Mobile Criminal Defense Lawyer | Family Law | Estate Planning

Incoterms (International Commercial Terms)

Mon, 05 Aug 2024 22:12:00 GMT

Executive Summary

International trade is the backbone of the global economy, with millions of goods exchanged daily across borders. A critical component of this complex process is the set of predefined commercial terms known as Incoterms, which stand for International Commercial Terms. These terms are published by the International Chamber of Commerce (ICC) and provide a common framework to determine the responsibilities of buyers and sellers in international transactions. This white-paper explores the history, structure, and application of Incoterms, highlighting their significance in global trade.

Introduction

Recently, I was assisting an international company set up a plan whereby they could assist a timber grower on one continent sell and ship its timber to a buyer on another continent. As one of my staff members was reading my outline, he asked me “What is an Incoterm”. It was the end of the day, so I simply replied, “It just a term in the agreement dealing with shipping goods.” I felt bad for giving such an incomplete answer, so I decided to write this white-paper.

Incoterms are a set of internationally recognized rules that define the responsibilities of sellers and buyers for the delivery of goods under sales contracts. First introduced in 1936, Incoterms are designed to reduce uncertainties arising from different interpretations of rules in different countries. By providing a standard, they facilitate smoother international trade transactions and minimize legal disputes.

History and Evolution of Incoterms

The first Incoterms were published in 1936 by the International Chamber of Commerce to address the lack of uniformity in international trade practices. Over the years, the ICC has revised Incoterms periodically to reflect changes in trade practices and logistics. The latest version, Incoterms 2020, includes updates to address the evolving landscape of global trade.

Overview of Incoterms 2020

Incoterms 2020 consists of 11 terms, which are divided into two categories based on the mode of transport:

Categories of Incoterms

Multimodal Transport Terms

EXW (Ex Works) : The seller makes the goods available at their premises. The buyer is responsible for all costs and risks involved in transporting the goods to their destination.

FCA (Free Carrier) : The seller delivers the goods to a carrier or another person nominated by the buyer at the seller’s premises or another named place.

CPT (Carriage Paid To) : The seller pays for the carriage of the goods to the named place of destination. The risk passes to the buyer when the goods are handed over to the carrier.

CIP (Carriage and Insurance Paid To) : The seller pays for the carriage and insurance to the named place of destination. The risk passes to the buyer upon delivery to the carrier.

DAP (Delivered At Place) : The seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination.

DPU (Delivered at Place Unloaded) : The seller delivers and unloads the goods at the named place of destination.

DDP (Delivered Duty Paid) : The seller delivers the goods to the buyer, cleared for import and all applicable duties paid at the named place of destination.

Maritime Transport Terms

FAS (Free Alongside Ship) : The seller delivers when the goods are placed alongside the vessel at the named port of shipment.

FOB (Free On Board) : The seller delivers the goods on board the vessel nominated by the buyer at the named port of shipment.

CFR (Cost and Freight) : The seller pays for the cost and freight to bring the goods to the port of destination. The risk transfers to the buyer once the goods are loaded on board the vessel. CIF (Cost, Insurance, and Freight) : The seller pays for the cost, insurance, and freight to bring the goods to the port of destination. The risk transfers to the buyer once the goods are loaded on board the vessel.

The Role of Incoterms in Risk Management

Incoterms play a crucial role in risk management by clearly defining when the risk of loss or damage to the goods transfers from the seller to the buyer. This clarity helps in mitigating disputes and ensuring smoother transactions. For instance, under CIF terms, the seller’s responsibility includes obtaining insurance, thereby providing additional security to the buyer.

Legal Implications and Compliance

Compliance with Incoterms is essential for legal certainty in international trade. Incorrect use of Incoterms can lead to legal disputes, increased costs, and delays. Therefore, it is crucial for businesses to understand the legal implications of each term and ensure that their contracts clearly specify the chosen Incoterm.

Practical Applications and Case Studies

Case Study 1: Electronics Manufacturer

An electronics manufacturer in Japan sells goods to a retailer in Germany under CIF terms. The manufacturer covers the cost, insurance, and freight to the port of Hamburg. Once the goods are loaded on the vessel, the risk transfers to the retailer. This arrangement ensures that the retailer is protected against potential losses during sea transport.

Case Study 2: Agricultural Exporter

An agricultural exporter in Brazil sells coffee beans to a buyer in the United States under FOB terms. The exporter is responsible for loading the beans onto the vessel at the port of Santos. The buyer bears all costs and risks from that point onwards. This clear division of responsibilities helps in efficient risk management and cost allocation.

Future Trends in International Trade

As global trade continues to evolve, Incoterms are expected to adapt to new challenges and opportunities. Emerging technologies, such as blockchain and digital trade platforms, are likely to influence the future of Incoterms by enhancing transparency and efficiency in international transactions. Additionally, environmental considerations and sustainability practices may lead to the introduction of new terms or modifications to existing ones.

Conclusion

Incoterms are a fundamental aspect of international trade, providing a standardized framework that helps reduce uncertainty and facilitate smooth transactions. Understanding and correctly applying Incoterms can significantly enhance risk management, legal compliance, and overall efficiency in global trade operations. As the landscape of international commerce continues to evolve, staying informed about the latest developments in Incoterms will be crucial for businesses to remain competitive and successful.

Christopher Callaghan is an attorney practicing in both Domestic and International Business Law. If your business needs an attorney, please get in touch with Christopher Callaghan today at (251) 479-1477 to schedule your consultation.

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Navigating International Payments

Fri, 07 Jun 2024 19:28:00 GMT

By Attorney Chris Callaghan

Venturing into the global market can be exciting, but it comes with its challenges—especially when it comes to getting paid. Many international businesses prefer to be paid in full before shipping products overseas. While this eliminates the risk of non-payment, it can also mean losing sales to competitors with more flexible payment options. Let’s dive into the world of international payments and explore the best methods to keep your global customers happy and your cash flow steady.

Payment Methods: A Spectrum of Options

To thrive and outshine foreign competitors, you need to offer attractive sales terms backed by appropriate payment methods. The goal? Get paid in full and on time while minimizing risk and accommodating your buyer’s needs. Here are the five main methods of payment in international transactions, each with its own perks and pitfalls.

The Risk Game: Exporters vs. Importers

In international trade, the timing of payments can be a game of tug-of-war:

Exporters: For you, a sale is a gift until you see the money. You want to get paid as soon as possible, ideally before the goods leave your hands.

Importers: For them, any payment is like a donation until they get the goods. They want the goods first and prefer to delay payment until they’ve sold them and made some money.

