Huntsville Alabama Municipal Court Attorney

Huntsville, AL, Criminal Defense Attorney

Huntsville Municipal Court Lawyers

What kinds of cases does Huntsville Municipal Court handle?/h2>
Misdemeanor criminal and traffic crimes that take place inside Huntsville’s city limits are handled by the Huntsville Municipal Court. The Huntsville Municipal Court is likely to hear your case if you have been charged with a misdemeanor crime that happened within the city limits of Huntsville. A misdemeanor is a criminal violation that carries a sentence of no more than a year. The Huntsville Municipal Court will also hear your case if you have been charged with a traffic infraction that happened inside the municipal borders of Huntsville. If you have been charged with a municipal court offense in Huntsville, Alabama, the good news is that such offenses are misdemeanors or violations, and you can be sentenced to no more than 365 days in jail. Although most convictions carry less than 365 days and often do not include jail time. If you have been charged in Huntsville, it is a good idea to have an experienced criminal defense lawyer when charged with a municipal offense.

DO I EVEN NEED TO HIRE AN ATTORNEY?/h2>
Yes, you need to hire an attorney to represent you if you want to avoid a conviction on your permanent criminal record. A conviction will show up on your criminal background check, and that will prevent you from getting a job or renting an apartment. You need to speak with a criminal defense attorney who has experience working with the Huntsville municipal court.

HOW DOES HUNTSVILLE CITY COURT WORK?/h2>
Normally, there are three appearances for municipal court matters. The first appearance is usually listed as an arraignment. You normally go to court on your first appearance and enter a “not guilty” plea. There are only two words you need to know—not guilty. The court magistrate or court personnel will then schedule your second appearance, which is a trial date. The prosecutor does not plea bargain with you at the first appearance because he or she will often not even have your file.

The second appearance is your chance to speak with the prosecutor and try to settle your case or get into a program if possible. (PTIP, or mental health court) To do the programs, you must admit responsibility for your actions and take the necessary steps to rectify any behavior that resulted in your arrest to participate in these programs. You will not be allowed to use these nontrial options if you are claiming that you are innocent of the offense. At the settlement hearing, you often can get the charges reduced or dismissed. The third court date is usually your trial date, when you can settle your case or have a trial. If your case is resolved, it will be placed on your record. The judge will impose your sentence (e.g., fine, jail, license suspension, etc). If not settled, your case will often be continued once or more. If not settled, at some point, the judge will hold a trial unless you stipulate and appeal the case to the circuit court. More than 99% of all cases are resolved before trial. Plea bargaining is the norm in municipal court. Prosecutors are given discretion to settle the case in their best judgment.

The thousands of cases that go through this court are handled by three judges of the Municipal Court. You will appear in front of one of the judges at your arraignment. If you are unable to hire an attorney, the court will allow you to apply for a public defender. The public defenders are a group of attorneys who came together and bid on the public defender contract with the City of Huntsville. All of the public defenders are highly qualified and are capable of handling any type of municipal court case. There are several public defenders available in the Huntsville Municipal Court to help folks who are accused of crimes but are unable to pay for their legal representation.

If you are unhappy with the outcome of your case, you can appeal it to the Circuit Court of Madison County, Alabama. If you have been found guilty at trial, you may appeal your case. Most people appeal to the Circuit Court of Madison County and request that the case be reheard before a jury. While seldom used, some people may appeal directly to the Court of Criminal Appeals to address a specific legal issue. If you wish to appeal your case, you must provide the court with notice and complete all necessary paperwork within 14 days or less. If you fail to complete your appeal before the deadline, it will be denied.

If you have pleaded guilty with a plea agreement, you probably have waived your right to appeal. This is because most plea agreements at the Municipal Court contain language stating that you explicitly waive your right to appeal your conviction.

What are some serious traffic offenses and their corresponding Alabama Code sections?/h2>
Here is a comprehensive list of serious traffic offenses in Alabama, along with their corresponding Alabama Code Sections:

1. Driving Under the Influence (DUI): Alcohol – Alabama Code Section 32-5A-191(a)(1) & (2)

– Controlled Substance: Alabama Code Section 32-5A-191(a)(3)

– Combined Influence, Alabama Code Section 32-5A-191(a)(4)

2. Open Container Violation: Alabama Code Section 32-5A-330

3. Reckless Driving: Alabama Code Section 32-5A-190

4. Leaving the Scene of an Accident: Alabama Code Section 32-10-1

5. Attempt to Elude Officer: – Alabama Code Section 13A-10-52 & Alabama Code Section 32-5A-193

6. Driving on a Suspended/Revoked License: Alabama Code Section 32-6-19

7. Racing: Alabama Code Section 32-5A-178. These offenses are considered serious violations of traffic laws in Alabama, and each offense is governed by specific sections of the Alabama Code.

Defending clients in Huntsville Municipal Court

Ferguson & Ferguson has over a decade of experience fighting for the rights of clients in Huntsville municipal courts in Madison County, Alabama. Municipal courts in Alabama hear a wide range of matters, including traffic violations, DUIs, drug charges, and several municipal ordinance violations. If you have been charged in Huntsville Municipal Court, choose the experienced attorneys who have served as municipal judges and magistrates in Huntsville. Our law firm has over 60 years of experience representing individuals charged with municipal court violations, such as traffic violations, drug violations, and other minor criminal offenses in the municipal courts of Alabama.

Why Hire an Attorney

Mishandling of a municipal court charge can result in a conviction on your record, thousands of dollars of unnecessary fines and costs, suspension of your driver’s license, and up to 365 days in jail.

Municipal Violations

Our attorneys handle the following Huntsville municipal court violations, including, but not limited to:

• Traffic Violations
• Driving Under the Influence (DUI)
• Speeding Tickets
• Driving with a Revoked or Suspended License
• Driving without Insurance
• Reckless Driving
• Drug Possession and Paraphernalia
• Domestic Violence
• Resisting Arrest
• Disorderly Conduct
• Probation Violations
• Shop Lifting/TOP 4th
• Following too closely
• Unsafe lane change
• Trespass
• Public Drunkenness

If I am found guilty of a crime in Huntsville Municipal Court, what kind of penalty may I anticipate?/h2>
When it comes to sentencing, Huntsville Municipal Court largely follows state statutes. As a Municipal Court, the maximum penalty is one year and usually cannot be more than $6,000. The type of misdemeanor under Alabama law will determine the precise range of the penalty.
Should you have a matter pending before the Huntsville Municipal Court and have any questions, feel free to call us now. Call 256-534-3435. We can help by getting your case dismissed, getting you into a pre-trial intervention program, negotiating your case to a lesser offense, or winning your case at trial. We are here to help.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601