Dean & Barrett Auburn AL Criminal Defense Attorney | Opelika Personal Injury & Divorce 2026-06-26T11:49:06Z https://www.deanandbarrett.com/feed/atom/ WordPress /wp-content/uploads/sites/1301390/2020/08/site-icon-75x75.jpg On Behalf of Dean & Barrett <![CDATA[Exposed: Don’t let your landlord ignore your apartment injury]]> https://www.deanandbarrett.com/?p=47490 2026-06-26T11:49:06Z 2026-06-25T07:07:53Z The landlord's duty to provide a safe environment Property managers and apartment complex owners owe their tenants a duty of care. This legal obligation requires them to fix known dangers and to inspect for potential hazards that could cause harm regularly. This applies to your individual unit as well as common areas such as hallways, parking lots, swimming pools and fitness centers. When a landlord knows about a dangerous condition, or should have known about it through reasonable inspection, they must take steps to repair it or adequately warn tenants. The law considers a failure to uphold this duty negligence, which forms the basis of a premises liability claim.

Common hazards in student apartment complexes

Landlord negligence often involves failing to address common safety issues that can lead to serious injuries. While accidents can happen anywhere, certain hazards frequently appear in apartment buildings, such as:
  • Poorly lit stairwells or parking lots
  • Broken or missing handrails
  • Uneven pavement or large potholes in walkways
  • Malfunctioning security gates or locks
  • Slippery surfaces from leaks or spills that property managers do not clean up
  • Unmaintained swimming pool areas with broken tiles or gates
Taking action to fix these problems is a core part of a landlord's responsibility.

What to do after an injury in your apartment

If you suffer an injury, the steps you take immediately afterward can help protect your health and your legal rights. The priority is to seek appropriate medical attention for your injuries, which creates an official record of what happened and when. Beyond medical care, taking these additional steps can also help protect your legal rights:
  • Report the incident in writing to your property manager as soon as possible
  • Take clear photos or videos of the hazardous condition that caused your injury and the surrounding area
  • Ask for the name and contact information of anyone who saw the accident
This documentation is valuable for showing what happened and supporting your claim.

Proving negligence is essential to a claim

This documentation helps establish the central element of a premises liability case: negligence. To hold a property owner responsible, you must show that they failed in their duty to keep you safe. This involves demonstrating that the owner knew or should have known about the hazard and failed to fix it within a reasonable time. For example, if multiple tenants have reported a broken stair over several weeks, the landlord is likely aware of the danger. If they fail to make repairs and someone gets hurt, you can use that failure to build a successful compensation claim.

Understanding your options after an apartment accident

Dealing with an injury while balancing schoolwork is difficult. Proving that a landlord's negligence caused your accident adds another layer of complexity. These claims require careful investigation and a clear understanding of Alabama premises liability law. An attorney experienced with premises liability claims can evaluate the situation and explain your legal options. Securing sound advice helps you make informed decisions about how to move forward.]]> On Behalf of Dean & Barrett <![CDATA[Can a prank become a criminal mischief charge in Alabama?]]> https://www.deanandbarrett.com/?p=47487 2026-06-03T13:46:14Z 2026-06-08T13:44:13Z What qualifies as criminal mischief in Alabama? Alabama law defines criminal mischief as damaging someone else's property on purpose. Under state statutes, the legal system does not view a campus prank or a standard stunt as an excuse for destruction. The law does not require thousands of dollars in damage for charges to apply, meaning even minor property damage can lead to criminal consequences. You might face charges if your prank involved spray painting walls, breaking windows, damaging furniture or destroying personal belongings. Additionally, if you tampered with fire safety equipment or flooded hallways, the situation can escalate to a criminal mischief crisis very quickly.

What are the potential penalties?