1. Cash-in-Advance: The Secure Option

Cash-in-Advance means you get paid before you ship the goods. This eliminates credit risk but isn’t very attractive to buyers, as it affects their cash flow. Common options include wire transfers and credit cards, with escrow services becoming popular for smaller deals. However, insisting on this method might drive your buyers to competitors offering better terms.

2. Letters of Credit (LCs): Bank-Backed Security

Letters of Credit are one of the most secure methods available. An LC is a bank’s promise to pay you, the exporter, provided you meet the terms and conditions laid out in the LC. This method is excellent when you can’t get reliable credit information about the buyer but trust their bank. LCs also protect buyers since payment is only required once the goods are shipped as agreed.

3. Documentary Collections (D/Cs): Bank-Facilitated Transfers

In a Documentary Collection , your bank collects payment from the buyer’s bank in exchange for documents needed to obtain the goods. This method uses a draft requiring payment either on sight (document against payment) or on a specified date (document against acceptance). While cheaper than LCs, D/Cs offer no verification process and limited recourse if the buyer doesn’t pay, making them less secure.

4. Open Account: Buyer-Friendly Terms

An Open Account transaction means you ship the goods and deliver them before payment is due, typically in 30, 60, or 90 days. This method is great for buyers in terms of cash flow but risky for you. However, due to fierce competition, many buyers push for open account terms. You can mitigate non-payment risks by using trade finance techniques and export credit insurance.

5. Consignment: Payment Upon Sale

Consignment sales mean you get paid only after the foreign distributor sells the goods to the end customer. While this is risky, it can make you more competitive due to better product availability and faster delivery. Success in consignment depends on partnering with a trustworthy distributor and having insurance to cover goods in transit or with the distributor, reducing the risk of non- payment.

Conclusion

For both importers and exporters, choosing the right payment method is crucial to balancing risk and staying competitive. While cash-in-advance offers the most security for sellers, more flexible terms like letters of credit, documentary collections, open accounts, and consignment can attract more buyers and secure international sales. By understanding and strategically using these payment methods, you can navigate the global market with confidence and success.

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Creola Chemical Spill

Sat, 18 May 2024 14:48:00 GMT

According to www.al.com – Creola chemical spill sent 4 to hospital, officials say.

Monday’s chemical spill in Creola which prompted a shelter in place order and shut down a section of Highway 43 for most of the day also sent four people to the hospital, according to the Mobile County Emergency Management Agency.

You can learn more @ https://www.al.com/news/2024/05/creola-chemical-spill-sent-4-to-hospital-officials-say.html?outputType=amp.

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Hernandez & Associates wins American Cancer Society’s 2024 Chili Cook-Off

Mon, 18 Mar 2024 16:10:00 GMT

Our entire firm had such an amazing time at the 35th annual American Cancer Society’s Chili Cook-Off. And, we took home the prize for Best Overall Chili as well as 1st place for meat and bean chili too!

Thank you American Cancer Society for allowing us to support you while having a great time with our community.

We look forward to defending our title next year.

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Hernandez & Associates In The Community

Wed, 17 Jan 2024 22:35:00 GMT

The Hernandez and Associates Law firm sponsored a reading initiative at Dawes Intermediate School. We love our teachers and school systems and are excited when we have the opportunity to give back to our community.

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MAKING THE DECISION TO MEDIATE YOUR DIVORCE

Thu, 21 Jul 2022 11:25:00 GMT

Deciding which divorce process is best for you is a big decision to make once you have decided to divorce. Knowing how to decide between the different options, including mediation or traditional litigation, is beneficial information to have and may result in a decision to mediate your divorce.

BENEFITS OF DIVORCE MEDIATION

There are a variety of different benefits of divorce mediation with which to be familiar. One of the primary benefits of divorce mediation is that it can save the divorcing couple money. It can also save them time, which are two things you are likely to need during the divorce.

The divorce mediation process can also help minimize the stress associated with divorce. Stress and anxiety are not uncommon during the divorce and the mediation process can potentially reduce the amount of stress you experience during your divorce.

This is because divorce mediation focuses on the divorcing couple working together to resolve their concerns, which also gives them greater control over the outcome of their divorce.

Divorce mediation can help you resolve all the divorce concerns a litigated divorce can have, including property division, child support, spousal support and child custody. In addition, because it is more private than divorce litigation, it can be better for the couple and their children.

The divorce mediation process allows you to create solutions that are best for you and also provides a framework moving forward for you and your former spouse to resolve concerns that come up after the divorce. For that reason, you should understand how divorce mediation works and what it has to offer when deciding on a divorce process.

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DO I HAVE TO ANSWER ALL POLICE QUESTIONS?

Tue, 19 Jul 2022 11:10:00 GMT

When a crime is committed, Alabama law enforcement officials want as much information as possible, as quickly as possible. If you have been arrested, it is possible that police officers will start asking you questions right away. Many people are intimidated by law enforcement and feel as though they have to answer any question they are asked. However, even answering seemingly innocuous questions without your attorney present can be detrimental to your case.

THE FIFTH AMENDMENT PROTECTS AGAINST SELF-INCRIMINATION

Initially, the Fifth Amendment was intended to protect those accused of a crime from incriminating themselves in court. Following the U.S. Supreme Court case, Miranda v. Arizona, Fifth Amendment self-incrimination protections extend to persons in police custody. Law enforcement officers are now obligated to read you your Miranda rights before they can question you. An officer must state the following:

If the officer reads you your Miranda warnings and begins questioning you, it is often in your best interest to request an attorney and stay silent. The officer will then have to cease questioning.

If an officer fails to cease interrogation after you exercise your Fifth Amendment rights or fails to read you your rights in the first place, anything you say may not be admissible in court. A criminal law attorney can review your case and help prove that your Fifth Amendment rights were violated by law enforcement.

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PROPERTY DIVISION CAN BE MORE COMPLICATED FOR SAME-SEX COUPLES

Tue, 05 Jul 2022 14:46:00 GMT

Just as every marriage is unique, so too is every divorce. Although the basic legal issues tend to be common from one divorce to the next, the importance and complexity of those issues will vary with the circumstances. Nowhere is this more true than with same-sex couples and property division.

EQUITABLE DISTRIBUTION MOSTLY WORKS

Alabama follows the equitable distribution model of property division . This means that, at the outset of a divorce, the court will seek to classify the couple’s property as either separate or marital property. Separate property is that which is owned entirely by one spouse and will typically remain with that spouse following the divorce.

The marital property represents the bulk of the couple’s assets – everything acquired by both spouses throughout the marriage. It is subject to equitable distribution, meaning that the court will seek to divide it fairly between the parties. Sometimes this means an equal division, sometimes not.

