Attorney in Baldwin County, AL

Call 251.308.4200
Lindsay Demers. Attorney in Foley Alabama.
Call 251.308.4200

Foley, AL Criminal Defense Attorney

Lindsay Demers. Attorney in Foley Alabama.

FREQUENTLY ASKED QUESTIONS

For a first-time DUI conviction, you can face up to one year in jail, a fine of $600 to $2,100, a 90-day driver’s license suspension, and mandatory DUI school. The penalties can be more severe if there are aggravating factors, such as a high blood alcohol content or an accident causing injury.

Yes, in some cases, it is possible to negotiate with the prosecutor to have a felony charge reduced to a misdemeanor. This is often the result of a thorough investigation by your defense attorney that uncovers weaknesses in the prosecution’s case.

Alabama law allows for the expungement (clearing) of certain criminal records if the charges were dismissed, you were acquitted, or you successfully completed a diversion program. An attorney can help you determine if you are eligible and guide you through the complex petition process.

Jails are typically run by local counties and house individuals serving sentences for misdemeanors (usually less than one year) or those awaiting trial. Prisons are state-run facilities for individuals convicted of felonies and serving sentences of more than one year.

The cost of a criminal defense attorney varies depending on the complexity of the case, the seriousness of the charges, and whether the case goes to trial. We offer a free initial consultation to discuss your case and provide a clear explanation of our fee structure.

Not necessarily. The vast majority of criminal cases are resolved through plea negotiations without ever going to trial. Our primary goal is to achieve the best possible outcome for you, and if that can be done without a trial, we will pursue that path. However, we are always prepared to take your case to trial if that is the best strategy.
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It’s important to note that the answers to these questions can vary depending on the specific circumstances of each case, so it’s always best to consult with a qualified criminal defense attorney for personalized legal advice.

Defending the Rights of the Accused in Baldwin County

As a staunch advocate for justice, the Law Office of Lindsay Demers is committed to defending the rights of individuals facing criminal charges. Whether you are dealing with a misdemeanor offense or a serious felony allegation, the outcome of your case will have a profound impact on your future. We approach each case with rigor and determination, understanding that an arrest is not a conviction. We will fight tirelessly to protect your rights, your reputation, and your freedom.

We understand the fear and anxiety that come with a criminal accusation. The legal system can feel overwhelming, but you do not have to face it alone. We are here to be your steadfast defenders and your unwavering voice. We provide aggressive, knowledgeable, and compassionate criminal defense representation to clients in Foley, Gulf Shores, and throughout Baldwin County. Our mission is to ensure your side of the story is heard and that your constitutional rights are upheld at every turn.

Having legal help when facing a criminal charge is crucial because the stakes are incredibly high—your freedom, reputation, and future are all on the line. Criminal law is complex, with procedures, rules, and technicalities that can be overwhelming without guidance.

Understanding Your Rights: What to Do If You Are Arrested in Alabama

What you do and say in the minutes and hours following a police encounter can have a profound impact on the outcome of your case. It is essential to act calmly and strategically to protect yourself. If you are stopped or arrested in Alabama, remember these fundamental rights:

  • The Right to Remain Silent: You have the absolute right to remain silent. Police officers are trained to ask questions that may elicit incriminating responses. You are not required to answer questions about where you are going, where you have been, or whether you have been drinking. You should politely provide your name and identification if asked, but beyond that, you can and should state clearly: “Officer, I am exercising my right to remain silent, and I would like to speak with an attorney.”
  • The Right to an Attorney: This is your most important right. Once you have requested an attorney, the police must stop questioning you. Do not wait to be formally arrested or taken to the station. The moment you feel you are being investigated for a crime, you should ask for your lawyer. Do not answer any further questions until your legal counsel is present.
  • Navigating Police Encounters: Always be polite and cooperative with law enforcement, but do not consent to searches of your person, vehicle, or home. If an officer asks for permission to search, you have the right to say no. State clearly, “Officer, I do not consent to a search.” If they have a warrant or probable cause, they may search anyway, but your lack of consent is an important factor that your attorney can use later.
  • Search and Seizure Rules: The Fourth Amendment protects you from unreasonable searches and seizures. This means that law enforcement generally cannot search your property without a warrant. There are exceptions to this rule, but any evidence obtained through an illegal search may be suppressed, meaning the prosecution cannot use it against you. An experienced attorney will meticulously review the details of your case to identify any violations of your constitutional rights.
 

Our Criminal Defense Practice Areas: A Comprehensive Approach

We provide skilled legal defense across a wide range of criminal charges in Alabama. We understand that each case is unique and requires a tailored strategy built on a thorough investigation of the facts.

DUI Defense in Baldwin County

Alabama has some of the strictest DUI laws in the country. A conviction can lead to mandatory jail time, hefty fines, driver’s license suspension, and a permanent criminal record. Whether you were pulled over on Highway 59 after a night in Gulf Shores or stopped on the Foley Beach Express, a DUI charge is a serious matter. We challenge every aspect of the prosecution’s case, from the legality of the initial traffic stop and the administration of field sobriety tests to the calibration and accuracy of the breathalyzer machine. Our goal is to find the weaknesses in the case against you and fight for a dismissal or reduction of charges.

