If you are under investigation for a drug offense or already arrested, the best thing you can do for yourself is to invoke your right to remain silent and contact a drug lawyer. Our Birmingham defense attorneys at Alabama Criminal Lawyers are highly experienced in handling misdemeanor and felony drug charges.
We will thoroughly investigate the allegations and review the police officer’s actions. We will identify the strongest possible defense and aggressively fight to eliminate or mitigate the consequences of a conviction.
To talk with our lawyers for drug charges, contact Alabama Criminal Lawyers at (205) 981-2450 or use the online form to schedule a case evaluation.
Do not hesitate to call us if you are facing:
We are well versed in Alabama drug possession laws, including AL Code Section 13A-12-212, Unlawful Possession of or Receipt of Controlled Substances. When accused of or arrested for actual or constructive possession of a controlled substance, you need to talk with a lawyer about the level of the charge, the potential penalties, and how to defend yourself.
If you allegedly possessed a controlled substance in Schedules I through V, other than marijuana, you will be charged with a Class D felony.
If accused of possessing drugs with the intent to distribute or unlawfully distributing controlled substances, you can be charged under AL Code Section 13A-12-211. Unlawful distribution of a Schedule I through V drug is a Class B felony.
Prosecutors may seek to prove you gave away, furnished, delivered, or distributed drugs, but it is more important for them to prove the amount of the drug. You will be charged with a Class B felony if you have between 8 and 28 grams of cocaine or any mixture; between 2 and 4 grams of morphine, opium, or heroin; or between 8 and 28 grams of amphetamines or methamphetamines.
The difference between a possession and distribution charge can be small, but it is critical. Call a drug lawyer right away to see if the charges can be reduced.
Were you accused of a crime involving drug cultivation? In Alabama, cultivating a drug like marijuana could lead to serious penalties, depending on the amount of the drug in question. For example, the cultivation of 2.2 pounds of marijuana is a felony and could result in 3 years in prison.
The penalties increase up to life in prison for the cultivation of more than 1000 pounds of marijuana.
Under AL Code Sections 13A-12-218 and 217, you can be charged with the unlawful manufacture of controlled substances in the first or second degree. If you unlawfully manufacture any controlled substance in Schedules I through V or possess precursor substances to manufacture drugs, you will be charged with second-degree drug manufacturing and charged with a Class B felony.
First-degree drug manufacturing is a Class A felony and involves an aggravating factor, like possession of a firearm or a clandestine lab.
Drug trafficking is defined under AL Code Section 13A-12-231. Whether or not you will face trafficking drug charges depends on the amount of the drug(s) involved.
You will be charged with trafficking if you have more than 2.2 pounds of cannabis; 28 grams of cocaine or a mixture; 4 grams of heroin, morphine, or opium; 28 grams of amphetamines or methamphetamines; or 4 grams of LSD. If convicted, your sentence depends on the amount as well. The greater the amount, the longer the minimum term of imprisonment and the higher the fines.
If you are accused of trafficking, you need to call a drug defense lawyer as soon as possible. You face harsh minimum penalties.
Whether you were accused of possession of methamphetamines, distribution, or driving under the influence, you should contact us as soon as possible. You could be facing years in jail as well as heavy fines. You need an experienced advocate on your side throughout the entire process.
Did you know that you can be accused of a drug crime for more than just illegal drugs? As the abuse of prescription drugs is on the rise, law enforcement is taking these offenses very seriously. Falsely creating a prescription or “doctor shopping” in order to obtain drugs like Vicodin, Codeine, or OxyContin could lead to felony charges.
Federal drug crimes such as trafficking, distributing, manufacturing, and cultivation could result in federal charges. When the crime involves an operation that crosses state lines and country borders, the offense changes from a state crime to a federal crime.
If you have found yourself in this situation, you could be up against such organizations as the Federal Bureau of Investigation and the Drug Enforcement Bureau.
What happens if you were arrested for a drug crime in Alabama but are a resident of another state? If you have found yourself in this situation, you need an attorney from Alabama who understands local laws and courts. No matter how serious you believe your case to be, you can be completely confident that our team can help you.