The penalties for criminal mischief depend on the amount of damage caused. Alabama law breaks this into three levels:
  • Third-degree criminal mischief: Damage of $500 or less results in a Class B misdemeanor charge. This may involve jail time of up to six months and fines up to $3,000
  • Second-degree criminal mischief: Damage exceeding $500 but not exceeding $2,500 results in a Class A misdemeanor. This may involve one year in jail and fines up to $6,000
  • First-degree criminal mischief: Damage exceeding $2,500 or involving an explosion results in a Class C felony. Prison time ranges from one year and one day to ten years
Beyond immediate penalties, a criminal record can create long-term obstacles. A conviction may affect your ability to secure employment, gain admission to graduate programs or qualify for professional licenses. Additionally, some landlords and scholarship committees conduct background checks that could reveal criminal convictions.

How should college students respond to criminal mischief allegations?

How one responds to criminal allegations can significantly impact the outcome of a case. If campus police or local law enforcement contact you about property damage, consider seeking legal counsel before making any statements. Explaining your side of the story might seem helpful, but doing so without representation could complicate your situation. Additionally, consider avoiding social media posts about the incident. These can potentially be used in legal proceedings.

Responding to criminal allegations

A prank that results in criminal mischief charges does not have to define your future. Many students in Alabama find themselves in similar situations. Taking the situation seriously and seeking professional guidance early can help you make informed decisions during this challenging time.]]> On Behalf of Dean & Barrett <![CDATA[Who pays for the damages after an e-bike accident?]]> https://www.deanandbarrett.com/?p=47483 2026-04-23T13:24:05Z 2026-04-28T13:23:51Z E-bike crashes disrupt your life and trigger immediate financial worry. You must act quickly to protect your future while you recover from your injuries. Understanding Alabama law helps you deal with the path toward physical and financial restoration.

Understanding liability in Alabama

Alabama law follows the strict rule of contributory negligence. This legal doctrine stops you from getting money if you share any blame for the crash. The other driver must bear 100 percent of the fault for you to collect a settlement. Their liability insurance pays for your losses when they cause the crash. If a driver lacks insurance, your own auto policy may cover the costs through uninsured motorist benefits.

What damages can you recover after an e-bike accident?

Victims often face high costs that reach far beyond immediate medical care. These damages provide a way to rebuild your life and protect your family's stability.
  • Hospital bills and physical therapy
  • Lost wages from missing work
  • Bike repair or replacement costs
  • Mental anguish and physical pain
  • Permanent scarring or disability
Insurance adjusters often offer low settlements to protect their company’s bottom line. You must calculate every future expense to ensure your settlement covers the full impact of the collision.

Seeking fair compensation

Insurance companies use Alabama’s harsh negligence rules to deny valid claims. A skilled representative uncovers vital evidence to prove the driver’s total fault. Additionally, they can handle aggressive insurance tactics and meet every strict legal deadline. This protection allows you to focus on your health while an advocate fights for the compensation you need.  ]]> On Behalf of Dean & Barrett <![CDATA[How does Alabama’s “1% fault” rule impact your injury claim?]]> https://www.deanandbarrett.com/?p=47461 2026-03-13T08:58:42Z 2026-03-18T08:57:16Z Alabama holds injury victims to a high legal standard after a crash. The state uses a strict rule that often prevents people from getting money for their losses. You must understand this law before you talk to an insurance adjuster.

The Mechanics of Alabama’s 1% Fault Rule 

Alabama follows the rule of contributory negligence. This standard stops a person from getting money if they share even one percent of the blame for a wreck. Most states allow you to collect money even if you made a mistake but Alabama does not. If a judge or jury finds you slightly responsible you lose the right to any payment from the other driver.

What factors could shift liability?

Insurance companies search for tiny mistakes to deny your entire claim. They know that a small error on your part saves them from paying for your medical bills and car repairs.
  • Minor speeding even if you only drove five miles over the limit
  • Failing to use a turn signal before a lane change
  • Driving on tires with slightly worn tread
  • Not reacting fast enough to another driver’s sudden error
Lawyers investigate these facts to protect your right to a fair payment. They work to prove the other party carries all the blame for the crash.