Drug Offenses

From simple possession of marijuana to serious felony charges for trafficking controlled substances, drug crimes carry severe penalties in Alabama. The consequences can include long prison sentences and life-altering felony records. We handle cases involving all types of controlled substances, including marijuana, cocaine, methamphetamine, and prescription drugs. Our defense strategy often involves challenging the legality of the search that led to the discovery of the drugs, questioning the chain of custody of the evidence, and exploring alternatives to conviction, such as pretrial diversion programs.

Assault & Violent Crimes

Charges of assault, battery, or other violent crimes can often stem from a simple misunderstanding or an act of self-defense. The prosecution will often present a one-sided version of events based solely on the police report. We are committed to telling your side of the story. We will thoroughly investigate the circumstances, interview witnesses, and build a strong case to defend your actions. We explore all possible defenses, including self-defense, defense of others, and lack of intent.

Theft & Property Crimes

Accusations of theft, shoplifting, burglary, or property damage can have a lasting impact on your ability to find employment and housing. We handle all types of property crime cases, working to minimize the consequences and protect your record. We will scrutinize the evidence, challenge the valuation of the property (which often determines if a charge is a felony or misdemeanor), and negotiate with prosecutors to seek a favorable resolution, such as restitution in place of a conviction.

Domestic Violence

Domestic violence charges are treated with extreme seriousness in the Alabama court system. An accusation can lead to immediate arrest and a protective order that forces you out of your home and away from your children. These cases are often emotionally charged and based on conflicting accounts. We provide a defense that is both compassionate and aggressive, ensuring that your rights are protected while navigating the sensitive dynamics of family relationships.

The Alabama Criminal Court Process: What to Expect

Navigating the criminal justice system can be confusing and intimidating. We will guide you through every stage of the process, ensuring you understand what is happening and what to expect next.

 

  • Arrest and Booking: This is the initial stage where you are taken into custody, photographed, and fingerprinted.
  • The Bond Hearing: Shortly after your arrest, a judge will set a bond amount. We can advocate for a reasonable bond to secure your release from jail while your case is pending.
  • Arraignment: This is your first formal court appearance, where the charges against you are read, and you will enter a plea of “guilty” or “not guilty.” It is vital to plead “not guilty” at this stage to preserve your legal options.
  • Discovery and Pre-Trial Motions: This is the critical investigation phase. Your attorney will receive the evidence the prosecution has against you (the discovery) and will file motions to challenge illegal searches, suppress evidence, or dismiss the charges.
  • Plea Negotiations: In many cases, it is possible to negotiate with the prosecutor for a reduction in charges or a more lenient sentence. We are skilled negotiators who will always work to achieve a resolution that is in your best interest.
  • Trial: If a satisfactory plea agreement cannot be reached, your case will proceed to trial. We are experienced trial attorneys who are fully prepared to present a powerful defense before a judge or jury.
  • Sentencing: If you are convicted, the judge will determine your sentence. We will present mitigating factors and argue for the most lenient sentence possible.

Building a Strong Defense: Our Approach to Your Case

When you hire the Law Office of Lindsay Demers to defend you against criminal charges, you are not just getting an attorney—you are getting a dedicated advocate who will fight for you at every stage of the process. Our approach to criminal defense is thorough, strategic, and client-focused.

  • Immediate Action: Time is critical in a criminal case. The sooner we can begin working on your defense, the better. We will immediately start investigating the circumstances of your arrest, gathering evidence, and identifying witnesses. We will also work to secure your release from jail if you are being held on bond.
  • Thorough Investigation: We leave no stone unturned. We will obtain all police reports, witness statements, and any video or audio recordings related to your case. We will visit the scene of the alleged crime, interview witnesses, and consult with experts when necessary. Our goal is to uncover every fact that can help your defense.
  • Challenging the Evidence: The prosecution has the burden of proving your guilt beyond a reasonable doubt. We will scrutinize every piece of evidence they intend to use against you. If the police violated your constitutional rights during a search or interrogation, we will file motions to suppress that evidence. If the evidence is weak or unreliable, we will expose those weaknesses.
  • Strong Negotiation: In many cases, we can negotiate with the prosecutor to have charges reduced or dismissed. We have built strong professional relationships with prosecutors throughout Baldwin County, and we know how to present a persuasive case for a favorable resolution.
  • Aggressive Trial Advocacy: If your case goes to trial, you can be confident that we will provide a vigorous defense. We are experienced trial attorneys who know how to present evidence, cross-examine witnesses, and argue persuasively to a jury. We will fight to secure an acquittal.

Your Defense Starts Now: Contact Our Experienced Foley Criminal Lawyer

If you have been charged with a crime, time is not on your side. The prosecution is already building its case against you. You need to act now to protect your rights and your future. Do not speak to the police or prosecutors without an experienced criminal defense attorney by your side.

Contact the Law Office of Lindsay Demers today for a free, confidential consultation. We will listen to your side of the story, explain your legal options, and begin building the strong, strategic defense you need. Your future is too important to leave to chance.

 

Call us today at 251.308.4200 or fill out our contact form to get started.

"Dealing with legal issues can be scary.
I can help."

Lindsay Demers, Attorney at Law

  • 19442 County Road 12S, Foley, Alabama 36535
  • 251.308.4200
  • Lindsay@LDemersLaw.com
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