Tag Archive for: Law

Miranda Failures not Grounds for Automatic Dismissal. On a weekly basis, criminal defendants contact our office after having been arrested. The funny thing is, they often aren’t looking for a criminal attorney to defend them. Rather a civil rights attorney to sue the police.  The primary reason provided is that they were arrested and the police didn’t read them their rights.   These defendant’s often explain they aren’t looking for a criminal attorney. The charges must now be thrown out due law enforcement’s failure to read their rights. They now want an attorney to take the case on a contingency basis to sue the cops.

Unfortunately, these complaints, while common, are not well founded.  Such calls occur so frequently. I am just left shaking my head about our population’s lack of knowledge of their Miranda rights, and what Miranda means.

Miranda v. Arizona is a case that was decided by the Supreme Court of the United States in the 1960’s.  What the Court held in Miranda is that any statement made by a criminal defendant cannot be introduced in the trial against that defendant if the statement was made to law enforcement while the defendant was in custody of law enforcement, unless the Defendant was advised that they could remain silent and have an attorney.  In other words, Miranda rights only apply to the admissibility at trial of a Defendant’s statement while in police custody.

There is no right to have your Miranda rights read to you when you are arrested.  In fact, it is common for law enforcement not to read Miranda if they do not intend to interrogate or question the suspect.

This does not mean that failure to read Miranda rights has not ultimately caused the dismissal of a criminal case.  In some very limited circumstances, police have failed to read Miranda rights to someone in custody, yet obtained a confession.  This confession has then been ruled inadmissible in court. Leaving the prosecutor (in a very limited number of cases) with very little evidence to convict the defendant, therefore resulting in a dismissal.

So if you have been arrested, and the police failed to read you your rights, this failure likely won’t matter. Unless you made an incriminating statement.  Such failure by the police in circumstances where you remained silent after arrest does not constitute law enforcement violating your rights.  Rather than seeking to sue the police for violation of their rights, someone finding themselves in that situation should be consulting with an experienced criminal attorney who can help them beat the charges.

Warrants Issued in Credit Card Fraud Investigation. The lengthy investigation into a debit/credit card fraud scheme, which took place primarily in the state of Alabama, as resulted in more than 160 felony warrants being issued against six members of a Birmingham rapper gang.  The Gardendale police have been a part of this investigation since February. They are now searching for the members of a gangsta-rap group known as the “Hood Dynasty”.

A press statement acknowledged that the criminal activity took place across the United States but was concentrated along the Interstate 65 corridor from Birmingham to Huntsville.  Gardendale Lieutenant Bryan Lynch reported that the scheme involved the suspects using fraudulent cards to purchase gift cards which were used to pay the personal expenses of the gang members.

Search warrants were executed on May 17th during two raids in Irondale by the Gardendale Police and the United States Secret Service.  The information obtained in these raids resulted in 164 felony warrants being issued on Tuesday against the gang members.

The charges against the suspects are as follows:

Eric Jose Azcona, 27, has been charged with 28 fraudulent uses of a credit card, 26 identity thefts, trafficking in stolen identities, and theft of property in the first degree.  Bond has been set at $1,260,000.

Christian Talmadge Packer, 24, has been charged with 21 fraudulent uses of a credit card, 18 identity thefts. Furthermore, trafficking in stolen identities, and first-degree theft of property.  Bond has been set at $885,000.

Joshua Caleb Lewis, 25, of Birmingham, has been charged with 15 fraudulent uses of a credit card, 13 identity thefts, trafficking in stolen identities, and attempted theft of property in the first degree.  Bond has been set at $645,000.

Devin Daiget Coleman, 26, has been charged with 11 fraudulent uses of a credit card, 2 identity thefts. In addition, trafficking in stolen identities, and attempted theft of property in the first degree.  Bond has been set at $405,000.