The shield against unfair blame 

Getting involved in an accident and dealing with the aftermath can be overwhelming. A skilled attorney can help you negotiate with insurance companies, gather data from car computers and talk to witnesses to ensure the truth reaches the court. A strong advocate stops the other side from twisting your words or blaming you for an accident you did not cause. This protection ensures you have a fair chance to rebuild your life after a bad injury.  ]]> On Behalf of Dean & Barrett <![CDATA[Co-parenting not going smoothly? We’re here to help you create a co-parenting plan that works]]> https://www.deanandbarrett.com/?p=47460 2026-02-27T07:27:51Z 2026-03-04T07:26:07Z We're here to help you create a co-parenting plan that works. Co-parenting can feel overwhelming when communication breaks down and schedules clash. You want stability for your child, but conflict keeps getting in the way. A clear, detailed co-parenting plan can reduce tension and give your child the structure they need.

Start with a clear parenting schedule 

You need a detailed parenting schedule that outlines where your child will stay on weekdays, weekends, holidays, and school breaks. Vague terms often spark arguments and confusion, so include exact exchange times, locations, and transportation responsibilities. Alabama law encourages frequent and continuing contact with both parents when it serves the child’s best interests (Ala. Code § 30-3-150). When you create a predictable routine, you give your child consistency and reduce unnecessary conflict.

Set rules for communication 

Strong communication keeps small disagreements from turning into larger disputes. Decide whether you will use email, text, or a co-parenting app, and keep all messages focused on your child’s needs. Set clear expectations about response times and emergency procedures so neither parent feels ignored or overwhelmed. Clear boundaries help you maintain respectful discussions and support shared parental responsibilities recognized under Alabama law (Ala. Code § 30-3-150).

Address decision-making authority 

Your plan should clearly explain how you will handle major decisions about education, health care, and extracurricular activities. Alabama courts consider several factors when determining joint custody and shared authority, including each parent’s ability to cooperate (Ala. Code § 30-3-152). Spell out whether you will share decision-making authority or divide responsibilities in specific areas. You should also include a defined method for resolving disputes, such as mediation, to prevent repeated court involvement.

Plan for changes and enforcement 

Life changes can affect any co-parenting arrangement, so your plan should account for reasonable modifications. Alabama courts allow custody changes when a material change in circumstances promotes the child’s welfare (Ex parte McLendon, 455 So.2d 863 (Ala. 1984)). Courts also maintain continuing jurisdiction over custody and visitation orders and can enforce them when a parent fails to comply (Ala. Code § 30-3-5). Clear, specific language strengthens your agreement and protects your child’s routine if conflict arises. A well-crafted co-parenting plan gives you structure, clarity, and direction. When you define expectations and responsibilities in writing, you reduce uncertainty and protect your child’s best interests under Alabama law.]]> On Behalf of Dean & Barrett <![CDATA[It is best not to let a fight ruin your college career]]> https://www.deanandbarrett.com/?p=47452 2026-01-27T13:26:32Z 2026-01-30T13:25:33Z Assault charges can vary in severity Under Alabama law, you have committed assault if you have caused physical injury to someone else, either intentionally, through reckless behavior or carelessly. It does not matter who started the fight or whether there is direct physical contact. The mere threat of harm can be sufficient for an arrest. Assault offenses are divided into three degrees: first-degree and second-degree assault are classified as felonies, while third-degree assault is classified as a misdemeanor. Most college-related fights fall under third-degree assault, which is a Class A misdemeanor. This can include pushing someone during an argument, punching another person or recklessly causing injury. A conviction can result in up to a year in jail and a $6,000 fine.

Penalties beyond the courtroom

A misdemeanor assault conviction can affect your entire future. Many employers conduct background checks, and a criminal record can make it difficult to secure employment. It can also affect housing opportunities when landlords do their due diligence. Some universities may also impose disciplinary actions for students with criminal convictions. These actions could range from suspension to expulsion.