EQUITABLE DISTRIBUTION CAN CREATE PROBLEMS FOR SAME-SEX COUPLES

One of the primary aspects of equitable distribution is that the classification of property is dependent upon the date of the couple’s marriage. This makes sense in the context of heterosexual marriages but may not work as well for same-sex couples. Since same-sex couples were not legally able to marry until 2015, they could have been effectively married long before the law was changed.

The result is that a court-ordered equitable distribution of their property, based upon the date of their marriage, may not accurately reflect the duration of their marriage in fact. To avoid this potential problem, same-sex couples may want to engage in a mediated divorce . This way, they control how their property is divided, so that the totality of their relationship is taken into account, rather than that recognized by recent law.

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PARENTS CAN PLAN FOR THEIR CHILDREN’S CARE THROUGH WILLS

Tue, 07 Jun 2022 11:19:00 GMT

The purpose of estate planning in Alabama is to plan for people’s deaths. While people can lose their lives at any point in time, it is generally something most younger people do not expect to happen for many years. Due to this fact, estate planning is not something younger people make a priority. Additionally, younger people may not have as many assets and determining how they are passed on is not a major concern.

While this may be true for young people without children, there is still a very important aspect of a will that young parents should consider. Parents can determine who they want to care for their minor children if they pass away. They do this by naming a guardian or guardians in their wills.

PARENTS CAN NAME GUARDIANS FOR THEIR CHILDREN

Guardians are appointed to minor children who do not have their parents any longer. Guardians have the authority and responsibility to provide the basics such as clothing, food and shelter. They also control the children’s assets and provide for their financial needs through those resources. They also have the authority to make medical decisions for the children and ensure they are properly cared for.

Parents would generally like to ensure that the people with the power and responsibility to care for their children are people they know and trust. Naming their wishes regarding the guardian in their will is a good way to ensure that happens.

There is more to estate planning in Alabama than simply stating who will receive people’s property when they pass away. Young parents can name guardians for their children which is oftentimes more important to them than who will receive their assets. It is important that the will is drafted properly though to ensure that parents’ wishes are followed after their death. Experienced attorneys understand the elements that create a valid will and can help ensure one is drafted correctly.

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CRITICAL FACTS ABOUT HOW ALIMONY IS EXPECTED TO WORK IN ALABAMA

Tue, 24 May 2022 11:27:00 GMT

Alabama couples who are in the middle class or are considered “high-asset” couples may face various financial concerns when they get a divorce. In these marriages, alimony is a frequent topic for acrimony. Often, one spouse was the primary breadwinner while the other earned less or was a stay-at-home partner. The key to alimony is to maintain the financial “status quo.” This is true from both perspectives and should be understood from the outset.

UNDERSTANDING REHABILITATIVE AND PERIODIC ALIMONY

Under state law , when awarding alimony, it will either be rehabilitative or periodic if the court finds that one party does not have a separate estate or does not have enough in the separate estate to maintain their lifestyle from the marriage; it finds that the other party can provide sufficient support to maintain that status quo and not face financial hardship because of it; and it would be a fair outcome.

Once these criteria are met, the court will determine if rehabilitative alimony is viable. Rehabilitative alimony is designed to give the receiving party time to acquire skills, education or training to support themselves. If it is, then this will be paid for a maximum of five years. If extraordinary circumstances are in place, then it can be extended. Maintaining the lifestyle can differ based on what it entailed. Of course, if the people were wealthy with a large home, vacation home, automobiles and lavish trips, then it will cost more to maintain than a marriage of lesser means.

When the receiving party cannot preserve it and the paying party does not have the means to pay rehabilitative alimony, the court will try its best to come to an equitable determination. Periodic alimony will be payments made in installments. For the determination of whether the paying party has sufficient means, the court will consider many factors such as their assets, their income, liabilities after marital property has been split, if there are children, who has custody and more.

BOTH PAYING AND RECEIVING SPOUSES SHOULD HAVE HELP WITH ALIMONY

The difficulty of divorce shows itself in many ways and the financial ramifications are among the most complicated and rife with disagreement. This can be especially problematic when trying to maintain the marital lifestyle through the awarding of alimony . There are many factors that will be assessed and both sides must have guidance with trying to reach a positive outcome from their viewpoint. Having experienced assistance can be essential to a case.

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IS DIVORCE GOING TO RUIN MY FUTURE?

Thu, 12 May 2022 11:29:00 GMT

Divorce is not only emotionally exhausting, but it can also be financially draining. The consequences of divorce may have a long-term effect on the financial health of both spouses regardless of income level, if they don’t plan out their exit strategy.

For divorcing couples in Alabama, it is often the lack of focus and attention to detail during the seismic shift in priorities that allows important money matters to slip through the cracks. One spouse may not realize their error until they get a notice from the IRS or realize that they no longer have access to the retirement benefits they thought they had.

Mobile residents can benefit from a careful and detailed legal assessment of their situation that will help preserve their financial security for the future.

HOW DO I REDUCE FINANCIAL RISK DURING DIVORCE?

Whether you are a business owner or employee, when it comes to accounting, it is essential to have an accurate overview of both household and individual income, assets and debt. A cool assessment of bank and savings accounts, annuities, real and personal property, stock interests and life insurance, as well as mortgages, loans and liabilities, is essential when determining how the court may split assets.

There are other considerations that people often don’t think about until too late, such as:

PROPERTY DIVISION IN ALABAMA

As Alabama is an equitable division state, the court will determine what it considers to be a fair, but not always equal, division of marital property. Marital assets are everything that the couple acquired during the marriage, including bank accounts, income, retirement plans, annuities and business interests, as well as the family home, investment property and vehicles. The couple will also split shared debt as well as assets.

While couples are in the midst of negotiations, they often cannot see the forest for the trees and may grow sentimental about the family home. Upkeep for a home using one income may prove to be a financial burden. Finally, the best way to keep a check on finances during the divorce is to try to keep things out of court as much as possible. Court costs and legal fees can burn through savings more quickly than many people realize.

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WHAT DO I DO WHEN I SEE POLICE LIGHTS BEHIND ME?

Tue, 26 Apr 2022 11:29:00 GMT

First, breathe. In nearly all traffic interactions with the police, the result is a warning or ticket, even if someone is, arguably, guilty of much more serious offenses. But, to ensure the best outcome, there are some best practices when one sees those cop lights.

FIND THE BEST WAY TO EXIT THE ROADWAY

The first interaction with the police officer, and one’s first time to make a good impression, is how one exits the roadway. Do it with one’s own safety in mind, but also the safety of the police officer. Well-lit areas with plenty of room are ideal, though, not always possible.

