Criminal Law

Have You Been Arrested?

If you have a case pending in Baldwin, Mobile or Washington County call The Monk Law Firm.  The initial consultation is free. The firm has represented clients in municipal courts in the cities of Bay Minette, Bayou La Batre, Chickasaw, Citronelle, Creola, Daphne, Dauphin Island, Elberta, Fairhope, Foley, Prichard, Robertsdale, Orange Beach, Saraland, Satsuma, Silverhill, Elberta, Summerdale, Spanish Fort, Mobile, Mount Vernon, and Gulf Shores just to name a few. Additionally, The Monk Law Firm has represented clients in District and Circuit Courts of Baldwin, Mobile and Washington County.

If you have been arrested, you should consult an attorney as soon as possible because a criminal conviction could cause you to lose your job, your driving privileges or even your freedom. The range of punishment for different crimes varies on whether the criminal charge is pending in state or municipal court. For example:

Municipal Misdemeanor                State Misdemeanor
Punishment:                                  Punishment:
     Up to $500 plus court costs                  Up to $6,000 plus court costs
     Up to 6 months in jail                              Up to a year in jail
     Not applicable to DUI's                          Not applicable to DUI's

DUI (Driving Under the Influence) Punishment:
      DUI 1st Conviction:
                                $600-$2,100 fine plus court costs
                                Up to a year in jail
      DUI 2nd Conviction:
                                $1,100-$5,100 fine plus court costs
                                Up to a year in jail but must serve a minimum 5 days or
                                complete 30 days community service
      DUI 3rd Conviction:
                                $2,100-$10,100 fine plus court costs
                                Up to a year in jail but must serve a minimum of 60 days
      DUI 4th Conviction:
                                $4,100-$10,100 fine plus court costs
                                Up to 10 years in jail
 

Driver's license Suspension or Revocation:
  • 6 months for certain drug related offenses like possession of marijuana, possession of cocaine or possession of a controlled substance.  
  • DUI Convictions: 90 day period for a DUI 1st conviction; 1 year for a DUI 2nd conviction; 3 years for DUI 3rd conviction; 5 years for a DUI 4th conviction   

WHY DO I NEED AN ATTORNEY?

Why do I need an attorney? It is shocking, but I hear both innocent and guilty people say the same thing all the time in court. Regardless if you are guilty or innocent, you need someone on your side fighting for your rights.

Innocent people believe that there is no way that they can be convicted and that the judge will dismiss the case.

  • Unfortunately, you are in court because you have been arrested and the prosecutor's job is to convict you.
  • An attorney will point out to the court the weaknesses in the prosecutor's case.
  • An attorney will fight to keep out evidence that might convict you, but cannot be used in court.

Guilty people believe that there is nothing they can do. 

  • Your attorney will ensure that the prosecution has sufficient evidence to arrest and convict you.
  • Your attorney will fight to keep out inadmissible evidence the prosecutor is trying to admit. .
  • If necessary, your attorney will negotiate the best plea bargain within the range of punishment for your DUI. Possible outcomes could include:
    1. A suspended sentence
    2. A charge reduction
    3. Good behavior
  • A suspended sentence is where your are sentenced to jail time, but as long as you do what you are supposed to do, you don't have to serve any time.
  • Charge reduction is where your charge is reduced to a lesser charge.
  • This can be beneficial if your original charge carries with it a suspension of your driver's license.
  • Good behavior is where you plead guilty but as long as you do what your supposed to do the charge is dismissed at the end of your probation. 

If you have been charged with a crime, you should contact The Monk Law Firm to protect your legal rights. At the Monk Law Firm, the firm understands that sometimes problems don't occur nine to five.  Consequently, the firm is available on a limited basis to take your calls on the weekend and after hours.  Please call the firm and leave a message and someone will call you back as soon as possible.