Defense that may apply

If you are accused of assault, you have options to fight the charges. Several defenses can apply to your case:
  • Self-defense: You protected yourself or someone else from imminent danger.
  • Defense of others: You acted to protect another person in a threatening situation.
  • Lack of intent: The injury was accidental, not intentional.
  • Insufficient evidence: The prosecution cannot prove you caused the injury.
  • False accusations: The alleged victim is lying or exaggerating what happened.
The specific facts of your case will determine the strongest defense strategy.

Legal guidance is crucial

The sooner you address the charges, the more options you may keep available—diversion, reductions or other outcomes that depend on the facts and your record. Often, it is best not to guess the most effective defense on your own. Consider enlisting the help of a skilled attorney to assess your defenses, protect your rights and aim for a resolution that keeps future opportunities intact.]]> On Behalf of Dean & Barrett <![CDATA[How is child support calculated in Alabama?]]> https://www.deanandbarrett.com/?p=47458 2026-01-12T13:51:29Z 2026-01-12T13:51:29Z Child support calculations in Alabama may seem confusing at first, but learning how the process works can make things clearer. Alabama uses statewide guidelines to decide how much financial support a parent should provide after a separation or divorce. These rules focus on income, child-related expenses, and parenting time. When you understand the basics, you can better see how courts reach a fair number.

Alabama child support guidelines

Alabama follows an income shares model for child support. This model looks at both parents’ gross monthly income, including wages, commissions, bonuses, and some benefits. The court combines both incomes to estimate how much support the child would receive if the parents lived together. Each parent then pays a share based on their percentage of the total income. The guidelines also account for expenses tied directly to the child. These expenses may include health insurance premiums, work-related childcare costs, and certain medical needs. Adding these amounts helps the court reach a support figure that reflects real costs.

Adjustments to the guideline amount

Courts can adjust the guideline amount when specific factors apply. If a parent already supports other children, the court may factor that obligation into the calculation. Parenting time also matters. When a parent has substantial overnight time with the child, that schedule may affect the final support amount. Judges may also review unusual expenses or financial situations. For example, costs tied to education or ongoing medical care may justify a change from the standard calculation. These adjustments allow the court to tailor support to the child’s situation.

Changes over time

Child support orders do not stay fixed forever. When income changes or the child’s needs shift, either parent may ask the court to review the order. A job change, new health expenses, or changes in parenting time can support a request for modification. Alabama’s child support system focuses on meeting a child’s needs while balancing both parents’ financial abilities. When you understand how income, expenses, and adjustments work together, the process feels more predictable and balanced.]]> On Behalf of Dean & Barrett <![CDATA[When does an Alabama DUI charge become a felony?]]> https://www.deanandbarrett.com/?p=47453 2025-12-16T17:11:54Z 2025-12-16T07:30:21Z Driving under the influence (DUI) charges may follow targeted traffic stops or collisions. If police officers suspect people of intoxication while driving, they often conduct tests on the side of the road and arrest drivers who fail them.  People arrested for DUI offenses may expect to face misdemeanor charges. Most DUI cases in Alabama are misdemeanors, and many of the drivers accused choose to plead guilty. However, there are specific scenarios in which the state may pursue more serious felony charges against a driver who allegedly displayed signs of impairment or had an elevated blood alcohol concentration (BAC).  What situations might lead to a felony DUI charge? 

1. Multiple recent offenses

Many people who struggle with alcohol abuse may make the same mistakes repeatedly. The penalties the courts can impose increase with each DUI conviction.  When a driver has enough prior offenses, even if they all involve failed tests, rather than harm to others, the prosecutor could bring a felony charge against them. If a motorist faces a fourth or subsequent DUI charge within 10 years, they are likely to face felony charges. 

2. The presence of minor children

The state can bring more serious charges in cases where a person's choices affect others. Parents, older siblings, child care providers and even professionals might drive with children under the age of 14 in their vehicles after drinking.  Anyone arrested for a DUI offense with young children or teenagers in their vehicles could be at risk of more serious penalties . Unlike adults, who can recognize the signs of impairment and assert themselves, children are often at the mercy of their caregivers. The state may aggressively prosecute adults who are under the influence with young minors in their vehicles.