SHOW CARE FOR THE POLICE OFFICER

The next impression the police officer has is how one interacts inside the car as the officer approaches. After one pulls over, roll down the windows. Do not reach for anything, and everyone should keep their hands visible. Remember, the police officer has no idea what they are walking into, and they, generally, assume everyone is a threat until proven otherwise. Prove them otherwise.

THE INTERACTION SHOULD BE POLITE, BUT NOT EFFUSIVE

Once the police officer is at the window, they will ask for identification (driver’s license), car insurance and vehicle registration. The driver should identify it, and then, hand over those items to the police officer. Keep in mind that this is the only interaction one needs to have with the police officers, but there are some tips to keep in mind.

DO NOT LIE, BUT ALSO DO NOT INCRIMINATE ONESELF

While it may seem like a good idea to say that one is just coming back from church, volunteering or some other good act to ingratiate oneself with the officer, do not lie to the police officer. Lying can be used against one in any subsequent court proceeding, and it can also be the basis of a crime itself, especially when talking to a federal official. As such, if one chooses to interact with the police officer and answer questions, which they have no duty to do as we all have the right to remain silent, then use best judgement. If one just got out of the bar, this may not be the best time to speak with the police. If one really did just come from church, then silence could make one look guilty of something.

WHAT ABOUT BLOOD ALCOHOL TEST REQUESTS?

Alabama is an implied consent state , which mean that, simply by driving on public roads, drivers consent to taking BAC tests. If one outright refuses to take any test, then the driver’s license will be suspended for at least 90 days. If that is not doable, then another option is to request a blood test, or to ask to speak with an attorney.

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MAKING A FAVORABLE IMPRESSION IN COURT

Thu, 24 Mar 2022 11:29:00 GMT

If you are due to appear in court, you may be nervous. Once the day finally arrives, you may be having feelings that dictate your behavior . Those same emotions apply whether you are on trial yourself or testifying as a witness.

Many factors in court can affect how you are feeling and how you behave based on those emotions at that time. Taking that one step further, the way that you look (including how you dress, body language, etc.) will create a perception for other people who are with you in court. That perception may go a long way to determining whether you succeed in that situation.

NEGATIVE CONSEQUENCES

When it comes to the kind of impression you create in court, you should always keep in mind that you should behave respectfully to the court and to the people in the courtroom. This will be the driver for how you dress and how you behave. You will not want to bring any sort of negative attitude with you. You should appear polite and pleasant. If your behavior is in any way inappropriate and negative, you may find yourself held in contempt of court.

Undoubtedly, you do not want to find yourself locked up or having to pay a fine for something that you can easily control. It is entirely up to you whether you create a positive or a negative impression in court. The court is a place to be revered and, as an extension, everyone with whom you interact in court is deserving of the same reverence.

ADVICE FROM AN EXPERIENCED ATTORNEY

If you need to appear in court (for any one of several reasons), the advice of an experienced Alabama attorney may help you a great deal to understand exactly how you should present yourself to create a favorable impression. The attorney can advise you on how to dress and how to act so that your efforts in court are successful. They can also coach you on what to say and what not to say.

Having the support and advice of someone who has been in the situation that you are experiencing many time before may be invaluable. If you behave respectfully in court, you will hopefully be treated with respect in return.

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WHAT ARE THE BENEFITS OF THE DIVORCE MEDIATION PROCESS?

Tue, 25 Jan 2022 12:21:00 GMT

The divorce mediation process is a valuable process to consider in place of a litigated divorce. Divorce mediation can potentially help divorcing couples resolve their divorce concerns more peacefully.

THE POTENTIAL BENEFITS OF DIVORCE MEDIATION

The divorce mediation process can provide a variety of different benefits to divorcing couples including:

Divorce can be a difficult process which is why mediation is important to consider. It can help create a more smooth divorce process with a more positive outcome for the divorcing couple.

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CONSIDER THIS WHEN HEADING INTO YOUR HIGH-ASSET DIVORCE

Mon, 24 Jan 2022 12:21:00 GMT

There’s a lot to be worried about when it comes to divorce. Child custody disputes are common, but those who are subjected to a high-asset divorce are often concerned about what their financial standing will look like post-marriage dissolution. After all, divorce can be an enormous financial transaction.

While Alabama is an equitable distribution state, meaning that your marital estate will be divided in a fair, although not necessarily equal fashion, you’ll need to take steps to ensure that you’re getting a fair outcome from your property division process. How do you go about doing that, though? Let’s look at some of those steps now:

KNOW HOW TO NAVIGATE YOUR HIGH-ASSET DIVORCE

Your financial standing post-divorce depends a lot on how you handle the property division process. That’s why it’s imperative that you take a holistic approach to your divorce, building the legal arguments that you need to protect your position. To learn more about how you can address the matters discussed above, please consider reaching out to an attorney who you think will zealously advocate for you and your future.

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HOW IS ALIMONY DETERMINED DURING DIVORCE IN ALABAMA?

Tue, 18 Jan 2022 12:21:00 GMT

Alimony is a common divorce-related concern many divorcing couples will have to work out during their divorce. To help them do that, it is useful for divorcing couples to be familiar with how alimony is determined when a request for it has been made during divorce.

HOW ALIMONY IS DETERMINED

Alimony is a payment made by one former spouse to another following their divorce. Factors that are used in Alabama to determine alimony include:

Alimony is a significant request during most divorces because it is a payment a former spouse will be making to the other into the future following the divorce. The family law process can help divorcing couples sort it out which is why it is helpful for them to be familiar with the factors used to determine alimony.

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CONSIDERATIONS FOR PARENTAL RELOCATION

Mon, 20 Dec 2021 12:21:00 GMT

When parents are divorced and have a joint custody order in place, there are requirements they must follow if one or both need to relocate. A relocation may be necessary for several reasons, including for new job opportunities, better schools or to be closer to family and friends.

NOTIFICATION AND CONSIDERATIONS

The parent who wants to relocate must notify the other parent as soon as possible after deciding to move.

Because moving a child can be disruptive, the parent may want to consider how it may affect the child’s development, the financial impact of the move, how to facilitate the child’s ongoing relationship with the other parent and whether there are any alternatives to moving.

BEST INTEREST OF THE CHILD

The parent should never move the child without notifying and receiving consent from the other parent. If the other parent consents, it’s helpful to have a written consent agreement that can be presented to the court. If the other parent does not consent, there may be an opportunity for the parents to participate in mediation.

Also, the parent who wants to relocate will need to demonstrate to the court that the move is in the child’s best interest. The court may consider several factors to determine this, including the child’s health and safety, the existing relationships the child has with his or her school and community, family connections and if the child is old enough to decide, his or her opinion.

An experienced attorney can provide guidance and representation for relocation and related family law matters.

