Criminal Defense Attorneys in Birmingham, AL

Charges filed in Jefferson County after a Birmingham arrest, from DUI to felony accusations, move quickly and carry serious consequences. A licensed Alabama criminal defense attorney practicing in Birmingham will review your case free of charge.

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How we match your Birmingham criminal defense case

When you submit a Birmingham criminal defense matter, we route it through a national network of independent partner firms and put it in front of the one that fits best — based on the kind of case it is, what it is likely to involve, where it has to be handled, and who has capacity to take it on now.

Case type

A criminal defense matter needs someone who handles criminal defense work day to day, not a generalist. Practice area is the first filter.

Size and complexity

Some firms are built for catastrophic injury and multi-party litigation; others resolve straightforward claims quickly. We weigh what your matter is likely to involve against how each firm actually works.

Jurisdiction and licensing

Your matter is decided under Alabama law, so it goes to an attorney licensed in Alabama who regularly appears where your case would be heard.

Capacity and fit

Availability, conflicts of interest and language all matter. If the best-fit firm cannot take your case, we route it to the next one that can — or tell you plainly when no one in the network is the right answer.

Every partner reviews your case for free. Injury and workers’ compensation matters are handled on contingency — no fee unless you win. Other matters are quoted upfront, before you commit to anything.

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DearLegal provides marketing and matching services and is not a law firm. Submitting a case does not create an attorney-client relationship. Matches depend on case type, jurisdiction and firm availability.

Criminal Defense cases in Birmingham

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Birmingham policing spans downtown nightlife and Five Points South, the UAB campus area, interstate traffic stops along I-20/59 and I-65, and neighborhood patrols across the city, producing everything from DUI and drug possession charges to assault and theft cases. Felonies and appeals from municipal court are handled in the Circuit Court of Jefferson County, with misdemeanors and preliminary matters moving through district and Birmingham municipal court. Some cases, particularly drug and firearms matters, are instead charged federally. DearLegal matches you with an Alabama-licensed attorney who handles criminal defense cases in Birmingham, with a free review.

Felony charges arising in Birmingham are prosecuted in the Circuit Court of Jefferson County, while misdemeanors and city ordinance violations start in district or Birmingham municipal court.
Jefferson County has courthouses in both Birmingham and Bessemer, and which division hears your case depends on where the offense occurred.
Drug, firearms, and fraud cases can be charged federally in the Northern District of Alabama, where procedures and sentencing differ sharply from state court.

Alabama criminal defense rules at a glance

Birmingham cases run under Alabama law. The full walkthrough — timeline, when to call, case types, and what a recovery can include — is on the Alabama page.

Read the full Alabama criminal defense guide →

Felony Statute of Limitations: No limit
No limit for Class A felonies or any felony involving violence; 5 years for most other felonies (Ala. Code § 15-3-1)
Misdemeanor Statute of Limitations: 12 months
12 months for most misdemeanors (Ala. Code § 15-3-2)
Sentencing Structure: Determinate sentencing
Determinate sentencing under Ala. Code § 13A-5-6, with presumptive sentencing guidelines from the Alabama Sentencing Commission for nonviolent felonies
Expungement / Record Sealing: Ala. Code § 15-27-1
Ala. Code § 15-27-1 et seq. — expanded 2021 to include some misdemeanor and felony convictions, but pathway remains narrow compared to most states
Bail / Pretrial Release: Bail set
Bail set under Ala. R. Crim. P. 7; Aniah’s Law (2022 constitutional amendment) allows judges to deny bail for certain violent offenses
Typical attorney fee: Hourly
Hourly / Flat Fee

Exhibit D

How much do Birmingham criminal defense attorneys cost?

Typical fee schedule

Alabama · Criminal Defense

Fee modelHourly / Flat Fee

Feequoted per petition or matter

Filing costsitemized upfront

Case reviewFree

Illustrative only. Your fee terms are set in a written agreement with your attorney and may include costs and expenses regardless of outcome.

Criminal Defense matters in Alabama are usually a flat fee per filing — quoted before you commit, not billed by the hour.

Criminal defense attorneys in Alabama work on hourly or flat-fee arrangements — contingency fees are prohibited in criminal cases under ABA Model Rule 1.5(d) and the Alabama Rules of Professional Conduct. Flat fees are common for misdemeanors and many felonies; complex cases (homicide, multi-count federal, lengthy trials) typically use hourly billing with a retainer. Many attorneys offer payment plans and most provide a free initial consultation.

A good attorney walks through every number at your free consultation — before you sign anything.

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Exhibit F

Birmingham criminal defense questions, answered

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Felony charges go to the Circuit Court of Jefferson County, while misdemeanors and city ordinance charges usually begin in district or Birmingham municipal court, with municipal convictions appealable for a new trial. Jefferson County also has a Bessemer division covering part of the county. An attorney can confirm which court and judge your case sits before.

You have the right to remain silent and to counsel, and statements made during questioning are commonly the strongest evidence prosecutors use later. Declining to answer questions is not an admission of anything. An Alabama attorney can deal with investigators for you and advise before any interview.

Alabama allows expungement in certain circumstances, generally tied to how the case ended and the type of charge, and eligibility rules are narrow and detail-specific. Deadlines and waiting periods vary, so do not assume you are or are not eligible. An Alabama attorney can review your case history and confirm what relief is available.

No. Politely decline and ask for a lawyer. Alabama officers can and will use anything you say — including off-the-cuff statements at the scene — in front of a grand jury or trial jury. Miranda warnings only apply during custodial interrogation, so casual conversation is fair game. You have the right to remain silent under the Fifth Amendment and Article I, Section 6 of the Alabama Constitution. Use it.

Yes. Even a Class A misdemeanor in Alabama can carry up to a year in jail, a $6,000 fine, and a permanent record that shows up on background checks. Many Alabama counties offer pretrial diversion or deferred prosecution programs that an experienced attorney can negotiate — but only if you ask before pleading. A guilty plea forecloses those options.