Steven Joseph Azcona, 24, has been charged with 9 fraudulent uses of a credit card, 5 identity thefts, trafficking in stolen identities, and attempted theft of property in the first degree.  Bond has been set at $315,000.

Kenosha Renay Shaw, 24, has been charged with 2 fraudulent uses of a credit card, 2 identity thefts. After that, trafficking in stolen identities.  Bond has been set at $120,000.

Trial Date Set for Police Officers Involved in 2008 Alleged Beating. United States District Judge Virgina Hopkins has set a trial date for the lawsuit filed against six Birmingham police officers by Anthony Warren.  It will take place at the Hugo Black United States Courthouse in Birmingham on September 22, 2014 and address charges that accuse police of beating Warren while he lay unconscious on the ground after a police chase in 2008.  The chase, which included an injury to a Hoover police officer and Warren’s arrest, was captured by a police cruiser dashboard camera near the entrance ramp to Interstate 459 from U.S. 31.

Warren is currently serving a 20 year prison sentence but is suing Birmingham police officers Heath Boackle, Thomas Cleveland, Barrett Dewitt, David Doran, Alvin Fortson and Kenneth Prevo regarding the Jan. 23, 2008 incident.

Boackle, Cleveland, Dewitt, Doran, and Prevol were involved in Warren’s arrest following the high speed chase in Birmingham.  The chase concluded after nearly 30 minutes when Warren’s car spun out of control and rolled over.  The video showed that Warren had been ejected from the vehicle and was lying on the ground when officers began to strike him before he was placed in handcuffs.

The remaining claims against the police officers are as follows:

Officers Boackle, Cleveland, and Prevo:

Officers Dewitt and Doran:

Officer Fortson:

  • Unlawful search and seizure

High School Football Coach Charged with DUI. Joey Kirby, the head football coach at Section High School, was arrested around 1:00 a.m. on Wednesday morning and now faces charges that include reckless driving, having an open container of alcohol, illegal possession of an alcoholic beverage, and driving under the influence.  Troopers are still investigating and say subsequent charges remain pending.

An Alabama State Trooper stopped Kirby in the Rosalie community after he was clocked traveling 91 miles per hours in a 55 mile per hour zone on Alabama Highway 71.  State Troopers found him to be in possession of an open alcohol container and took him into custody after Kirby refused a field sobriety test.

According to Superintendent Kenneth Harding, this is the first infraction he’s had with Kirby since he was hired by the school system nine years ago.  “He made a poor choice, made a bad decision,” said Harding. “I’m sure he regrets it. We hate it; certainly not the image that we want to portray for our people. I’m sure it’s not what Coach Kirby wants to portray for his.” Harding plans to meet with Coach Kirby as soon as possible to discuss the charges.

Kirby was booked into the Jackson County Jail and held in custody for 24 hours.  Although, he was released after 10:00 p.m. on Wednesday night.

Joey Kirby began his coaching tenure at Section High School in the fall of 2011.  His brother is currently an assistant coach.  Section’s football team had a record of 6-4 in 2013.

Columbiana Police Arrest 16 in Synthetic Drug Sweep. A nationwide drug operation, dubbed Project Synergy, has led to the arrest of 16 individuals by the Columbiana Police Department.  Officers seized more than 400 grams of synthetic and real marijuana, as well as other narcotics during the statewide raid.  It is believed that the estimated street value of the narcotics seized is around $15,000.

In total, Alabama law enforcement agencies made 38 arrests and seized more than 200 pounds of synthetic drugs in the 10-county raid that took place on May 7, 2014.  The counties targeted by agents in Alabama were: Houston, Montgomery, Lee, Dallas, Jefferson, Shelby, DeKalb, Etowah, Morgan, and Madison.

More than 35 federal, state, and local agencies also seized $500,000 and 19 guns as part of the national drug takedown that was led by the Drug Enforcement Agency.