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THE CHALLENGES YOUR CHILD FACES RETURNING TO IN-PERSON SCHOOLING

Fri, 19 Nov 2021 12:21:00 GMT

The pandemic has changed our lives more than a lot of people realize. Parents, though, know all too well how more than a year of isolation has affected their children. Although the time spent at home may have improved family communication and led to more quality time, now that most schools have returned to full-time in-person education, parents are seeing a number of educational issues.

THE STRUGGLES OF CHILDREN RETURNING TO FULL-TIME IN-PERSON INSTRUCTION

There’s little doubt amongst experts that many children have been traumatized by the pandemic. Many of their families have faced financial hardships, and the isolation came at critical junctures in these children’s emotional and social development. Therefore, children can struggle to acclimate to new surroundings with people that they may not have seen for a significant period of time, worrying about whether their friends will like them, their teachers will be disappointed in where they’re at academically, and whether they will get sick. In fact, many experts expect children to be anxiety-ridden as they acclimate to full-time in-person instruction. This, in turn, can lead to detrimental educational outcomes.

To help alleviate any mental strain on your child, you may want to ensure that your child has a mental health provider who can help them adjust. Your child’s school should have mental health resources available to assist. Providing consistent routine can go a long way to providing stability, too, as can obtaining parenting training and support. Hopefully, these measures will decrease the impact of these changes on your child and ensure that he or she has the support needed to succeed in school.

THE EFFECTS OF LEARNING LOSS

Another very real issue facing children who are returning to full-time in-person instruction is learning loss . During periods of remote learning, many children suffered from learning loss due to an inability to easily interact with teachers and students. Comprehension was difficult to gauge, and as a result many children fell behind. This means that as your child returns to the classroom, he or she may face some real challenges in keeping up.

To support your child as he or she tries to get caught up, consider whether tutoring may be necessary. If that’s not an option, then you might want to be prepared to work with your child on an individual basis to help him or her work through challenging topics. Remember, the earlier that you seek help for your child the better he or she will be positioned for educational success.

WHERE TO SEEK HELP

If you have concerns for your child’s educational wellbeing as he or she returns to full-time in-person instruction, you might have several places where you can turn for help. Your best first step is seeking assistance from your child’s school, as it will have a strong understanding of the mental health, social, and educational challenges that your child may be facing. You can also speak with your child’s pediatrician. He or she may be able to make recommendations when it comes to treating your child’s mental health and supporting his or her emotional needs. From there, you can look to telehealth resources, which provides a lot of convenience.

HOW YOUR LEGAL SITUATION CAN IMPOSE ADDITIONAL CHALLENGES

On top of all of that, your child may face struggles if you’re dealing with family law issues such as those pertaining to visitation and shared custody arrangements, particularly given that these situations lend themselves to inconsistencies in routine and discipline. Fortunately, these matters can be addressed by your attorney. What we hope you keep in mind is that regardless of your specific situation, now is the time to act to protect your child’s best interests, and that action should be custom-tailored to suit your child’s needs.

The post THE CHALLENGES YOUR CHILD FACES RETURNING TO IN-PERSON SCHOOLING appeared first on Mobile Criminal Defense Lawyer | Family Law | Estate Planning .

DRUNK DRIVING ARREST ESCALATES INTO FIRST DEGREE ASSAULT CHARGE

Fri, 19 Nov 2021 12:21:00 GMT

An arrest for alleged drunk driving can bring down an alarming set of criminal charges on the defendant. One of the unhappiest consequences of being arrested for drunk driving is the speed with which the drunk driving charges can escalate into more serious accusations. A recent arrest for drunk driving that occurred on Airport Boulevard shows how quickly a drunk driving charge can turn in to a serious charge for assault.

THE INCIDENT

The defendant in this case was traveling westbound on Airport Boulevard at about 3:30 a.m. when her vehicle veered into a construction zone occupied by workers and construction equipment. Officers responded to the area after receiving reports of a vehicle a person having been struck by a vehicle. When police arrived, they discovered the defendant’s vehicle in the construction zone. The car had apparently struck a paving machine with flashing lights in the construction zone.

Further investigation revealed that the vehicle had also hit a construction worker. The worker was taken to a nearby hospital for treatment of his injuries that were apparently non-life threatening. The driver of the wayward vehicle was also taken to a hospital for treatment of minor injuries. While being treated, the woman was discovered to have been impaired at the time of the accident.

She was transported to Mobile County Metro Jail and charged with first-degree assault and driving under the influence of alcohol.

WHAT COULD HAPPEN?

If convicted, the defendant will face a severe sentence, including a significant period of incarceration, a fine, and a severe restriction on her driving privileges. Anyone facing similar charges may wish to consult an experienced DWI defense attorney for an analysis of the evidence, a review of the charges, and, if appropriate, assistance in negotiating a satisfactory plea agreement.

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ARE YOU BEING SUBJECTED TO PARENTAL ALIENATION?

Wed, 17 Nov 2021 12:21:00 GMT

Child custody and visitation disputes can quickly become heated. In a lot of these cases, each parent thinks that he or she knows what’s best for their child, and they’ll do anything to ensure that their parenting method is adhered to. Although many of these disputes are amicably resolved without the need for extensive court intervention, in other instances the problem becomes so severe as to be abusive to the child. This is oftentimes the case with parental alienation.

WHAT IS PARENTAL ALIENATION?

Parental alienation is a method of manipulation aimed at ruining the relationship between a child and his or her other parent. It can be a long, drawn-out campaign of denigration against the other parent that completely warps the child’s perceptions. In many instances, the alienating parent then uses the child’s reactions to the other parent as a justification to seek a child custody modification that further restricts that other parent’s access to the child.

HOW DOES PARENTAL ALIENATION OCCUR?

Alienation can take many forms. In minor cases, an alienating parent simply reinforces a false perception that the other parent doesn’t love or care about the child. Here, the alienating parent might tell the child that the other parent doesn’t love him or her or that the other parent doesn’t want to spend time with the child, even when this is blatantly false.

But parental alienation can be much more severe than that. In some cases, manipulating parents position parenting time with the other parent in a way that ensures that other parent either has to give up his or her parenting time so that the child can have fun, or take the child away from the fun activity for visitation purposes, which just upsets the child. Both of these scenarios can be extensively damaging for the relationship with the child.

Worse still are the cases where manipulated children are led to believe that they’ve been physically or emotionally abused by the other parent. Young children can be especially susceptible to this tactic, and it can be hard to rebuild a relationship once this damage has been caused.

WHAT CAN YOU DO ABOUT PARENTAL ALIENATION?

