J. Alan Baty

“For individuals charged with a crime, the first step in gaining control of their situation is knowledge.”

Alan Baty’s experience as a prosecutor and defense attorney has taught him that in order to get the best outcome, clients need attorneys who not only know the law but also the prosecutors, law enforcement officers, and judges.

Alan’s extensive trial experience and interactions with law enforcement make him uniquely qualified to guide clients through every step in the criminal justice process. First, he helps his clients understand what happened to them, using his insight into the hidden workings of law enforcement and the prosecutor’s office. He then thoroughly explains the criminal justice process, so his clients know what to expect at every stage of a case. Alan empowers clients with a deeper understanding of their circumstances, so they are better equipped to make decisions and assist in their defense.

“One bad decision does not determine your worth.”

Alan Baty represents clients charged with white collar violations, theft, DUI, drug possession and other crimes in state, federal and municipal courts all over Alabama. He also helps clients fight asset seizures by the government.

Alan’s work with Frohsin, Barger and Walthall includes helping whistleblower clients use the False Claims Act to expose fraud committed on the federal government. He also represents individuals and small business owners in dealing with federal, state and local governments in matters involving grand jury subpoenas, pre-charge investigations, licensing, antidumping tariffs, and securities law violations.

“Whenever the government is involved in your life, whether it relates to potential criminal charges, securities violations or asset seizures, it is always better to get legal counsel early.”

Retaining counsel early can significantly impact the outcome of investigations in cases not yet charged, can help someone already charged with DUI retain the right to drive, and can protect property rights when assets have been seized.

Alan Baty’s Experience

In private practice, Alan has fought for individuals, business owners and corporate executives in various matters:

  • white collar violations
  • asset seizures
  • theft, DUI, drug possession
  • whistleblower litigation
  • securities investigations
  • directors and officers insurance coverage

Of particular note, Alan obtained favorable antidumping rulings for two small businesses, protecting them from harsh tariffs and penalties imposed by the U.S. Department of Commerce. He also helped an engineering firm successfully fight civil fraud claims.

Alan handled over a thousand criminal cases ranging from drug possession to capital murder while serving more than eleven years as a Deputy District Attorney. He tried over 75 felony jury trials, litigated hundreds of drug and gambling asset forfeiture cases in civil court, and oversaw numerous investigations and prosecutions of white collar and high profile violent crimes. Alan also prosecuted cases involving complex criminal enterprises and served as a Special Assistant United States Attorney for a multi-agency law enforcement initiative.

Prior to his work as a prosecutor, Alan practiced as a litigation associate at a major Birmingham law firm. While there, he handled mass insurance sales fraud litigation and assisted a widow in obtaining a $3,000,000 judgment in an estate embezzlement case in which he spearheaded subsequent collection efforts.

Alan serves as an adjunct professor at Cumberland School of Law where he teaches basic trial advocacy skills. He also taught Legal Ethics at the Birmingham School of Law.

Recognition by other attorneys and judges

Alan’s work as a prosecutor and defense attorney earned him a Martindale-Hubbell AV Preeminent® rating by judges and other attorneys.  For four consecutive years, Birmingham attorneys voted Alan one of the top five state and federal prosecutors. Since returning to private practice with Frohsin, Barger & Walthall, Alan has been rated a Top Attorney in Birmingham. Alabama judges and prosecutors have trusted Alan to brief them on new case law and lead discussions on emerging criminal law issues at annual association conferences. During his tenure as a prosecutor, law enforcement agencies regularly relied on Alan to train officers and detectives on constitutional issues involving interrogations and search and seizure.

State of Alabama

Northern District of Alabama

Middle District of Alabama

University of Alabama School of Law

Juris Doctor, 1997, magna cum laude

Alabama Law Review, Managing Board (Alabama Editor)

Auburn University

Bachelor of Science (Finance), 1994, summa cum laude

Named Most Outstanding Graduate in the College of Business

Martindale-Hubbell AV Preeminent® rating by judges and peers

Named a Birmingham Top Lawyer, B-Metro Magazine (2016 and 2017)

Selected by fellow Birmingham attorneys as one of top five state and federal prosecutors in Birmingham (2010-2013, Birmingham Magazine)

Alabama State Bar Leadership Forum, Class 6 (2010)

Birmingham Bar Association: Judicial and Legal Reform Committee (past) Criminal Justice Section (present), Chair of Speakers Bureau (past)


Criminal Law Update, Alabama Circuit Judges and District Judges Winter and Summer Conferences (2008-2017) and Alabama District Attorneys Association’s Winter and Summer Conferences (2008-2013)

Tips from the Prosecutor, Criminal Defense Strategies CLE, 2014

Prosecutorial Liability and Immunity, Jefferson County DA’s Office retreat, 2009

Civil Practice in the District Attorney’s Office, Alabama District Attorney’s Association: Summer Conference 2007

The District Attorney’s Office, Indigent Counsel Seminar sponsored by the Greater Birmingham Criminal Defense Lawyers: June and November 2004 to 2012

Courtroom Procedures and Effective Testimony, Birmingham Police Academy: April 2004, March 2005

Writing Reports and Effective Testimony, Alabama Division of the International Association for Identification: May 2004

Courtroom Procedures and Effective Testimony, Jefferson County Sheriff’s Academy: August and September 2005

Speaker for Criminal Law Class of Prof. Pam Bucy Pierson, Univ. of Ala. School of Law: Sept. 2002, Sept. 2004, Oct. 2007

Writing Reports and Effective Testimony, Alabama Division of the International Association for Identification: May 2004

Comment, Alabama’s Stalking Statutes: Coming Out of the Shadows, 48 Ala. L. Rev. 229 (1996)


Adjunct Professor, Basic Skills in Trial Advocacy, Cumberland Law School, 2005-current

Adjunct Professor, Legal Ethics, Birmingham School of Law, 2006

Adjunct Professor, Court Procedures, Jefferson State Community College, 2010