Drug crimes are serious criminal offenses in Alabama. Depending on the offense, charges can be filed as misdemeanors or felonies. Except for possession of marijuana for personal use and drug paraphernalia, almost all other drug crimes in Alabama are charged as felonies. A felony means the minimum punishment is a year and a day in prison. Fortunately, even if you're guilty of the offense, a skilled drug defense lawyer can often prevent incarceration and may be able to prevent you from having a conviction at all. After consultation with your lawyer and review of the facts of your case, you get an idea as to whether or not your best option is to try to negotiate or fight the charges. No matter what your decision is, you going to get the best results if you have a skillful drug defense lawyer on your side.
At Segal and Segal, we always work to ensure our clients get the best outcome possible in your specific situation. If you have questions about your specific drug crimes case or want to know how we will work hard to defend you, contact us at 2564794529 to schedule a free consultation.
Understanding Drug Crimes in AL
Drug crimes refer to a broad category of acts involving either illegal drugs or legal drugs (such as prescription medicines) that are illegal for a certain person to possess. These crimes include the use, possession, manufacturing, and distribution of unlawful controlled substances and unauthorized prescriptions and drug paraphernalia.
Common Prescription Drugs involved in Drug Crimes
Prescription drugs are legal only when lawfully prescribed and used. They become unlawful when unlawfully prescribed, used, possessed, or distributed.
- Oxycodone (OxyContin)
- Hydrocodone (Vicodin)
- Meperidine (Demerol)
- Phenobarbital (Luminal)
- Diazepam (Valium)
- Alprazolam (Xanax)
- Methylphenidate (Ritalin)
- Amphetamine/dextroamphetamine (Adderall)
Common Drug Paraphernalia involved in Drug Crimes
Drug paraphernalia can be items that are needed for drug use.
- rolling paper
- roach clips
- syringes, needs, or small spoons
- bongs and hookahs
- tin foil
- straws or paper tubes
- razorblades or cards
The most common issue in this type of case is whether or not the object can be shown to have been used or intended to have been used for drug use. For example, rolling papers are not illegal if used to roll a cigarette.
Possession
It is illegal to possess a controlled substance. This also includes prescriptions without authorization and drug paraphernalia.
Manufacturing
You can be charged with various offenses for participating in any step of producing an illegal drug. This includes the creation of a synthetic drug, such as amphetamines, or the extraction of a naturally occurring drug, for example, cannabis.
Trafficking
It is against the law to sell, transport, or import a controlled substance. Trafficking is one of the most serious drug crimes, attracting harsh penalties. In Alabama, most trafficking cases mean an individual had over a certain weight of a controlled substance. The larger the amount of controlled substance, the harsher the penalty can be. The lowest minimum penalty for a trafficking case is ten years in prison, of which three years must be served day for day. In a high-end trafficking case, the minimum sentence is life in prison.
Penalties for Drug Charges in Alabama
Legal penalties for narcotics charges in Alabama are harsh. The type of charge is the biggest determining factor:
|
Classification |
Prison Time (Years) |
Fines (Up to) |
|
Class A Felony |
10-99, or Life |
$60,000 |
|
Class B Felony |
2-20 |
$30,000 |
|
Class C Felony |
1-10 |
$15,000 |
|
Class D Felony |
1-5 |
$7,500 |
|
Class A Misdemeanor |
Up to 1 |
$6,000 |
Additionally, there may be mandatory minimum sentences and additional penalties, depending on the specifics of your charge. If you have prior convictions, it may also extend your penalties.
The specific crime that you are charged with will determine what level of crime it is. For example, simple possession of a controlled substance case is a class D felony. But possession with intent to distribute is a class B felony. You should ask your lawyer what degree your crime is so that you have an understanding of the potential range of sentences.
A range of penalties is available to the court when sentencing drug offenders, including:
- Fines
- Probation or community supervision
- Court-ordered drug counseling sessions or rehabilitation
- Community service
- Incarceration which can range as high as life imprisonment for certain drug crimes and or people with significant criminal backgrounds.
When sentencing for a drug crime, the court usually takes into account:
- the type and amount of drugs involved
- whether possession was for personal use or distribution
- the offender's previous convictions, especially for drug offenses
There are also mandatory minimum sentences for some drug offenses or repeat offenders.
Why Fight a Drug Crime Allegation in Alabama
A conviction for a drug crime can have serious, long-lasting consequences.
Aside from any penalty you receive, a conviction for a drug offense can stay on your criminal history for the rest of your life. This can negatively impact your ability to find work, maintain personal relationships, hold a driver's license, secure a loan, enlist in the military, or own a gun.
For these reasons, you should immediately speak to one of our drug crime defense lawyers at Segal and Segal if you've been charged with a drug crime.
How a Drug Crime Defense Attorney in Huntsville Can Help
Even minor drug offenses can attract harsh penalties and affect your future. The law around drug offenses is complex, so
it's important to find a defense lawyer who is well-versed in these types of offenses.
We can explain the process, your rights, and any defenses available to you to fight the charges. In addition, we will advocate on your behalf when negotiating with the prosecution or representing you in court. If you'd like our help, contact Segal and Segal if you or someone you love is facing drug charges.
Contact a Drug Crimes Defense Lawyer in Huntsville
With the help of a lawyer experienced in defending drug crimes, you can minimize or potentially avoid the negative effects of a drug conviction on your future. Get started on your defense by contacting Segal and Segal either by calling (256) 533 - 4529 or by filling out our online form today to schedule a free consultation.
