7525 Memorial Pkwy SW, Suite D, Huntsville, Alabama 35802

(256) 929-6555

(256) 929-6555

  • HOME
  • ABOUT
  • PRACTICE AREAS
    • CRIMINAL DEFENSE
    • PERSONAL INJURY/CAR WRECK
    • CONTRACT DISPUTES
  • CONTACT US
  • RESOURCES
  • MAKE A PAYMENT
  • More
    • HOME
    • ABOUT
    • PRACTICE AREAS
      • CRIMINAL DEFENSE
      • PERSONAL INJURY/CAR WRECK
      • CONTRACT DISPUTES
    • CONTACT US
    • RESOURCES
    • MAKE A PAYMENT
  • HOME
  • ABOUT
  • PRACTICE AREAS
    • CRIMINAL DEFENSE
    • PERSONAL INJURY/CAR WRECK
    • CONTRACT DISPUTES
  • CONTACT US
  • RESOURCES
  • MAKE A PAYMENT

MICHAEL A. VARCHETTA ATTORNEY AT LAW, LLC

MICHAEL A. VARCHETTA ATTORNEY AT LAW, LLCMICHAEL A. VARCHETTA ATTORNEY AT LAW, LLCMICHAEL A. VARCHETTA ATTORNEY AT LAW, LLC

CRIMINAL DEFENSE PERSONAL INJURY CONTRACT LITIGATION

CRIMINAL DEFENSE PERSONAL INJURY CONTRACT LITIGATIONCRIMINAL DEFENSE PERSONAL INJURY CONTRACT LITIGATIONCRIMINAL DEFENSE PERSONAL INJURY CONTRACT LITIGATION

CRIMINAL DEFENSE

Criminal Defense

Facing criminal charges is a stressful and overwhelming experience. I know that criminal charges have a significant negative impact on your life, both in the short term and the long term. This firm is committed to providing results driven criminal defense. 


Conducting a thorough investigation of the facts of your case and the applicable law is critical to developing a strategic defense that leads to the best possible outcome in your case. 


HOW TREATMENT PROGRAMS CAN  HELP

The vast majority of criminal cases arise as a result of drug addiction. The completion of a drug treatment program is very often a necessary component to gaining a favorable result in many of my client's cases. 


It is becoming the norm for courts to allow defendants with pending charges in Madison County/Huntsville to be released from jail directly to a treatment program. Having strong ties to the local recovery community, I am well positioned to advocate for my clients in this regard. 


I handle a wide range of criminal cases, including but not limited to:


DUI

Drug Crimes

Theft

Burglary

Robbery

Assault

Domestic Violence

Sex Crimes

Juvenile Offenses

Probation Violations

Expungements

Pardons


If you or someone you know is facing criminal charges, contact me for a consultation. 

DUI

The legal limit for blood alcohol concentration (BAC) in Alabama is 0.08% for drivers over the age of 21. For commercial drivers, the legal limit is 0.04% and for drivers under the age of 21, the legal limit is 0.02%. If a driver is found to have a BAC over the legal limit, they may be charged with DUI.


In Alabama, DUI is a misdemeanor offense for a first offense, but it can result in severe penalties, including fines, license suspension, and even jail time. The penalties for a DUI in Alabama increase for subsequent offenses, with mandatory jail time for a third or subsequent offense.

DRUG CRIMES

Drug crimes are taken very seriously and can result in significant penalties, including incarceration, probation, and fines, probation. 


The most common drug offenses are: Possession of Drug Paraphernalia, Possession of Controlled Substance, Distribution of a Controlled Substance, and Drug Trafficking. 

THEFT

Theft crimes are offenses involving the unauthorized taking or withholding of property or services from another person, without their consent or permission. Theft crimes in Alabama are categorized into several degrees based on the value of the property stolen and the circumstances surrounding the theft.


Alabama law also criminalizes specific theft-related offenses, such as receiving stolen property, theft by deception, and theft of lost or mislaid property. The penalties for these offenses vary depending on the circumstances of the crime.

BURGLARY

Burglary is a criminal offense that involves unlawfully entering or remaining in a building or structure with the intent to commit a crime.  Burglary is considered a serious crime in Alabama and is punishable by significant legal consequences.

