Eric Clark Davis’s Answers

Eric Clark Davis

Dothan Criminal Defense Attorney.

Contributor Level 12
  1. I just recently recieved a DUI in Alabama. Is there any way they can bring up a DUI and count it from Nov. 2002?

    Answered almost 2 years ago.

    1. Eric Clark Davis
    2. Gregory F. Yaghmai
    3. Patrick Mahaney
    4. Brian Joseph Lockwood
    5. Jim Mitchell Medley
    6. ···
    6 lawyer answers

    Because your last DUI was in 2002, It cannot be used to enhance your punishment. While the DA or judge may have knowledge of it, it is unlikely to have much of a consequence in my experience. There are numerous qualified DUI attorneys in Birmingham including the ones in my firm. A .08 does not necessarily mean a guilty verdict.

    7 lawyers agreed with this answer

  2. How pure does a drug need to be to be charged with trafficking?

    Answered over 1 year ago.

    1. Eric Clark Davis
    2. Randy William Ferguson
    3. Vito R. De La Cruz
    4. Joshua Sachs
    4 lawyer answers

    Purity is a non-issue in Alabama as the code in 13A-12-231 clearly says mixture.

    6 lawyers agreed with this answer

  3. Can someone who has been robbed drop charges

    Answered over 1 year ago.

    1. Eric Clark Davis
    2. Randy William Ferguson
    3. Douglas Holbrook
    4. Kevin Lewis King
    4 lawyer answers

    If the case has been turned over to the police and subsequently the DA's Office, then it is up to the DA, who may or may not listen to the victim.

    5 lawyers agreed with this answer

  4. 1st offense DUI, TWO court dates, indigent.

    Answered over 1 year ago.

    1. Eric Clark Davis
    2. Patrick Mahaney
    3. Randy William Ferguson
    4. Jim Mitchell Medley
    4 lawyer answers

    Be very wary of any attorney that says he or she can make anything "go away" for a price.

    Selected as best answer

  5. What is the point of taking a criminal case, like attempted armed robbery, to a higher court after being found guilty?

    Answered over 1 year ago.

    1. Eric Clark Davis
    2. Claiborne Hambrick Ferguson
    3. Keith G Langer
    4. Mary Catherine Bonner
    4 lawyer answers

    The outcome of an appeal is not going to be any more negative that the underlying conviction. It can be costly in terms of transcript fees and attorney's fees. You have an appeal as of right to the Court of Criminal Appeals, which is the first appellate court. In an appellate court (higher court), it is not a matter of guilty or not guilty, it is a matter of whether there was sufficient evidence to support the conviction or was there some other error at trial that may get a new trial....

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. What will happen if i plead not guilty to 2 counts of 3rd degree domestic violence and reckless endangerment

    Answered 7 months ago.

    1. Eric Clark Davis
    2. Brian Joseph Lockwood
    3. Patrick Mahaney
    4. Robert Phillip Odle
    4 lawyer answers

    The simple answer is that your case will be set for trial. That does not mean that don't have other options. If you were under 21 at the time, then you may apply for youthful offender. If granted, it will not be a conviction and you do not lose certain gun rights. You may be eligible for pretrial diversion that could result in a dismissal. Consult a a criminal defense attorney in your area. A domestic violence conviction will drastically curtail your possession of firearms.

    4 lawyers agreed with this answer

  7. How can I get a felony removed off my record

    Answered 7 months ago.

    1. Eric Clark Davis
    2. David Richard Clark
    3. John Douglas Lloyd
    4. Patrick Mahaney
    4 lawyer answers

    Under current Alabama law, there is no provision for expungement. There is a bill pending before the legislature now as there is every year. It usually does not pass.

    4 lawyers agreed with this answer

  8. Can I get my Criminal records removed if i never got my miranda rights read to me?

    Answered about 1 year ago.

    1. Eric Clark Davis
    2. William Emil Cassara
    3. David Henry Veile
    3 lawyer answers

    No. Miranda only applies to custodial interrogations. Failure to give Miranda may, under certain circumstances, make a statement inadmissible. That failure will not void your convictions.

    4 lawyers agreed with this answer

  9. Can you get a misdemeanor marijuana charge dropped based on religious use?

    Answered over 1 year ago.

    1. Eric Clark Davis
    2. Michael Lawrence Doyle
    3. Robert C. Keller
    4. William A. Jones Jr.
    4 lawyer answers

    As the others have said, that is not a defense. You will likely be laughed out of court with that claim here in Alabama.

    4 lawyers agreed with this answer

  10. My ex got arrested for DUI- controlled substance I'm afraid for our 4 yo to be with him what should I do ?

    Answered over 1 year ago.

    1. Eric Clark Davis
    2. Randy William Ferguson
    2 lawyer answers

    Talk to an attorney about taking him back to court for the back child support and seek custody as he is a threat as evidenced by his second DUI.

    4 lawyers agreed with this answer