Felony Cases We Defend

We represent clients facing the full range of felony charges in Baldwin County courts. Each type of case demands specific knowledge and tailored defense strategies.

Drug Felonies

Alabama aggressively prosecutes drug offenses, and felony drug charges carry severe penalties. Possession of controlled substances other than marijuana—including cocaine, methamphetamine, heroin, and prescription drugs without a valid prescription—can result in felony charges. Drug trafficking charges, based on the quantity of drugs involved, carry mandatory minimum sentences that judges cannot reduce. We challenge every aspect of drug cases, from the legality of the search that discovered the drugs to the chain of custody of the evidence.

Assault and Violent Crimes

First-degree and second-degree assault are serious felonies that can result from situations that escalated unexpectedly. Self-defense claims are common in these cases, as are disputes about what actually happened. We investigate thoroughly to uncover evidence supporting your version of events and challenge the prosecution's narrative. Other violent felonies we defend include robbery, kidnapping, and weapons offenses.

Burglary and Property Crimes

Burglary—unlawfully entering a building with intent to commit a crime inside—is a felony regardless of whether anything was actually stolen. First-degree burglary, involving an occupied dwelling, is a Class A felony carrying up to life in prison. Theft of property valued at $1,500 or more is also a felony. We examine the evidence to challenge identification, intent, and valuation in property crime cases.

Felony DUI

While a first DUI is typically a misdemeanor, a fourth DUI conviction within ten years becomes a Class C felony. DUI causing serious bodily injury can also be charged as a felony. A felony DUI conviction means state prison time, extended license revocation, and the permanent loss of rights that accompany any felony conviction. We fight DUI charges aggressively, challenging field sobriety tests, breath testing procedures, and the legality of the traffic stop.

Domestic Violence Felonies

Repeat domestic violence offenses and those involving serious injury are charged as felonies in Alabama. These cases often involve complex family dynamics, conflicting accounts, and significant consequences beyond the criminal case itself—including protective orders, child custody implications, and loss of firearm rights. We provide defense that addresses both the immediate criminal charges and the broader impact on your life and family.

Sex Offenses

Sex crime allegations are among the most serious charges anyone can face. Beyond lengthy prison sentences, conviction requires lifetime registration as a sex offender, which restricts where you can live and work and subjects you to ongoing monitoring. False accusations do occur, and vigorous defense is essential. We approach these sensitive cases with the gravity they deserve while protecting our clients' rights throughout the process.

White Collar and Financial Crimes

Fraud, embezzlement, forgery, and identity theft charges often involve complex financial evidence and documentary records. These cases require careful analysis of the evidence and often present opportunities to challenge whether criminal intent existed. We work with forensic accountants when necessary to understand and contest the prosecution's financial evidence.

The Felony Court Process in Alabama

Felony cases proceed through the Alabama court system differently from misdemeanors. Understanding this process helps you know what to expect as your case moves forward.

1. Arrest and Initial Appearance: After arrest, you will be brought before a judge for an initial appearance where bond is set. For serious felonies, bond may be set very high or denied entirely. We work to secure your release on the most favorable terms possible.
2. Preliminary Hearing: You have the right to a preliminary hearing where the prosecution must show probable cause that a crime was committed and that you committed it. This hearing provides an opportunity to evaluate the state's evidence early in the case.
3. Grand Jury Indictment: Most felonies in Alabama require indictment by a grand jury. The grand jury reviews the prosecution's evidence in a closed proceeding and decides whether to issue formal charges. If indicted, the case moves to circuit court.
4. Arraignment in Circuit Court: At arraignment in the Baldwin County Circuit Court, the indictment is read and you enter a plea. A plea of not guilty preserves your right to challenge the charges and negotiate for better outcomes.
5. Discovery and Investigation: We obtain all evidence the prosecution intends to use and conduct our own independent investigation. This phase is critical for identifying weaknesses in the state's case and building your defense.
6. Pre-Trial Motions: We file motions to suppress illegally obtained evidence, challenge the sufficiency of the indictment, or address other legal issues that could affect your case.
7. Plea Negotiations: When appropriate, we negotiate with prosecutors for reduced charges or favorable sentencing recommendations. Any plea offer is your decision to accept or reject.
8. Trial: If no acceptable resolution can be reached, we take your case to trial before a jury of Baldwin County residents. We present your defense vigorously and hold the state to its burden of proving guilt beyond a reasonable doubt.

Consequences of a Felony Conviction

The penalties imposed by the court are only the beginning. A felony conviction triggers collateral consequences that affect virtually every aspect of your life.

