Q: Do I need to hire an attorney?
A:  A sex offense conviction may result in imprisonment, fines, loss of job, and mandated registration requirements. Anyone facing a sex offense should hire a lawyer with specific knowledge in the area of sex crime defense. You have the Constitutional right to have an attorney of your choice assist you in any criminal charge. An experienced attorney is needed to help you protect your legal rights.

Q: How serious is the charge of a sex crime offense?
A:  Under Alabama law, nearly all sex crime offenses are classified as a felony offense.  If the offense is not a felony it will be classified as a misdemeanor. 

Q: What is a felony?
A: A felony is a serious crime punishable by imprisonment for more than one year or by death.  A felony may also be punished by fine and probation or a combination of imprisonment, fine, and probation.  Any person convicted of a felony offense automatically loses the right to vote and the right to possess a firearm.

Q: What is a misdemeanor?
A: A misdemeanor is a crime that is less serious than a felony and is usually punishable by fine or confinement in jail for up to 12 months.

Q: Is consent a defense?
A: Consent may be a defense to the allegation of a sex crime. However, by law, some individuals are not capable of consent. For those individuals, even if they explicitly agree, their agreement is not legally valid. For example, persons under 16 years of age, the mentally disabled, and unconscious or intoxicated people cannot provide valid consent. Statutory rape or date rape charges may result from invalid consent and the completion of a sex act.

Q: Is it statutory rape if someone lies about his or her age?
A: A mistake about age is not a defense to statutory rape charges, even if the underage person lied and gave consent. Statutory rape (rape in the second degree) is known as a "strict liability" offense, which makes the perpetrator criminally responsible regardless of the surrounding circumstances.

Q: Who must register as a sex offender?
A: Under Alabama law, any adult or juvenile who has been convicted of a sex crime, who is on active supervision for a sex offense, or who has been committed as a sexually violent predator must register with the Department of Public Safety as a sex offender.  Any person required to register as a sex offender is subject to lifetime registration requirements.

Q: What does it mean to be a registered sex offender?
A: Alabama law requires sex offenders to register with the Sheriff’s office or the Chief of Police of the municipality where they reside and be placed on the state’s sex offender list.  The Alabama Department of Public Safety maintains the state’s list of registered sex offenders.  A convicted sex offender is required to re-register yearly with the appropriate authorities. The sex offender’s name will be available to the public, posted on the internet, and they will have to report their location to law enforcement every time they move. Not all sex crimes require registration, but most do.  The sex offender must submit to a DNA sample prior to their release from custody.  Under Alabama law, a registered sex offender is required to carry special drivers license or state identification card which is marked with the words “criminal sex offender” on the face of the identification.  

Q: Are there restrictions on my place of residence if I am a registered sex offender?
A: Yes.  Under Alabama law, a registered sex offender has severe limitations against employment and limitations upon residence.  A registered sex offender cannot live or work within a close proximity to children.  Depending on the circumstances, a registered sex offender is prohibited from working or residing within 2000 feet in proximity to a university, school, or child care facility.  A registered sex offender is restricted from living within 1000 feet to the property where the victim or victim’s family resides.  If the employment and residency restrictions are not followed, the registered sex offender is subject to re-arrest as a felony offense.

Q: Can I be denied employment because of a sex crime conviction?
A: Yes. Being a registered sex offender prohibits a person from working in any capacity with children and can prohibit a person from working in close proximity to children.

Q: What are the defenses to a sex offense?
A: Generally, the defenses to a sex offense include insufficient or tainted evidence, lack of evidence, factual innocence, mistaken identity and, in some cases, valid consent.  It is the responsibility of the attorney to investigate the facts and circumstances of the case and present the best available defense.

Q: If I plead not guilty, will I be required to testify in court?
A: No. A defendant in a criminal case is never required to testify and cannot be compelled to do so.  For a variety of legal reasons, the defense attorney may not want the defendant to testify.  However, the right to testify remains with the defendant and if the defendant elects to do so, he or she may testify in their own defense.

Q: I have heard that a person under 21 years of age is entitled to plead “youthful offender.”  Is that correct?  What does “youthful offender” mean?
A: It is correct that under a specific section of the Alabama Code, a person who was under the age of 21 at the time the offense occurred is entitled to petition the trial court for treatment as a “youthful offender.”  This is a special status afforded the individual, and is not a defense to a criminal offense.  It is for the court to determine if the person should be granted Youthful Offender status.  There is no appeal process if the petition for Youthful Offender is rejected by the court.  If the court grants Youthful Offender status, the trial will proceed on the merits.  If the person is found guilty (the legal term is “adjudicated”), the finding by the court will not result in a criminal conviction.  The record will be sealed by the court and the outcome not reported as a “conviction.”

Q: I have heard that a person’s arrest or conviction record can be “expunged” after a certain period of time.  Is that correct?
A: No.  Under Alabama law, there is no statutory mechanism to “expunge” an arrest or conviction.  Although a recent attempt to enact an expungement bill was introduced in the state legislature, the expungement bill was not successful in becoming law.