Self-defence may be invoked in a pre-trial application submitted by a lawyer or raised during the trial. If a motion is filed before trial, it will be executed to determine whether the accused reasonably used self-defence. If the judge agrees, it is an obstacle to further prosecution, and the case is over. For strategic reasons, some lawyers will choose not to do so and wait for the evidence to be presented in court and bring the case before a jury. There are a number of reasons; Lawyers opt for this. They may feel that the judge is unlikely to grant their request and they may not want the prosecution to have an opportunity to cross-examine their client before trial. They may wish to wait until further evidence is heard during the trial before deciding whether or not to address this issue. Bradford Ladner, Alabama`s criminal defense attorneys have 30 years of experience representing clients for felonies and misdemeanors in all Alabama state and federal courts. William K. Bradford and Amber L. Ladner have represented countless clients who have been sued, including: As your criminal defense attorneys in Alabama, we will thoroughly examine the facts of your case and the law, speak with witnesses, and review police reports. We can recommend the use of private investigators or forensic and scientific experts to assist you in your defense. Building a strong defense is not only the key to victory in your case, but also puts us in the best possible position to negotiate the dismissal of some or all charges, the modification of less serious charges, probation, deferred prosecutions or alternative sentences.
As criminal defense attorneys in Alabama, we will work for you to achieve the most positive outcome in your case. If a person suffers from a mental illness or disability, he or she cannot be held legally responsible for his or her actions; This can serve as a defense in case of attack. A somewhat related question is whether the person is even capable of standing trial. Under Alabama law, the case cannot proceed if a person is unable to stand trial and cannot be restored to his or her jurisdiction. If a person is allowed to go to court, but at the time of the offence they had a mental illness or mental disability that impaired their ability to understand right from wrong, that can be used as a defence. William K. Bradford and Amber L. Ladner are seasoned and experienced courtroom veterans who have successfully completed countless criminal cases. Amber Ladner served as president of the Alabama Criminal Defense Lawyers of Alabama from 2013 to 2014. She is a former Chair of the Greater Birmingham Criminal Defence Lawyers. William K.
Bradford is Vice President of the Greater Birmingham Criminal Defense Lawyers Association, has practiced in Birmingham and throughout Alabama for more than 20 years, and is a frequent speaker at legal education courses. Isn`t that the kind of experience, the quality of the lawyer you want by your side to defend your rights and make sure you`re treated fairly? The Stand Your Ground Act in Alabama gives a judge the ability to determine absolute immunity in civil and law enforcement matters. If the Stand Your Ground Act in Alabama is invoked by a defendant, a jury hearing will be conducted prior to trial to determine whether your self-defense actions were appropriate under the law. If the judge concludes that your actions were appropriate, that you feared for your physical safety, and that you acted accordingly to deny the threat, any charges against you will be dropped and you will not proceed to trial. If the judge finds that your actions were not reasonable, you can still make the same arguments before a jury of your colleagues at trial. You basically have two options for presenting your case in court and before a jury. Moreover, in a criminal case in Alabama, once self-defense becomes an issue, the defendant no longer has the burden of proof for self-defense, but the state then has the burden of proving that the defendant did not act in self-defense and must prove the same beyond a reasonable doubt.