In Alabama, drug trafficking has to do with the quantity or weight of certain controlled substances that a person either sells, delivers, or brings into the state and who is in actual or constructive possession of that drug.
Being found with or bringing certain quantities of controlled substances into the state of Alabama can be described as trafficking.
Therefore, when a person crosses a state line, he or she is breaking both federal and state law and could face dual prosecutions in a drug trafficking case. In Alabama, drug trafficking is taken very seriously in that transporting and bringing into the state high quantities of controlled substances does endanger the public.
Due to the severity of this offense and the aggressiveness with which it is prosecuted it is imperative any facing this charge consult with an experienced Alabama drug trafficking lawyer as soon as possible.
An experienced drug attorney can assist in building a defense and mitigating the damage associated with an accusation. In order to be classified as drug trafficking in Alabama, under state laws, the accused person needs to have either sold, delivered, or transported into the State of Alabama over:.
These amounts for state criminal charges are also classifications that exist under federal laws. Federal laws have concurrent jurisdiction with state law. One of the most vital legal services for criminal defense lawyers fighting the crime of unlawful possession or drug trafficking is to try to have the federal case not be pursued, in favor of letting the State of Alabama handle it. Often in Alabama, a charge that is associated with drug trafficking includes possession of a firearm.
The presence of a weapon increases the mandatory sentence up to five additional years. Sometimes, simple traffic violations may lead to a drug trafficking prosecution where someone is stopped for an expired tag or improper tag light. The law enforcement agency searches and ultimately finds a large quantity of a controlled substance.
Two main ways exist for how Alabama law enforcement tries to crack down on drug trafficking. First are the interstate drug and addiction units that have highly trained and specialized law enforcement officers and canine units that patrol the interstates that intersect through the state of Alabama, such as I, I, and I, which are corridors from drug producing states such as Texas and Florida.
Marijuana possession still leads all arrests. The drug-sniffing dogs alert quickly for marijuana. However, an AL weed lawyer usually deals with only state laws for such possession cases. The other way that law enforcement in Alabama cracks down on drug trafficking is developing low-level sources such as people that are caught to be in possession or smaller quantities of possession with intent to distribute and trying to turn them in the confidential informants to get to the higher levels of the actual drug traffickers.
In almost all drug trafficking cases in Alabama, multiple defendants are involved. Typically, law enforcement only has contact with one person transporting the controlled substance. But at that point in time, depending on the cooperation of the defendant, it cannot be found that multiple other parties are involved in the organization.
In drug trafficking cases in Alabama with multiple defendants, the inclusion of other defendants can impact the case by cooperation agreements. Many times, the first person to cooperate gets mitigated sentences or lessened sentences versus the persons that decide not to cooperate and take their chances at trial, who, if convicted, face higher penalties. So, early action by your AL drug attorney may garner a lighter sentence for our client under the drug court program in Alabama.
An AL drug court can also permit reduction of your charge to possession and not trafficking. Therefore, if there are multiple defendants, it is important to have an Alabama drug trafficking lawyer present and negotiate with the district attorney and with the state to try to mitigate penalties or possibly even be granted immunity from prosecution in their cooperation in prosecuting the case.
It is very important to understand that drug trafficking charges in Alabama carry a minimum mandatory prison sentence.
ALABAMA DRUG CHARGES – OVERVIEW
Therefore, the quality of legal services is critically important in such cases. Hiring an experienced and knowledgeable Alabama drug trafficking attorney is paramount for anyone facing a drug trafficking charge in Alabama.
Probation is not an option when facing these types of serious drug offenses. The only option and proven way to avoid a prison sentence is by hiring an experienced drug attorney. If police implied consent drug tests reveal the presence of a controlled substance in your blood, the punishments can be harsher than for drunk driving. Always a FREE lawyer consultation. Ask our law office about payment plans. Call us at for legal assistance. Acting quickly is highly important for best results.
Practice Areas.In That equates to more than 1. There are several Alabama laws, included in the Criminal Code, that relate to the prohibitions against the unauthorized possession or distribution of controlled substances. So, which drugs are considered controlled substances, under the law? According to criminal law, drugs that have been determined to be dangerous, habit-forming, or otherwise inappropriate for use without a prescription, are designated as controlled substances.
There are federal laws that were enacted for the purpose of categorizing these controlled substances, based on the factors such as their medical benefits and their potential for abuse. The benefit of categorizing controlled substances into schedules is that criminal statutes can be written to apply to entire categories of drugs, based on their harmful nature. This system eliminates the need to list all substances covered by a particular law. The most dangerous or harmful controlled substances are identified in Schedule I.