ROBBERY

Robbery is a serious criminal offense that involves the use of force or threat of force to take property from another person. It is important to understand the various degrees of robbery and the penalties associated with each offense.


Alabama law also criminalizes specific offenses related to robbery, such as carjacking and home invasion. The penalties for these offenses vary depending on the circumstances of the crime.

ASSAULT

Assault involves the intentional or reckless threat of physical harm to another person.


Alabama law also criminalizes specific offenses related to assault, such as domestic violence and assault on a law enforcement officer. The penalties for these offenses vary depending on the circumstances of the crime.

DOMESTIC VIOLENCE

Domestic violence involves the use of physical force or threat of physical force against a family or household member.


Alabama law also criminalizes specific offenses related to domestic violence, such as strangulation and stalking. The penalties for these offenses vary depending on the circumstances of the crime.

SEX CRIMES

Sex crimes are serious offenses in Alabama that involve sexual misconduct, exploitation, or abuse. These crimes can have severe consequences, including imprisonment, fines, and sex offender registration. 

PROBATION VIOLATIONS

Probation is a common alternative to incarceration in Alabama that allows offenders to serve their sentence while remaining in the community under specific conditions. When an individual is placed on probation, they are required to comply with various conditions such as reporting to a probation officer, attending counseling, and avoiding certain people or places.


If a probationer violates the terms of their probation, they may face additional consequences, including imprisonment, fines, or extension of their probation period. In Alabama, probation violations can be reported by a probation officer, law enforcement, or the victim.


When a probation violation is reported, the probation officer will investigate the violation and submit a report to the court. The probationer will then be notified of the alleged violation and given a hearing to respond to the charges.


If the probationer is found to have violated their probation, the court may revoke their probation and impose additional penalties, such as imprisonment, fines, or community service. The court may also modify the terms of the probation or order the probationer to participate in additional counseling or treatment programs.

PARDONS

In Alabama, a pardon essentially forgives an individual for a past criminal offense and restores certain rights and privileges that were lost as a result of the conviction.

To be eligible for a pardon in Alabama, the individual must have completed their sentence and must have demonstrated good conduct and a commitment to rehabilitation since the conviction. 


The Alabama Board of Pardons and Paroles is responsible for reviewing pardon applications and making recommendations to the governor. The board considers a variety of factors when making its recommendation, including the nature and severity of the offense, the individual's criminal history, and the individual's conduct and achievements since the conviction.


It's important to note that a pardon does not automatically expunge the individual's criminal record. However, a pardon can be helpful in obtaining employment or housing and in restoring certain rights, such as the right to possess a firearm. 

EXPUNGEMENTS

Alabama expungement law allows individuals with certain criminal records to petition the court to have their records expunged, which means that the records are either destroyed or sealed from public view. Expungement allows individuals to legally deny the existence of the expunged records and can help them move on with their lives without the burden of a criminal record.


To be eligible for expungement in Alabama, the individual must have been arrested but not charged, found not guilty, or had their case dismissed. Additionally, certain misdemeanor and non-violent felony convictions may also be eligible for expungement, provided that a certain amount of time has passed since the completion of the sentence and the individual has not been convicted of any other crimes.


It's important to note that not all criminal convictions can be expunged in Alabama. For example, violent offenses, sex crimes, and drug trafficking convictions are not eligible for expungement.


If an individual meets the eligibility criteria, they can file a petition for expungement in the court where the case was heard. The court will then review the petition and make a decision on whether to grant the expungement. It's recommended that individuals seeking expungement consult with an experienced attorney to ensure that their petition is properly filed and argued in court.


Overall, Alabama's expungement law provides a second chance for individuals who have made mistakes in their past but have since turned their lives around. Expungement can help these individuals move forward and overcome the stigma of a criminal record.


7525 Memorial Parkway S.W., Suite D

Huntsville, AL 35802

Phone: (256) 929-6555

Fax: (256) 929-6555

Email: michael@mavlawfirmllc.com


Legal Disclaimer:

No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. 


Copyright © 2024 Michael A. Varchetta, Attorney at Law, LLC - All Rights Reserved.  

  • MAKE A PAYMENT

Powered by

This website uses cookies.

We use cookies to analyze website traffic and optimize your website experience. By accepting our use of cookies, your data will be aggregated with all other user data.

Accept