other considerations a court might make include:
If a homemade item matches any of these criteria and becomes closely linked to controlled substance abuse, then the owner faces charges for possession or using drug paraphernalia.
Possession or use of drug paraphernalia is a Class A misdemeanor. On conviction, a person faces up to a year in prison and $6,000 in fines.
However, a person convicted of selling or delivering drug paraphernalia will have heavier penalties because it’s a Class C felony. Punishments include up to 10 years of imprisonment and $15,000 in fines.
So, yes homemade drug paraphernalia is illegal. But a court must first determine whether a specific item fulfills any of the criteria for paraphernalia. If you face charges for possession, use or sale of paraphernalia, consider speaking with a legal professional. An attorney can protect your rights in court and help build a strong defense.
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]]>The post Why people ask for their cases to go through drug court first appeared on Hawley & Associates, LLC.
]]>Every defendant accused of violating drug laws theoretically has the right to fight back in criminal court. However, many choose to plead guilty instead. They do so to evade the complexities of trial or under the belief that admitting guilt may yield a better outcome than defending their case.
Yet, there is another option: Alabama’s drug court program. Here are some of the reasons why people seek out drug court rather than pleading guilty or mounting a defense in criminal court:
The main objective of drug court proceedings is rehabilitation. Alabama drug courts help people overcome their dependency on drugs by connecting them with treatment and requiring regular drug testing.
Although people battling drug addiction recognize that they need professional support, they also typically have plenty of excuses to delay treatment. An arrest that results in a drug court judgment forces them to start treatment and fully commit to it.
Another reason that drug court proceedings are so beneficial for those accused of a nonviolent drug crime is that they can move on from a mistake without it having such a negative impact on the rest of their lives. Successfully completing the drug court process presents an opportunity to evade a conviction.
Additionally, the court may dismiss a person’s criminal drug charges, allowing them to escape fines and jail time by graduating from drug court. Even though it may require dedication and effort, pursuing drug court adjudication over entering a plea in criminal court presents an excellent opportunity for those who want to put their mistake behind them.
People who have recently been accused of a drug crime should explore all their options to see what they can do to minimize the consequences. Those facing drug charges might benefit from consulting with an attorney on what it takes to achieve the best possible outcome.
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]]>The post Destroying, defacing a traffic sign leads to surprisingly severe penalties first appeared on Hawley & Associates, LLC.
]]>You might think destroying or altering a traffic sign might be a great prank since it hurts no one. However, not only does this act inconvenience drivers, but it’s also a crime in Alabama.
Per state law, no person may unlawfully possess or intentionally destroy, deface, or alter the letters on a traffic sign. The rules cover all traffic signs and even traffic control devices (such as traffic lights) erected by the state Department of Transportation, a local county or city.
If a person is convicted of stealing a traffic sign, they’ll have to pay as much as $50 in fines.
However, those who damage or alter a sign face far more severe punishments – both fines and imprisonment – based on the total value of damages caused:
If the offender is a minor under 18, their parents or guardians will be liable for the damages and court costs. Additionally, a court may order an offender under 18 to correct or clean up the damage they caused.
Traffic signs are properties of the government that erected them, so damaging or altering them is illegal. Anyone accused of the crime should consider their legal options because a conviction can lead to jail time. Minors facing the criminal charge should also understand that officials can force their parents or guardians to pay for their legal costs and damages.
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]]>The post What makes property nonexempt under Chapter 7 bankruptcy? first appeared on Hawley & Associates, LLC.
]]>This bankruptcy type classifies property into two categories: exempt and nonexempt. The law typically allows the debtor to keep exempted property or necessities to ensure they can live decently after paying off their creditors. Still, there are rules putting limitations on exempt property values. All the debtor’s properties may fall under nonexempt unless they make a claim. After confirming what assets are exempt, the process moves forward, liquidating nonexempt properties left to settle the debt.
There are no specifications when determining what properties can be exempt. The typical rule to help differentiate between asset categories is whether the debtor needs them for a fresh start after finalizing the bankruptcy. Exemptions can apply to a wide variety of assets, such as real estate, appliances, furniture and vehicles. But even if the debtor claims exemption, their belongings might still be nonexempt if they are valuable items that are not essential, such as collectibles, vintage items and other luxury assets.
This bankruptcy type can be overwhelming, especially when dealing with loose exemption definitions. Even if they can keep some of their assets, it can be challenging to categorize belongings and determine which are most eligible for exemption in compliance with law limitations. Fortunately, debtors can seek experienced bankruptcy legal counsel, helping them navigate the process and resolve issues that could arise.
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]]>The post When can a criminal defense attorney suppress certain evidence? first appeared on Hawley & Associates, LLC.