Drugs with the following characteristics are included in Schedule I:. No prescriptions may be written for these Schedule I substances. Although marijuana is also a controlled substance, it is governed by a separate criminal statute in Alabama. If you have questions regarding controlled substances, or any other criminal defense matters, contact Ketcham Law at When you have been arrested for a criminal offense, you want an attorney who understands the charges against you, the penalties you face and the options you have for defending yourself.
What is a controlled substance? Definition of a controlled substance According to criminal law, drugs that have been determined to be dangerous, habit-forming, or otherwise inappropriate for use without a prescription, are designated as controlled substances.
The schedules of controlled substances The benefit of categorizing controlled substances into schedules is that criminal statutes can be written to apply to entire categories of drugs, based on their harmful nature. Drugs with the following characteristics are included in Schedule I: high potential for abuse no currently accepted medical use in treatment in the United States lack of accepted safety for use of the drug or other substance under medical supervision No prescriptions may be written for these Schedule I substances.
This entry was posted in Drug PossessionDrug Trafficking. Bookmark the permalink. About Us When you have been arrested for a criminal offense, you want an attorney who understands the charges against you, the penalties you face and the options you have for defending yourself.
I have read and understand the disclaimer. Ketcham Law.Bradford Ladner, LLP. A person commits the crime of unlawful possession of a controlled substance, or an Alabama drug possession charge if they possess a controlled substance which is listed in a list of controlled drugs and substances in the Alabama Code.
The mere possession of any drug or controlled substance listed in the schedules is unlawful possession of a controlled substance and is punished as a Class C felony in Alabama. Alabama drug possession charges can also be the result of obtaining or attempting to obtain a controlled substance by fraud, deceit, misrepresentation, or the alteration of a prescription.
In such circumstances the crime is also charged under the Alabama drug possession charges statute, and is also a Class C felony. Alabama drug possession charges cover the possession of illegal drugs as well as legal medications which are illegally possessed.
The statute certainly covers the possession of such things as methamphetamine, cocaine, crack, ecstasy, or heroin. An Alabama drug possession charge can be based on the mere possession of a single Xanax or other prescription medication. The possession of marijuana is treated differently than the possession of other controlled substances in Alabama. Possession of marijuana is treated by different statute. In addition, being convicted of an Alabama drug possession charge results in a felony on your record, the loss of voting privileges, and the loss of your right to possess a firearm.
Conviction on Alabama drug possession charges can also result in the loss of your drivers license driving privileges for a period of time. In addition under Alabama law conviction on Alabama drug possession charges carries special fines, fees, and costs which the court would impose upon your conviction.
Further, Alabama drug possession charges can result in treatment under the Alabama habitual offender. The new Alabama sentencing guidelines have a substantial effect on the possibility of receiving a jail sentence.
For more information on the new Alabama sentencing guidelines please visit www. Typically to be eligible for drug court your Alabama drug possession charges must be your first criminal charges. Under the typical Alabama County drug Court system, you would undergo treatment, drug testing, drug education, and other monitoring for a period of time between six months and a year.
During this time you would make payments toward the cost of treatment, testing, and classroom drug education, as well as making payments on all court fines and fees. If you successfully complete a drug court program your charges may be dismissed. More Information On Drug Court. Alabama drug possession charges are a serious matter.
Conviction of an Alabama drug possession charge could lead to your incarceration, thousands of dollars in fines and court costs, having a felony on your permanent criminal record, loss of driving privileges, and the placing of yourself in danger of treatment as a habitual offender in the event of any future criminal charges.
It is recommended that you seek experienced counsel from an Alabama criminal defense lawyer immediately upon being charged with any Alabama drug possession charges. As you are aware, the current pandemic has created a host of issues affecting our clients and the courts.
In an effort to keep our clients and potential clients abreast of how Bradford Ladner LLP is handling matters during this health crisis, we offer the following […]. William K. Bradford won a federal forfeiture case for the return of over a quarter of a million dollars to the client. The victory came after a five day federal forfeiture trial in federal court […]. Emanuel Street Mobile, AL info bradfordladner. Ladner visit superlawyers.Sale within 3 miles of a school or a public housing project is an additional felony punishable by an additional sentence of 5 years imprisonment.
Cultivation in Alabama is punished as either simple possession or as possession with intent to distribute, depending on the amount of marijuana being produced and other factors that may lead to the conclusion that the marijuana was being grown for reasons other than strict personal use.