It is a well-known fact that driving under the influence of alcohol can result in a DUI, but many forget that driving while impaired by drugs could also constitute a DUI conviction. If you were pulled over and accused of driving with an illegal drug or prescription drug in your bloodstream, your first step should be to contact a member of our legal team.
You can be charged with a Class A misdemeanor for the use of possession with intent to use drug paraphernalia under AL Code Section 13A-12-260. If you deliver, sell, intend to sell, or manufacturer with the intent to sell drug paraphernalia, you can be charged with a Class C felony. If there is an aggravating factor involved in your drug case, you may face a Class B felony.
When you are facing drug charges in Alabama, it is important to talk with a drug lawyer about the state’s schedule of controlled substances, found in AL Code Sections 20-2-20 through 20-2-31. Where the drug is organized into the schedule can influence the level of the offense against you as well as the potential penalty.
Our Alabama drug defense attorneys can help you with any controlled substance charges, including:
Marijuana is technically a Schedule I controlled substance, although Alabama uses a different charge and sentencing schedule for it. You can be charged with possession of marijuana in the first or second degree.
A second-degree offense is a Class A misdemeanor while first-degree marijuana possession is a Class D felony. If you are accused of possessing marijuana for something other than personal use, you face a Class C felony.
If you have large quantities of marijuana, you may be charged with intent to distribute or trafficking.
Cocaine and cocaine base (crack) are Schedule II drugs. If you are found to have any cocaine or crack on your person or in your property, then you may be charged with possession, distribution, intent to distribute, or trafficking. The level of the charge depends on the amount.
Amphetamines and methamphetamines are Schedule III substances in Alabama. You should contact a drug crime lawyer if you are accused of possessing, manufacturing, distributing, or selling crystal meth or any other form of the drug.
Narcotics are drugs that relieve pain and dull the senses. This refers to opium, heroin, opium derivatives, and synthetic opioids. This category includes Vicodin, OxyContin, codeine, morphine, fentanyl, and methadone, most of which are Schedule II drugs. If you are allegedly caught with narcotics, call drug lawyer immediately.
Due to the opioid epidemic raging across the country, opioid drug charges are taken very seriously.
It is unlawful to possess, manufacture, or distribute prescription drugs unless you have a valid prescription or a license to do so. If you are caught with one or more prescription drugs, which are Schedule III or IV drugs, without a lawful reason, you can be charged with a misdemeanor or felony offense.
If you believe your constitutional rights were violated, it is best to contact an experienced Alabama drug crime defense attorney who can search for flaws with the prosecution’s case and/or a violation of your rights. The 14th Amendment to the U.S. Constitution protects all American citizens from unlawful searches and seizure of person or property.
Under the terms of the 14th Amendment, law enforcement officials cannot conduct a search of you or your property or seize anything unless they have a valid court-issued search warrant or they have just probable cause.
If the police violate your constitutional rights by conducting an unlawful search and seizure, an Alabama drug crime attorney at Alabama Criminal Lawyers can bring this fact to the attention of the judge and motion to have any evidence found suppressed or dismissed from the court record.
In Alabama, criminal sentencing is based on the level of the charge you were convicted of:
When a judge issues a sentence you for a drug conviction, they will utilize Alabama’s drug sentencing worksheets. These worksheets use aspects of your case and criminal record to give you a score, which provides a sentencing range.
Also, certain drug charges are sentenced differently. For example, drug trafficking statutes prescribe different mandatory minimums judges must adhere to.
To learn more about the sentence you face for a drug charge, do not hesitate to call an experienced drug lawyer from Alabama Criminal Lawyers.
You also should talk with us about alternative sentencing for drug crimes in Alabama if you are facing a first-time, non-violent drug offense. In these cases, your attorney may be able to negotiate a drug diversion program, drug court, a work-release program, supervised probation, house arrest, or electronic monitoring. Through an alternative sentencing approach, you may be able to avoid incarceration.