If you’re being alienated from your child, then you might feel hopeless. But there are steps that you can take to protect your child and your relationship with him or her. To start, be on the lookout for signs of alienation , such as unrelenting and unjustifiable criticism of you along with unwavering support for the alienating parent. Language that seems borrowed from an adult can also be a telltale sign of manipulation.

Once you’ve observed signs of manipulation, you’ll want to ask pointed questions of both your child and your child’s other parent to try to figure out what’s going on. You may also want to consider speaking with other witnesses, such as neighbors, friends, and teachers, as well as seeking assistance from a mental health professional for your child. A child custody evaluation may also prove beneficial.

DON’T LET PARENTAL ALIENATION RUIN YOUR RELATIONSHIP WITH YOUR CHILD

Parental alienation can be devastating to your relationship with your child. But you don’t have to let it. Instead, you can be proactive in building the legal arguments that you need to take the matter to court and successfully argue that parental alienation is harming your child. This could lead to a child custody modification in your favor which, in turn, could better protect your child.

We know that these are difficult issues to tackle, which is why competent law firms like ours stand ready to assist.

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SEMMES MAN SENTENCED TO 10 YEARS IN ALLEGED METH CONSPIRACY

Tue, 02 Nov 2021 12:21:00 GMT

The consequences of an arrest and conviction for a drug crime may not be the focus of attention during the commission of the crime. However, when the defendant faces the court for sentencing after a conviction, the terms of punishment become extremely clear. The recent sentencing of a man who resided in Semmes demonstrates how the abstract concept of a criminal sentence can become very real for the defendant.

THE ARREST

Mobile police obtained a warrant to search the suspect’s home on Thomas Avenue in Prichard. When police arrived to execute the warrant, they said the suspect fled from the house and tossed a backpack into an ash can. When police recovered and searched the backpack, they said they found more than a kilogram of cocaine, some of which had been divided into smaller packets to facilitate distribution. Police said the man also possessed $4,000 in his wallet when he was arrested.

THE CHARGES

The suspect was charged with several federal drug charges, including conspiracy to possess cocaine with intent to distribute the illegal drug. A further search of the man’s house disclosed $87,000 in cash. The suspect pled guilty to the conspiracy charge in June 2021.

THE SENTENCE

The federal judge who presided over the case imposed a sentence of 97 months in prison. Upon completion of this sentence, the defendant will be required to serve five years of supervised release. As conditions of the reduced sentence and supervised release, the defendant will be required to undergo treatment and testing for drug abuse, and he will be subject to search by law enforcement officers upon reasonable belief that the man possesses or is using cocaine.

APPEALS

For those who have been convicted of crimes, state and federal courts may provide opportunities to appeal their conviction. However, the appeal process is different in many ways from criminal trials and requires the help of experienced attorneys.

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MOBILE’S CURRENT HOMICIDE RATE ALMOST EXCEEDS 2020

Wed, 13 Oct 2021 12:21:00 GMT

If one has turned on the news lately, locals have probably heard that we are on pace to exceed the homicide rate from last year. Indeed, Mobile’s Interim Police Chief has given interviews on the very subject.

THE NUMBERS

According to the Mobile Police Department , Mobile County had 46 homicides in all of 2020, but at this point, we are already at 43 homicides. The interim police chief has said that what separates this year from lost is that over half of these fatalities this year have been perpetrated by and against those aged between 15 and 25. And, of these homicides, 38 involved a gun.

ASKING PARENTS TO HELP

Since the crime wave seems to be centered on young adults, he says the solution to this year’s homicide problem is parenting, not the police. He has said it is “going to take a village” to get the crime rate to decline, and he wants parents to be more vigilant with their children. He wants them to monitor their children’s location, possessions, actions and friendships. He wants parents to be involved in their children’s lives, and if parents have guns, they need to be locked up .

CRIMINAL LAW

For Mobile, Alabama, residents, this may come as good news because it appears that this interim police chief is not taking a tough on crime approach that usually leads to over policing and unjustified incarcerations. Though, residents should still be vigilant because higher crime rates usually mean an increase in policing.

WHAT IF ONE IS ARRESTED?

Remember, we all have the right to remain silent and to ask for an attorney. Of course, comply with lawful orders and hand over identification. But, other than that, no one has to help an investigation.

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DO YOU KNOW HOW DEBT WILL BE HANDLED DURING YOUR DIVORCE?

Tue, 21 Sep 2021 12:21:00 GMT

There are a lot of aspects to a divorce. You’ll need to deal with property division, child custody, child support, and alimony, any of which can have a tremendous impact on your future. While you certainly need to take a holistic approach to these matters, you also can’t overlook the importance of how marital debts are divided during the course of your marriage dissolution.

HOW MARITAL DEBTS ARE DIVIDED

Our state recognizes equitable division, meaning that the marital estate is divided in a fair, although not necessarily equal, fashion. This type of division applies to marital debts, too. Therefore, your first step in assessing debt is to consider whether it is individually owned or if it is marital in nature. Generally speaking, each spouse is responsible for any debt incurred during the course of the marriage, even if it was taken out by the other spouse.

However, some debt may be deemed individually owned and therefore not subject to division during the divorce process. This typically includes debt that was incurred prior to the marriage, and it might also include debt that was incurred during marriage but after the couple started living apart. Just keep in mind that in some circumstances spouses use marital assets to pay down their individually owned debt. This can give rise to arguments for reimbursement.

DON’T BE TAKEN ADVANTAGE OF DURING YOUR DIVORCE

The outcome of your divorce can have a tremendous impact on your future. That’s why you need to be prepared and have a firm understanding of how the law applies to your set of circumstances. If you don’t take the steps necessary to fully prepare yourself, then you could end up at a financial disadvantage.

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WHY FIGHTING FOR AN APPEAL IS WORTH IT

Tue, 21 Sep 2021 12:21:00 GMT

There are a variety of benefits of appealing a negative outcome in court. For that reason, litigants who wish to appeal should be familiar with what that process looks like and the potential benefits of appealing an unfavorable decision.

NOT A NEW TRIAL

I t is important to understand what an appeal is. An appeal is not a new trial and new evidence will not be presented. During the appeals process, mistakes or legal errors that occurred during the trial process may be presented. This could be in the context of a criminal appeal or appealing an unfavorable outcome in family law or divorce court. Because a lot can ride on a criminal trial or divorce trial, it may be worth it to consider appealing an unfavorable decision.

HOW TO APPEAL

Once the decision to appeal has been carefully considered and made, a notice of an appeal must be made. In addition, there are important timelines associated with appeals to be familiar with. Each side then prepares a brief which will include arguments supporting, or opposing, the appeal for the appellate court to consider. The appellant will focus on the court record, court procedures, motions that were made at trial, orders, jury instructions, and case law as a basis for arguing that some error at trial was committed.