]]>Particularly when the state has evidence that seemingly connects someone to a criminal matter, people may feel as though they have no way of fighting back. Although the state can and likely will present evidence in an attempt to convince the courts of someone’s guilt in a criminal matter, a defense attorney can help someone prepare an appropriate response. In certain circumstances, a lawyer can even help a defendant to keep certain evidence out of a criminal trial.
There are a variety of situations in which a criminal defense lawyer can potentially keep a prosecutor from presenting certain evidence in court. One of the most common involves police misconduct. When police officers have violated the law or someone’s civil rights, their misconduct can affect the evidence that they collect.
Attorneys can invoke the exclusionary rule in court to keep ill-gotten evidence from swaying the judge or jury. For example, perhaps a police officer conducted an illegal search. A lawyer might be able to keep the evidence obtained during that search out of court. It is also sometimes possible to prevent the vacation or statements made to a police officer during questioning if the defendant did not receive the Miranda warning as required by law.
Other times, lawyers may not be able to keep the evidence out of court, but they can help someone undermine it. For example, they could bring in an expert witness who reinterprets the evidence and reaches a completely different conclusion than the prosecution did. Lawyers can also raise questions about the state’s process for analyzing the evidence. Gaps in the chain of custody might make the evidence less useful than the prosecution would hope.
Those facing criminal charges who are worried about the state’s evidence often have options for defending against the charges in question. As a result, reviewing state evidence with the assistance of an attorney is often a good starting point for those who want to prove their innocence in a court of law.
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]]>The post Is doxing a crime in Alabama? first appeared on Hawley & Associates, LLC.
]]>Which is why threatening to leak the personal information of someone online is terrifying. Maybe you’re leaking the home address of someone you despise or revealing the payment card details of another out of revenge. Regardless of why you’re leaking another’s information, it won’t take long for identity thieves and other malicious persons to abuse the data to commit fraud crimes.
Doxing is the act of maliciously disclosing someone’s identifying information publicly online. It’s illegal in Alabama, and if you’re convicted of breaking the law, expect severe punishments.
The term “doxing” is shorthand for “dropping docs,” which is when hackers would publicly reveal information about their rivals. But over time, doxing began to refer to any malicious reveal of identifying information, intending others to abuse the data to harass or harm the doxed person.
Doxing isn’t limited to information drops on the dark web. Even sharing identification details on social media and other online digital platforms counts as doxing.
Any deliberate leak of sensitive personal information may count as a doxing attempt, especially disclosures of the following data:
Revealing embarrassing life details about a person online also counts as doxing.
According to Alabama law, a violation of the state’s doxing rules is a Class A misdemeanor. On conviction, a person faces up to a year in prison and as much as $6,000 in fines.
But for anyone charged for a second or subsequent time, the offense becomes a Class C felony. The convicted face up to 10 years in prison and $15,000 in fines.
Doxing is a crime in Alabama, and the punishments are harsh even for a first conviction. No matter your reasons for publishing someone’s data on the web, expect to face criminal charges and potential prison time if caught.
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]]>The post What exemptions can you claim in an Alabama bankruptcy? first appeared on Hawley & Associates, LLC.
]]>But if you’re like a lot of Alabamians, then you’re worried about what your stability will look like post-bankruptcy. A lot of people erroneously believe that they’ll be left with nothing once all is said and done, but this simply isn’t the case.
Bankruptcy is meant to get you back up on your feet, not completely ruin you. That’s why when you pursue personal bankruptcy you can rely on bankruptcy exemptions to keep some of your property. This includes:
Keep in mind, too, that these exempt values double if you’re married. Remember that there are a lot of nuances to the bankruptcy code, so make sure you have a full understanding of it to maximize your ability to protect your financial stability post-bankruptcy.
If so, then now is the time to act. There’s no sense in putting yourself through the stress and struggle associated with trying to claw your way out of debt. You can put in work today to secure the new beginning that you need. So, if you’d like to learn more about what bankruptcy can do for you, then please continue to read our blog and the rest of our website.
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]]>The post How to minimize the credibility of the prosecution’s witnesses first appeared on Hawley & Associates, LLC.
]]>Although every witness swears to tell the truth when testifying, not all testimony is honest and put in the proper context. But it’s up to you to highlight to the judge and jury why a witness’s testimony shouldn’t be fully trusted. Given that the judge or jury will decide your guilt based on that testimony, your ability to attack witness credibility can sway the outcome of your case.
You have several options. This includes:
Any one of these approaches could devastate the reliability of a witness’s testimony. This, in turn, could turn the tables in your criminal case.
Attacking witness credibility could be key in your case. Yet, it’s just one aspect of many that you need to address in your case. If you want to put forth a thorough, well thought out, and aggressive criminal defense, then be sure to take a holistic look at the facts of your case to find the criminal defense arguments that best position you for success.
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