Separate vs Community Property in a Divorce: What’s the Difference?

One of the most important and often contentious aspects of a divorce is dividing up assets. Alabama is an equitable distribution state, which means that the courts will attempt to split assets up based on what they believe to be fair. Before they can begin this process, however, they will need to determine what assets are community property, and what is separate property. Understanding the difference between these Read More

Understanding Search Warrants

Understanding Search Warrants One of the fundamental rights of those living in Alabama, or anywhere in the United States, is that of private property. Nobody has the right to search through your property without your permission. Even the police are generally prohibited from this type of action unless they get a search warrant first. Understanding what a search warrant is and when they are required will help you Read More

Personal Injury 101: Negligence Explained

If you have been injured in some type of accident, you likely want to know if you will have a strong personal injury lawsuit on your hands. There are many factors that will go into determining the validity of a case, but in many cases, none are more important than determining if the other party involved was negligent in their actions. Understanding what negligence is, and how it can apply to your case, will help to Read More

Criminal Law Basics: Arraignment Explained

Criminal arraignment is the initial court appearance that takes place after a person has been arrested on suspicion of committing a crime.  When will the arraignment take place? It is possible that the arraignment may not occur for several months or over a year in some jurisdictions (especially if the defendant is out of custody), even though the case has been accused or indicted. Bond is also not set at Read More

Another Victory!

Part of a two-attorney defense team, John Totten successfully defended Andrew Haweis Goldsmith IV.  Mr. Goldsmith was facing two counts of attempted murder and two counts of capital murder while facing a minimum sentence of life in prison.  To read more about this case, see the al.com article by clicking HERE. Read More

Alabama Criminal Law: Hate Crimes

Violating the law and getting charged with a crime is always a serious situation, and the specific type of charges can have a huge impact on the potential penalties. One of the most significant factors that can make a crime more serious is the motivation behind the event. When a crime is motivated by hate or bias, it is classified as a “hate crime,” which can come with elevated penalties. Alabama is one of 45 states Read More

Understanding Motions of Contempt

It is not uncommon to see a judge on a TV show threaten someone with being “held in contempt of court.” While it does make for some good entertainment, motions of contempt are all too real and need to be taken extremely seriously. Simply put, being held in contempt of court is the charge issued when you fail to comply with their orders. Read on to get a better understanding of motions of contempt and how they can Read More

Staying Safe on the Job: 5 Signs of an Unsafe Work Environment

No matter where you work, your employer is obligated to provide a safe work environment. What constitutes “safe” may be different for everyone, but there are laws in place that outlines what employers need to do in order to provide a safe environment for employees. Below, you’ll find a few of the most common signs of an unsafe work environment. If any of these are missing and you end up injured, you could have a Read More

4 Reasons You May Need to Challenge a Support Order

If you have gone through a divorce in Alabama, part of the final agreement was likely a child support order, a spousal support order, or both. The courts try to make these orders in such a way as to ensure they accomplish the goal of providing financial care for any children and a spouse who needs it for a time. The goal is to have these orders remain in place as they are written until they are scheduled to be Read More

Theft vs. Burglary: How It’s Defined in Alabama

When people hear terms like theft and burglary, they often have the same general meaning in mind. This should come as no surprise because they are all related to the taking of property that does not belong to the person. If you are facing legal charges related to one or more of these terms, however, it is very important to understand the differences between them. Read through this blog to understand how theft and Read More