Our team is committed to helping you avoid these harsh penalties. One effective way of doing this is through alternative sentencing. This is available in Alabama for those who have been charged with a non-violent crime or first drug offense. This, however, is not a hard and fast rule and we could help you negotiate alternative sentencing for more serious crimes.
The options include the drug diversion program, drug court, the work-release program, electronic monitoring, and supervised probation.
Drug courts are available throughout Alabama and work to help people through their problems rather than just over-crowding prisons. Drug diversion programs are facilities that seek to provide support people deal with their drug abuse.
Alabama also offers work release programs where they are allowed to leave prison during the day to work and are trusted to return after their shift is over. They may even be able to live at home during the week and only serve their prison time on the weekends.
Please contact our team if you would like to learn more about how we could help you during this difficult time.
The District Attorney in the area where an individual applies determines whether they will be allowed to attend the program. The criteria that determine eligibility for attendance in a drug court is determined on a countywide basis.
Individuals charged with a first-time offense for the possession of an illegal substance or drug paraphernalia are often eligible to attend drug court. Often, individuals who have prior convictions for any crimes involving violence are not eligible to attend drug court.
Individuals who are approved to attend drug court often enter a plea agreement that states they will go to prison if they fail to successfully complete the program. Alabama law also requires that an individual who attends drug court remain employed or attend school throughout participation in drug court.
Rather than prison, Drug Court offers individuals the opportunity to engage in intensive treatment and drug education. Drug Court requires that individuals appear in court on a frequent basis to be monitored in addition to successfully attending any required drug education classes. Individuals are also required to be drug tested on a random basis.
These programs often last between six to eighteen months dependent upon a variety of factors. Many of these programs implement various drug testing cycles that occur with greater stretches of time between testing periods.
Completion of the drug court program often requires that individuals produce clean drug tests for a period of time and remain involved in positive community activities.
Upon successful completion of Drug Court, an individual’s charges will be dismissed and their record will not show a conviction. After a period of time, individuals can also apply to have their records officially expunged of the charges.
Failure to complete the drug court program can result in an individual facing termination from the program or time in prison.
Charges are not the same as a conviction. So you can and should defend yourself against drug charges in Alabama. You have the right to an attorney, to a trial, and to mount a defense. By defending yourself, you increase the likelihood the charges will be dismissed or acquitted at trial. You also improve the possibility of obtaining the minimum sentence if convicted.
Our team at Alabama Criminal Lawyers will look closely at your case to determine the strongest possible defense.
If you or a loved one have been arrested for a drug crime, it is important to learn as much as you can about the law, drug crime defenses, and potential sentences. You can learn more by reviewing our drug crime FAQs. The best next step is to contact an experienced criminal defense attorney at Alabama Criminal Lawyers.
Through our extensive experience, we have obtained the knowledge, skills, and resources to aggressively fight drug charges. We have an excellent record in defending against drug charges and have secured some impressive results.
Our goal will be to have the charges against you dismissed or to obtain an acquittal at trial. We also will strive to mitigate any of the consequences of a potential conviction. If we believe it will help you, we may encourage you to accept alternative sentencing.
To learn more about how we can help, contact Alabama Criminal Lawyers at (205) 981-2450 to schedule a free evaluation.
Drug possession in Alabama is a Class D felony, unless you are accused of possessing a small amount of marijuana. You can be sentenced between one year and one day and five years in prison, and your penalty is subject to Alabama’s sentencing guidelines. Depending on mitigating or aggravating factors, you may face a lower or greater penalty
You can be charged with felony drug possession if you have actual or constructive possession of any controlled substance. Actual possession means the drugs are on your person or in your immediate vicinity. Constructive possession means you were aware of the drugs, could access them, and had control over them.
Yes, you can be charged with a crime if you possess a prescription medication without a valid prescription. In a majority of cases, these offenses include opioid painkillers, non-opioid painkillers, anti-anxiety medications, and ADD medications.
You may face a harsher charge and penalty if you have one or more aggravating factors present in your case. Aggravating factors include the type of drug, the amount, any previous drug or felony convictions, whether you were on probation or bond at the time, another drug-related offense(s), possession or use of a firearm, the location of the drug offense, and whether anyone was injured or killed.