3. Injurious or fatal incidents

In cases where allegedly drunk drivers cause crashes, their choices have consequences for outside parties. If a drunk driver causes a crash where another person dies, prosecutors can bring felony charges against them. Felony charges are also possible when a crash causes serious injuries to others.  Reviewing the circumstances of a recent DUI arrest can help people understand their charges. It may be possible to fight a felony DUI charge. The possibility of future charges can also make fighting a first DUI charge a smart decision. People who understand the law can respond appropriately to pending criminal charges.]]> On Behalf of Dean & Barrett <![CDATA[3 things families should know about wrongful death litigation]]> https://www.deanandbarrett.com/?p=47449 2025-09-09T18:24:26Z 2025-09-12T08:35:28Z 1. Only one party has the authority to file a lawsuit Wrongful death lawsuits allow surviving dependents an opportunity for closure and financial relief after a tragedy. Multiple people may feel the personal and practical implications of a sudden death. However, only one wrongful death lawsuit is typically possible, regardless of how many people felt the consequences of the tragedy. The personal representative of the deceased individual’s estate generally has the obligation to initiate the wrongful death lawsuit. If they are successful, they then distribute resources among surviving dependents after withholding appropriate funds based on the estate's losses and needs.

2. There is a limited window of opportunity

The law requires that plaintiffs pursue wrongful death litigation relatively quickly after a tragedy. Current state statutes only allow survivors two years after the date of a person's passing to initiate a wrongful death lawsuit. Given the possibility of errors or complications arising, beginning the process well before that deadline is usually the best option available. Grieving family members may need to communicate with one another and with an attorney to evaluate if they can take legal action. A successful wrongful death lawsuit can diminish the economic harm caused by a tragedy and can provide families with a sense of closure as well.]]> On Behalf of Dean & Barrett <![CDATA[The consequences of a misdemeanor charge: Why you need a skilled defense lawyer]]> https://www.deanandbarrett.com/?p=47447 2025-09-02T05:46:38Z 2025-09-05T05:46:08Z A misdemeanor might appear insignificant at first glance, but its repercussions can be far-reaching. Even a single charge can alter your life in ways you didn’t anticipate. That’s why working with a skilled defense lawyer can significantly affect your outcome.

How a misdemeanor can follow you

A misdemeanor often appears on background checks for many years. Employers, landlords, and academic institutions may see it and form negative impressions. One misstep can lead to missed job opportunities or denied housing. Certain charges, like theft or assault, can especially impact how others perceive your character. In many jurisdictions, you cannot seal or expunge a misdemeanor record right away. This means the offense remains public longer than you might expect. Even after paying a fine or completing probation, the mark doesn’t automatically disappear. A skilled defense lawyer can explain your legal options and work to shorten the long-term effects.

Penalties go beyond fines and jail

You might assume that a misdemeanor results in only a fine or brief jail time. However, consequences often extend further. Some offenses require community service, mandatory probation, or enrollment in treatment programs. These obligations cost both time and money, and failing to meet them can cause additional legal trouble. Certain misdemeanors may also lead to the suspension of your driver’s license or loss of firearm rights. If you work in regulated industries such as healthcare, education, or public safety, a conviction might affect your professional license. A defense lawyer helps safeguard your rights and future employment.

Future opportunities may shrink

Misdemeanor convictions can narrow your choices for years. You might lose eligibility for financial aid or face difficulties with immigration status. Some professions automatically disqualify applicants with criminal records, especially if background checks are routine. Even if you complete your sentence, the record can continue to influence hiring decisions. Employers may hesitate to offer opportunities, even without saying so. A skilled defense lawyer works to reduce these barriers and preserve your options. A misdemeanor isn’t something to take lightly. It can determine where you live, where you work, and what freedoms you retain. One charge can follow you for years if not handled correctly. Hiring a skilled defense lawyer helps you respond effectively and protect your future.]]>