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Recent Decision Highlights the Importance of Properly Objecting During an Alabama Criminal Trial

The Stoves Law Firm

Criminal justice experts agree that a competent criminal defense attorney not only provides legal representation to their clients but also plays a pivotal role in safeguarding the defendant’s rights during trial. One of the critical duties of trial attorneys is to object to unlawful or unfair tactics employed by the prosecution. Failing to object at the right moment can waive important arguments on appeal, as appellate courts may can’t address certain issues if attorneys did not raise them below. A recent opinion from the Alabama Supreme Court that affirmed a life sentence for a man convicted of robbery demonstrates this principle.

The Facts

According to the facts discussed in the appellate opinion, the defendant and an accomplice collided their vehicle into the back of another car at a red light on an afternoon in December 2016. Following the collision, the defendant approached the victim’s car under the pretense of checking on her well-being. Meanwhile, his accomplice pretended to be in need of assistance, and under this guise, she took the victim’s purse. When the victim resisted, the defendant brandished a gun, struck her, and removed her from the vehicle. Then he drove away. Officers later apprehended the defendant and his accomplice in Mississippi, leading to the defendant’s prosecution and subsequent conviction.

The Appeal

The defendant appealed his conviction on two primary grounds. First, he argued that the indictment for first-degree robbery was defective because it included an alternative element that allegedly reduced the State’s burden of proof. Second, he contended that the jury instruction given by the trial court misled the jury into believing it was irrelevant whether he actually had a gun during the robbery. However, the Alabama Supreme Court declined to reverse his conviction, primarily due to procedural reasons related to the preservation of these issues at trial.
The appellate court emphasized the importance of raising timely and specific objections during the trial to preserve issues for appellate review. In this case, the defendant’s trial counsel did not object to the indictment’s form, nor did they sufficiently challenge the jury instructions at the trial level. As a result, the appellate court was hamstrung and unable to address these points, affirming the life sentence for first-degree robbery. This situation illustrates how actions or inactions of trial counsel can create insurmountable barriers for appellate defense.

The Take-Away

For criminal defense attorneys in Alabama, the qualifications and skills required to navigate the rules of criminal procedure are paramount. Criminal defense lawyers must be skilled at making appropriate objections and preserving arguments for potential appeals. If they do not, their clients suffer the consequences. In a state where severe penalties, such as life sentences for armed robbery, are not uncommon, it is essential for defendants to ensure they have capable legal representation from the outset.

Speak with a Qualified and Competent Alabama Criminal Defense Attorney About Your Case Today

Given the stakes involved in criminal cases, anyone accused of an Alabama crime should avoid cutting corners when selecting an attorney. The right defense team can mean the difference between freedom and a lifetime behind bars. The trial phase is not only about presenting a defense but also about laying the groundwork for any necessary appeals.

At The Stoves Law Firm, we understand the critical importance of procedural rules in criminal defense. Our attorneys are committed to ensuring that all arguments are preserved, and object if the trial court makes erroneous rulings. With our extensive experience and dedication, we are prepared to hold the prosecution to its high burden. If you or a loved one is facing criminal charges in Alabama, do not delay in seeking expert legal assistance. The skilled attorneys at The Stoves Law Firm are ready to provide the robust defense you need. Contact us today at 205-823-7233 to schedule a free consultation and take the first step toward securing your future.

Client Reviews

"Jason was very sweet and informative he made sure I kept up with my case and also help get me off a very serious charge and he is very affordable I would definitely recommend him to everyone."

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Unfortunately I received my 2nd DUI but Jay as able to get it handled for me. His fees were reasonable and he did a great job

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