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drug possession / distribution
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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.
- Illegal
Narcotics / Marijuana
Possession
- Possession
with Intent to Distribute
- Trafficking
/ Sales of Controlled Substances
- Manufacturing
- Enhanced
offenses due to the presence of a child
Crack Methamphetamine
(Crystal Meth)
Ice
/ Glass
Cocaine
Heroin
Marijuana
Prescription
Drugs (such as Morphine, Codeine, Vicodin, Percodan,
OcyContin, Xanax, Benzos)
Drug Paraphernalia
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.
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