See the "Possession for Personal Use" section for further penalty details. Unlawful manufacture of a controlled substance in the 2nd degree.
Drug Penalties | Minimum Mandatory Sentencing
The manufacturing of a controlled substance under Schedules I. Unlawful manufacture of a controlled substance in the second degree is a Class B felony. Unlawful manufacture of a controlled substance in the 1st Degree. Unlawful manufacture in the 2nd Degree AND any of the following two:.
The sale, cultivation, or manufacture of 2. Possession of a Schedule I substance is a Class C felony. A conviction for a Class C felony results in a sentence of 1year and one day to 10 years. This differs from Alabama's treatment of marijuana because with hashish there is no lesser penalty for personal use.How to Get Felony Charge Reduced to Misdemeanor
Possession of hashish or concentrates in Alabama will be a Class C felony even if the compound would have been for personal use. Manufacture of hashish and THC concentrates are considered manufacture of a controlled substance in the second degree which is punishable as a Class B felony. The possession of equipment or materials with the intent to manufacture a controlled substance is included under the charge of manufacture.
Manufacture of a Schedule I substance is a Class A felony if two or more of these factors are met:. Sale, furnishing, or giving a Schedule I substance by a person over 18 to a person under 18 is a Class A felony, punishable by a term of imprisonment between years and a fine no greater than 60, or twice the value of the concentrate involved. This state has local jurisdictions that have enacted municipal laws or resolutions either fully or partially decriminalizing minor cannabis possession offenses.
Every state criminalizes driving under the influence of a controlled substance. Some jurisdictions also impose additional per se laws.Possession of marijuana is a criminal, arrestable offense. For possession of an amount of one kilogram 2.
Possession of Controlled Substances: Laws and Penalties - InfoTracer Inhe was sentenced to 99 years, 99 months and 99 days for two counts, first degree attempted burglary; two counts, third-degree burglary, and one count possession of a controlled substance and one count unlawful breaking and entering of a vehicle. Inmate with long history of convictions recaptured after escape from. Getting caught with drugs may be considered either a misdemeanor or felony depending on the type of substance in question, but both offenses are subject to harsh penalties.
Drug possession is the simplest drug crime. It includes possessing any kind of controlled substance other than marijuana, for which there are separate charges. Alabama is particularly harsh for possession: the possession of any amount of any controlled substance, other than an amount smaller than is specified in Schedule V, is a Class D felony.
Schedule IV drugs are the least serious to be found in possession of, while Schedule I substancesare the worst to possesswithout a prescription from a doctor, dentist, physician assistant or optometrist. The After a search produced findings of multiple suboxone strips in the vehicles center console, the driver, identified as Yolanda McNair, 50, of Camp Hill, was arrested and placed in the Elmore County Jail for possession of a controlled substance. In Alabama, drug trafficking has to do with the quantity or weight of certain controlled substances that a person either sells, delivers, or brings into the state and who is in actual or constructive possession of that drug.Drug crimes in Alabama are taken incredibly seriously.
Depending on both the type of controlled substance and the quantity of that substance found, an individual can face a wide array of potential Alabama drug conviction consequences. Due to the severity of Alabama drug penalties, it is important that anyone facing such a charge contact an experienced attorney immediately. A knowledgeable drug lawyer will be able to build a strong defense to assist in lessening any potential penalties you may be facing.
Drug-related offenses in Alabama have a wide range of penalties depending on the type of charge. Offenses such as possession of drug paraphernalia and marijuana in the second degree fall under this category. However, there are also offenses that are classified as felonies, which carry more significant penalties. Examples of this include possession of a controlled substance such as cocaine, heroin, methamphetamine, and prescription medications. For drug distribution cases, an individual is looking at a two to year sentence, and drug trafficking charges carry a minimum mandatory of three years, which can be increased to 25 or life depending on the quantities involved.
In Alabama, not all drugs are necessarily prosecuted. The quantity of the drug found increases the range of Alabama drug penalties more so than the classification of the drug itself. A person commits the crime of unlawful possession of an intent to distribute a controlled substance if they have a possession of between eight and 28 grams of cocaine, more than four grams of heroin, and any amphetamines up to 28 grams.
Depending on the quantity of the drug, the penalties can vary in harshness in Alabama. The biggest short-term penalty in an Alabama drug case is incarceration. This is until the individual is able to make bond and be released.
