WALKER COUNTY, Ala. (WIAT) — The embattled sheriff of Walker County is countering prosecutors’ claims on the penalty of the crimes he is charged with, alleging they were purposefully misstated to sway the upcoming election next year.

On Monday, Sheriff Nick Smith was indicted on charges related to hiring six men as deputies who weren’t certified by the Alabama Peace Officers Standards and Training Commission. Likewise, Chief Deputy Ralph Williams was charged with lying to the APOSTC about firing a deputy who was still on the force.

Specifically, Smith is charged with six counts of violating article of standards for employing law enforcement officers. According to the Code of Alabama, the charge is a misdemeanor subject to fines of no more than $1,000.

During a press conference announcing the charges against Smith, however, District Attorney Bill Adair claimed the charges could result in up to three months in jail and a $500 fine on each charge.

“That it is the belief of Sheriff Smith that the District Attorney has purposely misstated/overstated the penalty for the charges against the Sheriff for the express purpose of negatively influencing potential voters in the upcoming election,” wrote Thomas Carmichael, Smith’s attorney.

Following the indictment, which he called “lawfare” and a “political arrest,” Smith accused Adair of going after him to help J.C. Poe, chief of the Jasper Police Department who is running against him in an election to be held November 3, 2026. Responding to Smith’s accusations, Adair said the sheriff was living in an “alternate reality.”

Carmichael has requested that the penalty for the charges against Smith be certified to reflect no jail time and no more than a $1,000 fine.

The case is ongoing.