drug possession / distribution
Being charged with a criminal drug violation can, and usually is, very harsh on offenders -- even if you’re a first time offenders. Drug offenses often lead to permanent criminal records which will affect future employment and your ability to pursue the career of your choice. Penalties tend to be even more severe when a violation occurs near a school or where minors are involved. If you have had a prior drug conviction the penalties are steeper.
Crack Methamphetamine (Crystal Meth)
- Illegal Narcotics / Marijuana Possession
- Possession with Intent to Distribute
- Trafficking / Sales of Controlled Substances
- Enhanced offenses due to the presence of a child
Ice / Glass
Prescription Drugs (such as Morphine, Codeine, Vicodin, Percodan, OcyContin, Xanax, Benzos)
In many cases law enforcement “over charge” those with drug charges in order to obtain a felony guilty plea. For example, those charged with distribution on cases where a confidential informant was used but not available for trial, or where the elements of distribution are lacking, the case might be weak to get a conviction. Nevertheless, the grand jury may still indict on the more serious of charges putting the one charged in a position of having to ‘plead down’ when in fact the charges may be worth fighting to get a dismissal. In addition, sometimes the crime lab where the substances were tested to identify the drug either lose the sample, or cannot otherwise satisfy the “chain of custody” requirement necessary for the evidence to be admitted at trial. No plea should even be considered until the lab results are obtained. Recent changes in the law now require the lab produce someone to actually testify in court in lieu of just sending the report in to be admitted as in the past. Doing so violates one’s right to confront witnesses as afforded under the U.S. & Alabama Constitutions.
If you're facing drug possession or distribution charges in Alabama, you need smart and aggressive legal representation. Please contact Attorney Steven F. Long on DRUG POSSESSION/DISTRIBUTION, to discuss any further and specific questions you may have.
Let me evaluate the facts of your case to:
1. Negotiate with the prosecutor on your behalf for reduced charges or favorable sentencing;
2. Arrange for your assessment for treatment, participation in counseling and community service in an effort to show the court that you a positive attitude to help yourself;
3 Have illegally collected evidence suppressed.
4. Take your case to trial if necessary to protect your rights.
ALABAMA LAWS ON DRUG POSSESSION & DISTRIBUTION:
Unlawful possession or receipt of controlled substances.
(a) A person commits the crime of unlawful possession of controlled substance if:
(1) Except as otherwise authorized, he possesses a controlled substance enumerated in CONTROLLED SUBSTANCES/DRUG Schedules I through V within the Code of Alabama.
(2) He obtains by fraud, deceit, misrepresentation or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in CONTROLLED SUBSTANCES/DRUG Schedules I through V within the Code of Alabama.
(b) Unlawful possession of a controlled substance is a Class C felony.
Unlawful distribution of controlled substances.
(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in CONTROLLED SUBSTANCES/DRUG Schedules I through V within the Code of Alabama.
(b) Unlawful distribution of controlled substances is a Class B felony.
Unlawful possession of marijuana in the first degree.
(a) A person commits the crime of unlawful possession of marijuana in the first degree if, except as otherwise authorized:
(1) He possesses marijuana for other than personal use; or
(2) He possesses marijuana for his personal use only after having been previously convicted of unlawful possession of marijuana in the second degree or unlawful possession of marijuana for his personal use only.
(b) Unlawful possession of marijuana in the first degree is a Class C felony.