This condition can usually be lifted by a knowledgeable attorney, but this is an immediate problem that somebody faces when charged with a drug-type offense in Alabama. The type of drug crime that an individual is charged with in Alabama dictates the short-term consequences that an individual faces.
The less severe consequences would relate to things like simple marijuana possession or, a lot of times, there are no consequences other than coming to court. However, if an individual is charged with more serious possession-type charges, such as heroin distribution or trafficking, that individual faces short-term consequences of an extremely high bond to be released from jail and again some type of random drug testing as a condition of bond.
In Alabama, the type of drug crime that an individual is charged with can impact them in the long-term. Simple possession crimes carry far fewer consequences than distribution and trafficking offenses. However, more times than not, these types of cases can be dismissed in drug court. An individual can have three different types of records when talking about criminal matters.
These types of records include:. However, if the case is defended successfully and dismissed, there is a way to expunge and clean up that very history. A person facing a drug charge in Alabama should always contact an attorney, and should do so immediately.
In Alabama, felony drug offenses will begin in the district court. To challenge the probable cause, an individual must demand a preliminary hearing within 30 days from the date of arrest. Therefore, contacting a lawyer immediately allows a person an opportunity to timely file their demand for a preliminary hearing.
An individual will want to begin minimizing any Alabama drug penalties as soon as they possibly can. Free consultations are available, and our services to be performed will be spelled out before you decide to retain us.Bradford Ladner, LLP.
The Alabama Criminal Code contains numerous Alabama drug charges ranging from simple possession of marijuana to more serious offenses such as distribution of drugs or drug trafficking.
Punishment and sentences for drug crimes are harsh and may be more severe than what is warranted. Because of the link between drug use and other criminal acts, law enforcement aggressively investigates and prosecutes drug charges. Often they have been able to resolve serious drug charges with deferred prosecution programs, drug court, or alternative sentencing.
If you or a loved one is facing Alabama drug charges please contact the criminal defense attorneys at Bradford Ladner LLP for a appointment to discuss the case. Possession of Marijuana Second Degree is the possession of marijuana for personal use, regardless of the amount.
Marijuana possession second degree is a Class A misdemeanor. Possession of Marijuana in the First Degree is charged where the possession is for other than personal use, or where the person charged has a prior second degree marijuana possession.
First degree possession of marijuana is a Class C felony. Possession of any other controlled substance is a Class C felony in Alabama.
Alabama drug charges also include the possession of prescription drugs such as Lortab, Xanax, and Klonopin where the person does not have a valid prescription. In addition, it is unlawful to obtain a controlled substance by fraud, deceit or misrepresentation.
The Alabama Criminal Code also contains Alabama drug charges for the unlawful manufacturing of a controlled substance. Theses substances are used in the manufacture of methamphetamine. It is illegal in Alabama to sell, furnish, give away, deliver, or distribute a controlled substance.
An exchange of money or something of value does not have to occur. It is enough that a person transacts the controlled substance in any way.
Unlawful distribution of a controlled substance is a Class B felony in Alabama. Alabama drug charges can result where a person is in possession of any equipment, material, or product that is used for making, growing, using, or otherwise producing a controlled substance, including marijuana. Included in this list are such items as hypodermic syringes, scales, water pipes, bongs, and roach clips.
Possession of Drug Paraphernalia is a Class A misdemeanor. Additionally, it is a Class B felony for any person 18 or over to to deliver or give anyone who is under 18 and at least three years younger any item of drug paraphernalia. As you are aware, the current pandemic has created a host of issues affecting our clients and the courts. In an effort to keep our clients and potential clients abreast of how Bradford Ladner LLP is handling matters during this health crisis, we offer the following […].
William K. Bradford won a federal forfeiture case for the return of over a quarter of a million dollars to the client. The victory came after a five day federal forfeiture trial in federal court […]. Alabama Drug Possession Offenses Possession of Marijuana Second Degree is the possession of marijuana for personal use, regardless of the amount.
Drug Trafficking: Possession
Unlawful Manufacturing of Controlled Substance in Alabama The Alabama Criminal Code also contains Alabama drug charges for the unlawful manufacturing of a controlled substance. Drug Distribution Charges in Alabama It is illegal in Alabama to sell, furnish, give away, deliver, or distribute a controlled substance.
Possession of Drug Paraphernalia in Alabama Alabama drug charges can result where a person is in possession of any equipment, material, or product that is used for making, growing, using, or otherwise producing a controlled substance, including marijuana. Emanuel Street Mobile, AL info bradfordladner.