Project Synergy is a joint operation between the DEA, Customs and Border Protection, Immigrations and Customs Enforcement, Homeland Security Investigations, the Federal Bureau of Investigation, the Internal Revenue Service, and local law enforcement agencies.  The raid specifically targets manufacturers, retailers, distributors, and wholesalers dealing in over 250 different types of synthetic drugs.  Most of these synthetic drugs are being manufactured in China. After that, are being sold by retailers who send profits back to the Middle East.

Columbiana Police Arrest 16 in Synthetic Drug Sweep conclusion: Initial phases of Project Synergy began in December 2012. This led to more than 227 arrests and 416 search warrants in 35 states.

For more informative blogs by Alabama Oustide Counsel click here.

Police Charge Two Suspects in Death of Retired Birmingham Firefighter. Hueytown police have charged two men with murder in connection to the death of a 66-year-old retired firefighter who was slain in his home on April 23rd.  Kamal Potts, 23, and Romell Cunningham, 28. Both facing one felony count of capital murder during a burglary. In addition, one felony count of capital murder during a robbery.

Potts, his girlfriend Shamara Sankey, and Cunningham, went to the home of Haward Arthur McKee at around 2:45 p.m. on April 23rd to carry out a burglary.  The robbers kicked down McKee’s front door and attempted to steal a television before McKee chased them from his home using a machete.  The suspects got into an escape vehicle and Cunningham fired several shots at McKee using a .38 caliber handgun.  One of the rounds struck McKee who collapsed and was later pronounced dead at around 3:08 p.m. that afternoon.

Investigators believe that this was a “random crime”. They do not think either suspect had any connection to McKee prior to the day of the shooting.

Potts was taken into custody on April 30th by Hueytown police and the Birmingham Police Department’s Crime Reduction Team.  Cunningham turned himself into authorities in Bessemer on May 2nd. However, after learning of an all-night search by United States Marshals to find him.  Both men are currently being held in the Jefferson County Jail without bond.

Court records show that Potts and Cunningham are both awaiting trial on separate 2013 charges of receiving stolen property.  Cunningham has also previously been convicted of obstruction of justice, carrying a pistol without a license, and cocaine possession.  

Police Charge Two Suspects in Death of Retired Birmingham Firefighter conclusion: He received a one-year suspended sentence in the drug possession case.

Two Men Charged in Birmingham Weekend Slaying. Police have announced charges against two men for their involvement in the murder of Clarence Harris, 37, who was shot and killed on Sunday morning.  Walter Rhone, 41, has been charged with murder and Tavaris Moore, 33, has been charged with hindering prosecution after Harris was found shot to death in the 5600 Block of Aster Avenue.

Officers responded to the scene on a call of a person being shot and arrived to find Harris on the ground suffering from a gunshot wound to the head.  Birmingham Fire and Rescue pronounced Harris dead a short time later. Detectives believe that the shooting stemmed from an altercation between the victims and both suspects.  Lieutenant Sean Edwards said the cause of the altercation has yet to be determined at this time.  The investigation of this case remains open.

Moore is being held at Jefferson County Jail with bond set at $30,000.  He has previously been convicted of drug distribution, escape, breaking and entering a vehicle, and receiving stolen property.

Two Men Charged in Birmingham Weekend Slaying Conclusion: Rhone is also in Jefferson County Jail with bond set at $300,000.  Court records show that he was charged with capital murder in 1998 but eventually pleaded guilty to manslaughter.  He was sentenced to eight years in prison.  Rhone has multiple other arrests including charges of assault, and attempted murder, which were dismissed.  He also had drug and gun convictions in 1992, 1994, and 2008.

For more informative blogs by Alabama Outside Counsel click here.

Wanted Texas Sex Offender Arrested in Muscle Shoals. Jason Keith Richardson is a convicted sex offender in Midland. He was arrested by United States Marshals in Colbert County last Monday afternoon.  Authorities say that Richardson was staying with a relative. He had possession of a .45 caliber handgun and a large amount of ammunition when he was taken into custody.  Richardson was convicted in Collin County, Texas, for aggravated sexual assault in 1987.  He was sentenced to 70 years in prison but was paroled in June of 2012. Richardson was set to go to trial earlier this month in Midland for failure to comply with sex offender registration requirements.