• Prison Time: Felony sentences are served in state prison, not county jail. Depending on the offense, you could face years or decades of incarceration.
• Loss of Voting Rights: Alabama law strips felons of the right to vote. Restoration requires completion of the sentence and satisfaction of all court-ordered obligations.
• Loss of Gun Rights: Federal and state law prohibit felons from possessing firearms. This prohibition is generally permanent.
• Employment Barriers: A felony record disqualifies you from many jobs and professional licenses. Background checks make it difficult to find employment even after serving your sentence.
• Housing Difficulties: Landlords routinely reject applicants with felony records. Public housing assistance may also be unavailable.
• Immigration Consequences: For non-citizens, felony convictions frequently result in deportation and permanent bars to re-entry.
• Family Impact: Felony convictions can affect child custody determinations and damage family relationships in lasting ways.

Building Your Felony Defense

Every felony case requires a comprehensive defense strategy tailored to the specific facts, evidence, and circumstances involved. We examine every angle to find the strongest defense for your situation.

• Constitutional Challenges: If police violated your Fourth Amendment rights through illegal searches or seizures, the evidence obtained may be suppressed. If interrogation violated your Fifth or Sixth Amendment rights, statements may be excluded.
• Challenging Witness Credibility: Eyewitness identifications are frequently unreliable. Witnesses may have motives to lie or may have perceived events inaccurately. We investigate witness backgrounds and expose credibility problems.
• Forensic Evidence Issues: DNA, fingerprints, ballistics, and other forensic evidence are not infallible. Testing errors, contamination, and flawed analysis can produce incorrect results. We examine forensic evidence critically.
• Affirmative Defenses: Self-defense, defense of others, duress, entrapment, and other affirmative defenses may apply depending on the circumstances of your case.
• Insufficient Evidence: The prosecution must prove every element of the charged offense beyond a reasonable doubt. We hold them to this high standard and exploit gaps in their evidence.

Felony Defense Throughout Baldwin County: Your Freedom Is Worth Fighting For

Baldwin County felony cases are prosecuted in the Circuit Court in Bay Minette. We appear regularly in this courthouse and understand the procedures, practices, and personalities that affect how cases proceed. From arraignment through trial, we navigate the local system effectively on behalf of our clients.

The unique characteristics of Baldwin County influence the types of felony cases we see. The busy tourist season along the Gulf Shores and Orange Beach coast brings increased drug enforcement and serious DUI incidents. The growth of the Foley, Daphne, and Fairhope areas generates property crimes and domestic disputes. Interstate 10 traffic results in drug trafficking prosecutions. Whatever the circumstances of your charge, we bring local knowledge and courtroom experience to your defense.

Contact the Law Office of Lindsay Demers today at 251-308-4200 for a confidential consultation about your felony case. Let us put our experience and determination to work protecting your rights and your future.

Frequently Asked Questions About Felony Charges

What is the difference between a felony and a misdemeanor?

The primary distinction is the potential punishment. Misdemeanors carry maximum sentences of one year in county jail, while felonies carry potential sentences of more than one year in state prison. Felonies also trigger additional consequences like loss of voting rights and gun rights that do not apply to misdemeanors.

Can a felony charge be reduced to a misdemeanor?

Yes, in some cases. Through investigation and negotiation, we may be able to persuade prosecutors to reduce felony charges to misdemeanors. This is particularly possible when the evidence is weak, when mitigating circumstances exist, or when the defendant has no prior criminal history.

Will I have to go to prison if convicted of a felony?

Not necessarily. Depending on the offense and your criminal history, alternatives to prison may be available, including probation, community corrections programs, or split sentences. However, certain offenses carry mandatory prison time. We work to achieve outcomes that minimize incarceration when possible.

Can a felony be expunged from my record?

Alabama's expungement laws are limited for felony convictions. Some non-violent felonies may be eligible for expungement after a waiting period and satisfaction of certain requirements. Charges that were dismissed or resulted in acquittal have broader expungement options. We can evaluate your specific situation and advise you on eligibility.

How long will my felony case take?

Felony cases typically take several months to over a year to resolve, depending on the complexity of the charges, the amount of evidence involved, and whether the case goes to trial. While we work efficiently, we never rush a case at the expense of thorough preparation.

How much does a felony defense attorney cost?

The cost of felony defense depends on the complexity of the case and the charges involved. Given the serious consequences at stake, experienced representation is an investment in your future. We discuss fees transparently during your initial consultation so you can make informed decisions about your defense.