The appeals process does not address facts as they were decided at trial. An appellate brief may question evidence admitted at trial, flaws in arguments made at trial, procedural errors, jury selection or jury instruction errors as well as the decision or verdict itself.

When mistakes may have been made during the trial phase, it may be worth it to be familiar with the appeals process and what an appeal may be able to accomplish for the appellant. Litigants impacted by an unfavorable court decision or verdict should be familiar with their appeals rights and what an appeal might be able to do for them and their situation. In other words, if you have lost in court, you may have another chance.

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CAN YOU SUPPRESS THE PROSECUTION’S EVIDENCE IN YOUR CASE?

Wed, 15 Sep 2021 12:50:00 GMT

Prosecutors oftentimes don’t bring criminal charges unless they’re confident that they have a good chance of obtaining a conviction. That can be intimidating for those who have been accused of a criminal offense. After all, in many instances it may seem like the evidence is stacked against the defendant, leaving him or her with no way out. This means that the accused individual could be subjected to significant penalties, including prison time, fines, a lingering criminal record, and damage to his or her reputation.

You shouldn’t fold under the weight of the prosecution’s evidence if you’re facing criminal charges. Instead, you need to carefully assess the situation to see if there’s a way for you to take control of the case and poke holes in the prosecution’s arguments.

SUPPRESSING EVIDENCE

One of the best ways to attack the prosecution’s case is to try to suppress the evidence that it intends to use against you. Suppression simply means that you successfully argue that the evidence in question is unreliable or illegally obtained and the court therefore orders that the evidence can’t be used against you.

Suppression can occur in a number of ways. Here are just some of them:

Keep in mind that these are just some of the options at your disposal when it comes to trying to suppress evidence. You might be able to make other arguments that are more fitting to your situation, so be sure to consult with your attorney on those.

DON’T LET OVERLY AGGRESSIVE PROSECUTORS CONTROL YOUR FUTURE

A lot of individuals who have been accused of a crime are so overwhelmed by the prosecution’s evidence that they submit to a plea agreement. While this isn’t always a bad thing, you should hesitate before taking any sort of action that puts your future in jeopardy. Instead, you need to carefully look at the facts of your case and consider whether you have strong criminal defense options at your disposal that you can exploit to protect your future.

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CAN YOU ARGUE SELF-DEFENSE IN YOUR VIOLENT CRIME CASE?

Mon, 17 May 2021 12:50:00 GMT

It doesn’t take much for a verbal dispute to turn physical. When this happens, you might find yourself on the receiving end of criminal charges. The severity of those charges can run the spectrum, too. Assault, battery, and even murder are all very real possibilities. If you or a loved one is facing these kinds of accusations, then it’s imperative that you know what criminal defense options are available and which ones are best suited to the facts at hand. This week, let’s take a look at Alabama’s self-defense law and how you might be able to use it in your case.

THE LAW ON SELF-DEFENSE

Alabama is known as a “stand your ground” state, which means that you don’t have a duty to try to flee a dangerous situation before taking matters into your own hands to defend yourself. Under the law, you are justified in using force to defend yourself or someone else if:

When it comes to deadly force, you might be able to raise a presumption of justification if you can show certain elements. Amongst them are that the other person was using or about to use deadly force, the force occurred during a burglary, or the use of deadly force is necessary to stop one of a number of serious crimes such as kidnapping or rape. Deadly force can also be deemed justifiable in the context of a robbery of a business.

Note that this is just a general look at when self-defense is justifiable under the law, but doesn’t provide the in-depth analysis that your case may need. Therefore, don’t construe this as legal advice, but instead as a starting point for you to explore this criminal defense option in your or your loved one’s case.

THE LIMITATIONS OF A SELF-DEFENSE ARGUMENT

Although arguing self-defense in your case can be a powerful move, it has its limitations. To start, you can’t avail yourself of this defense if it’s shown that you were the initial aggressor or that you provoked the illegal force that the other individual exhibited. Therefore, words and action preceding the violence matter. Be sure to address these issues head-on and provide that context that is necessary to show a judge and jury the full scope of the situation.

Another issue that is often seen with self-defense claims stems from the “reasonableness” requirement. Deciding whether your split second decision in the heat of the moment was reasonable can be a tricky thing to prove. That’s why details matter. When presenting a self-defense case, you have to comb through the facts and use them to paint a picture for the judge and jury. If you can portray the fear that you felt in the moment, then you can increase your chances of a convincing the judge or jury that you acted in a reasonable fashion.

AGGRESSIVELY PROTECT YOUR INTERESTS

With so much at stake, you owe it to yourself and your family to aggressively defend yourself. Self-defense might be just one criminal defense option available to you, but it can be a powerful one. But putting forth these defenses is often much more challenging than it seems. That’s why it might be in your best interests to work closely with an experienced criminal defense attorney who can help you develop the legal strategy you need to increase your chances of beating your charges and reclaiming your life.

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A CONVICTION MAY ALTER YOUR LIFE FOREVER

Sat, 01 May 2021 12:50:00 GMT

If you’re convicted of a crime in the state of Alabama, it can have a negative impact on the rest of your life. In addition to any jail time that you might have to serve, a conviction may make it harder to find a job, obtain an apartment or get an education. The presence of a criminal record can also have a negative impact on your mental health and social life.

THE FINANCIAL CONSEQUENCES OF A CRIMINAL RECORD

Depending on the facts of your case, it may be necessary to pay restitution to your victims as part of your sentence. This may be in addition to legal fees, court costs and other payments that a judge orders you to make. If you were granted the ability to make bail after being taken into custody, you may forfeit that money if you’re found guilty in your matter. Your criminal defense attorney may provide more insight into the potential financial impact of going through the legal process.

IT CAN BE DIFFICULT TO REBUILD AFTER REGAINING YOUR FREEDOM

In some parts of the country, landlords are allowed to deny convicted criminals the right to live in their rental properties. Furthermore, you may be restricted from living in close proximity to schools, playgrounds or other areas where children may gather. It’s also not uncommon for employers to bypass applicants who have a criminal record in favor of those who don’t have a history of breaking the law.

THE SOCIAL CONSEQUENCES OF A CONVICTION

It’s not uncommon for those who have been found guilty of a crime to have difficulty engaging with others after being released from prison. They may also struggle with depression, anxiety and other mental health issues as a result of social stigma that typically comes with having a criminal history.

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YOUNG BOY INJURED IN MOBILE SHOOTING

Tue, 09 Mar 2021 12:50:00 GMT

A Mobile man fired 14-shots into a vehicle critically wounding a 5-year-old boy. According to law enforcement, the incident took place on Farnell Drive late Saturday afternoon. Four people were in the car but only the young boy was hit. The suspect, Reginald Pryor, has been arrested. He has been charged with four counts of attempted murder and two counts of shooting into an occupied vehicle.

