Opelika Rape Cold Case Arrest Could Have Legal Problems

Posted by Steve Eversole | May 24, 2011 | 0 Comments

Alabama Attorney General Luther Strange recently announced the arrest of an Opelika man in connection with a 1995 rape and kidnapping, the Ledger-Enquirer reports.

The newspaper reports that the 34-year-old man, who would have been around 18 at the time, was indicted by a grand jury and charged with first-degree kidnapping, first-degree rape and first-degree sodomy.

These are charges that are punishable by up to life in an Alabama prison and Birmingham criminal defense lawyers are prepared to fight such serious charges every day. Alabama sexual assaults and rapes, especially those involving kidnapping, require an attorney who can attack all aspects of the state's case, including DNA evidence, witness statements and police reports.

While the Attorney General didn't release very much information to the public, what was said is interesting. According to an Opelika police source, the sexual assault happened in an "unknown" location. According to news reports, the woman was taken to a police station after someone picked her up on the side of the road.

Prosecutors not knowing where the crime was committed brings up what could be a strong point for the defense. To be convicted of a crime, a person must be tried in the county in which the crime was committed. According to the  Alabama Code, a grand jury doesn't have to know the location of the offense, but "it must be proved, on the trial, to have been committed within the jurisdiction of the county in which the indictment is preferred."

And by news reports stating that the woman was picked up on the side of the road and driven to a police station, it's unclear what her state of mind was and whether she will have the ability to effectively testify against the defendant some 16 years later.

Birmingham defense lawyers have been defending sex crime suspects for years. These types of crimes bring with them harsh words from the public, even before a trial happens. By law, they can be punishable by decades or life in prison, require defendants to register as a sexual offender for life and stay on their criminal record forever.

Therefore, these types of serious crimes require a serious defense team. You can lose your job, professional licenses, have to wear electronic monitoring, tell your neighbors about your conviction and otherwise be humiliated. You have a lot to lose, so don't talk to law enforcement until Steven Eversole is by your side.

If you need to speak with a criminal defense attorney in Alabama, contact attorney Steven D. Eversole at 205-981-2450 for a free consultation.

About the Author

Steve Eversole

Admitted to practice in All State and Federal Courts in Alabama: AllAlabama State Courts, Alabama Supreme Court, Alabama Court of Appeals,Northern...

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