He violated his parole by cutting off an ankle tracking device and failing to appear for his scheduled court date. The Lone Star Fugitive Task Force was asked to assist in his apprehension. Richardson was arrested in Muscle Shoals, Alabama, after a brief investigation was conducted. Texas authorities say Richardson will be prosecuted in the Northern District of Alabama Federal Court for Failure to Register as a Sex Offender, and Possession of a Firearm by a Felon.  These charges carry the following punishments in Alabama:

  • The unlawful possession of a firearm or ammunition by a convicted felon is punishable by a maximum of 10 years imprisonment
  • Failing to register as a sex offender is a Class C Felony which is punishable by up to 15 years in prison and fines less than $15,000

Richardson, 52,  will then be taken back to Texas to face charges there.

If you or someone you know is facing gun charges, or has been accused of a sex crime, it is important that you contact an experienced criminal attorney to handle your case.  The attorneys of Boles Holmes White are experienced in a variety of legal matters. Therefore, have a history of success in the courtroom. Call to schedule a free consultation today.

Birmingham Woman Charged in Beauty Shop Murder. Bianca Holman, 25, has been charged with capital murder. In addition, robbery after police say she killed Chaya Anders on April 5th at a local beauty shop. Detectives have arrested Holman. She is currently being held without bond in the Jefferson County Jail for the capital murder warrant. She has also been charged with robbery in the case, which carries a $150,000 bond.

Anders, 63, of Pinson, was found dead inside Ebony Beauty Supply. In the 2900 block of 27th Street North around 10:40 a.m. on Saturday.  Members of the Birmingham Fire and Rescue Service identified a gunshot wound to the victim. Police believe she may have been killed the following evening during a robbery. Holman became a suspect in this case after witnesses reported someone matching her description was at the scene of the homicide.  She is also connected to a robbery that took place on Friday night at Jack’s Food Store on 29th Avenue North.

“This was an extremely heinous crime where there was no regard for the victim or this community. I appreciate the Detectives and the various enforcement units for their investigative intensity in this case. This was a casebook investigation where we went from absolutely nothing to an identified suspect in a matter of hours. Our criminal homicides have decreased significantly so far this year but we realize a single homicide is one too many for the affected family.  We can’t prevent every homicide but we have solved every case so far this year. The bottom line is if you commit a homicide in this city, we will never stop looking for you,” said Birmingham Police Chief A.C. Roper.

Anders is the ninth homicide victim in Birmingham thus far in 2014.

Birmingham Man Charged with Murder in April 2nd Shooting. Tavares Cortez Taylor, 27, has been charged with murder in connection to a deadly shooting took place earlier this week in the Norwood Bottoms community.  The warrant was announced by police on Thursday against Taylor who is now being held in the Jefferson County Jail on $200,000 bond.

Police were called to the scene on Tuesday after gunshots were heard around 2:00 p.m. in the 1700 block of 32nd Place North.  Officers arrived to find a 27-year-old man lying on the ground with multiple gunshot wounds. The victim was rushed to UAB hospital where he was pronounced dead later that afternoon.  The Jefferson County Coroner’s Office identified the man on Wednesday as James Butler Redmon.

Detectives believe the shooting resulted from a domestic dispute between the two men and that it also involved other family members.

Birmingham Man Charged with Murder in April 2nd Shooting conclusion:

Records show that Taylor is awaiting trial. For the following 2013 charges of criminal mischief, resisting arrest, obstructing government operations, and disorderly conduct.  He was also arrested in 2012 on a first-degree robbery charge but the case was eventually dismissed.

Redmon was Birmingham’s eight homicide victim this year.  Three of those slayings have been ruled justifiable.