ENSURE YOUR RIGHTS ARE PROTECTED

Being charged with a serious crime is a terrifying experience. A litany of terrifying questions may cross your mind, such as will I have to spend time in prison? And will my life ever be the same?

The criminal trial process can be grueling. The situation is made more difficult if law enforcement seems disinterested in hearing your side of the story. Furthermore, the prosecution may treat you as guilty from the moment your arrested.

When the circumstances are this dire, it’s critical to have the right criminal defense attorney by your side from the arraignment through trial.

An attorney can launch a thorough investigation to uncover the truth. They understand what the prosecution needs to prove their case and know the facts and evidence that can sway the jury. They can launch a thorough investigation to ensure your side of the story gets told.

But a criminal defense lawyer is more than just a legal expert. They serve as counsel during a difficult and challenging moment, providing candid advice and a sympathetic voice in a time of great need.

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WHAT ARE THE BASICS OF THE CRIMINAL CASE PROCESS?

Mon, 15 Feb 2021 13:17:00 GMT

Being arrested and charged with a crime is a serious matter. Each year thousands of Alabama residents go through this experience. The variety of criminal charges a person could face is seemingly endless, from property crimes to violent crimes, drug crimes to driving-related offenses – with misdemeanors and felonies throughout the categories.

For someone who is going through this experience for the first time, there are usually more questions than answers. So, what are the basics of the criminal case process ?

CRIMINAL CASE PROCEDURE

For starters, most criminal cases obviously start with the arrest. Having handcuffs slapped on can be frightening, but our readers should remember that an arrest is not the same as a conviction. In fact, each year in America thousands of criminal cases that started with the frightening experience of an arrest end with the case ultimately being dismissed. That may not happen in your case, but you can still hope for the best at first.

After the arrest, arrestees will be informed of the exact charges in the case. Arrestees have the right to have legal counsel, and the prosecution must turn over all evidence gathered in the case. From there, criminal defendants will need to consider their options moving forward. Could a motion to suppress evidence in the case be a possibility based on constitutional violations? Should you explore a plea agreement? Is taking the case to trial the best option? These questions, among many others, will need to be considered in full.

However, if the case moves to trial, what seems like a complicated event can actually be broken down into simple phases: the jury members – if it is a jury trial – are selected; each side can make an opening statement; evidence is presented, usually through witness testimony; closing arguments are made; and then the jury deliberates to return a verdict. Each criminal case is unique, so the path forward for any given person can vary.

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UNDERSTANDING THE ALABAMA APPEALS PROCESS

Tue, 02 Feb 2021 13:18:00 GMT

The appeals process is one of the most important components of the U.S. justice system. It is purposed to address problems with original verdicts with respect to the improper substantive application of the law and potential procedural errors made by the court. Appeals are handled in a similar fashion to an original jurisdictional case, but generally no new evidence can be presented in an appeal. All additional evidence must be a clarification of a previously established fact or concern from the original ruling. Each state such as Alabama has the authority to structure the process in a manner that helps the court reach the proper decision while still providing the basics of due process for all appellants.

THE APPEALS STEPS

The steps in a verdict appeal is the same for both criminal and civil cases. However, there are two divisions that handle the cases separately in Alabama. While the procedures are very similar, the dynamics of an appeals verdict are often much different. The state appellate court must be notified within 45 days following the original ruling of intent to appeal by submitting an official notice. The next step is filing the record on appeal, and then briefs are submitted from each party explaining their position regarding the lower court decision.

HEARINGS

One area where an appeals court differs from an original court of jurisdiction is argument presentation. All evidence can be laid out by both parties in a district or circuit court matter, but appeals hearings deal specifically with previously established elements of a case. There are instances where new evidence can be presented regarding certain material case facts, but they are rare. Conflict or interest is a typical example of when this may apply. Hearings are also not necessarily a requirement, but either party, as well as the appeals court, can request an open hearing to review the issues addressed in the appeals record.

It is not uncommon for appellants in Alabama to retain a different legal representative in an appeals case . The restrictive nature of the procedure means that appellants often fare much better with an attorney who focuses a significant portion of their practice handling appeals cases specifically, and an experienced attorney can often have an impact on a verdict reversal.

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THE APPEALS PROCESS IN ALABAMA

Fri, 04 Sep 2020 13:18:00 GMT

Going to trial on a civil or criminal matter can be exhausting, time-consuming, and stressful for a Mobile resident. They may spend months of their life litigating or defending themselves on claims that they may or may not support. The outcome of their trial can be difficult, too, if they are not successful.

When a trial does not end to an individual’s liking or needs, they can choose to appeal the decision. Alabama appellate courts hear appeals and have the power to send decisions back to trial courts based on their findings. This post will briefly discuss the appellate process in Alabama, but as with all posts on this legal blog, not part of this post’s contents should be read as legal advice.

WHAT IS AN APPEAL AND WHAT DOES IT ACCOMPLISH?

An appeal is a review of a decision at the trial court level. Trial courts are the courts of first hearing in Alabama and jurisdictions throughout the United States. It is in trial courts that evidence, arguments, and defenses are presented.

If a party to a trial court adjudication is unhappy with the outcome, they may elect to appeal the case to the appellate level . There are certain things that appeals courts can and cannot do when a case arrives from the trial level. Individuals who wish to appeal their cases may need to secure legal representatives who handle appeals.

WHAT HAPPENS ON APPEAL?

An appeal is not a new trial. The appeals court will not rehear all the evidence presented at the trial level, nor new evidence that the parties have discovered in the time between hearings. An appellate court will look at how the trial court handled the procedural and decision-making tasks of resolving the case. There are no juries at the appellate level, and parties cannot provide new witnesses or evidence to support their positions.

If an appellate court finds that a trial court made a mistake during its adjudication, it may return the matter back to the lower court for review. Trial courts can change their orders based on appeals, or may order different courses of action to resolve the parties’ legal differences. When preparing for an appeal, it is important that a party understands the differences between trial and appellate matters.

WHY DO PARTIES CHOOSE TO APPEAL THEIR TRIAL OUTCOMES?

There are many reasons that individuals want to appeal their trial orders. They may not believe that their courts got the decisions right, or they may feel as though errors were made during the adjudicatory processes of their trials. The appeals process exists to right wrongs made at the trial level, and the decision to seek an appeal is a reasonable one for many trial level parties.

Before initiating an appeal, it can be helpful to an individual to talk to an appellate attorney . Appellate practice does differ from trial practice. Strong representation can help a person have confidence in the management of their legal situation.

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