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Drug Possession Charges

It may seem unbelievable that a state could punish a person as harshly as it would for assaulting a person with a deadly weapon or sexual abuse as it would for merely possessing a substance for their own personal use. However, we have a “War on Drugs” in this country, and the state of Alabama takes that war very seriously. A conviction for possession of a controlled substance has very severe consequences.

Huntsville Drug Possession Arrest Lawyer

If you've been charged with possessing illegal substances in the Huntsville-Decatur area, you'll want a strong defense. Our experienced lawyers at Law Offices Of Segal & Segal can help you build that defense. We will look for mistakes in police procedure and holes in the prosecution's case, seeking to get your charges reduced or dismissed. We can fight your charges in front of the jury, and can also help you look at options like drug court. Call us today at (256) 533-4529 or send an online message to set up a free consultation so we can discuss your charges.

We understand the criminal court at Law Offices Of Segal & Segal, from all perspectives. Andrew Segal is a former prosecutor for the Alabama Attorney General and Madison County District Attorney. Sandra Segal is a former prosecutor for the Huntsville City Attorney's Office. We practice with honor and integrity, which is why judges, juries and even prosecutors respect us. That can go a long way when we're negotiating to reduce your charges or arguing your case in front of a jury.

If you've been charged with possessing an illegal substance anywhere around Huntsville, including Madison, Morgan, Marshall, Limestone or Jackson County, call the experienced drug lawyers at Law Offices Of Segal & Segal.

Alabama Laws Regarding Possession of Controlled Substances

Defining Drug Possession Charges

Alabama law lists controlled substances in Title 20, Chapter 2. The list includes nearly any illicit substance imaginable, including:

  • Cocaine/crack;
  • Heroin;
  • Methamphetamines or meth;
  • LSD;
  • Ecstasy; and
  • Mescaline.

The law also lists prescription narcotics. For some prescription drugs, like codeine, it is not a crime to have below a certain amount. Prescription narcotics may be possessed with a prescription. Another part of the code bans synthetic drugs, like bath salts and spice.

While marijuana possession is a crime, it's been separated so that an amount for personal use is a lesser offense. However, possession of any other substance is a serious offense: a Class C felony.

Possession does not have to mean that police caught you with the narcotics in your hand or pocket. Prosecutors can argue “constructive possession” so that you may have legally possessed the substance if it was anywhere under your control. For instance, a prosecutor could successfully argue that you possessed narcotics if they were in a glove compartment of your car, in a drawer in your house, or in a bag in the luggage compartment of a mass transit vehicle.

What are the Penalties for Possessing a Controlled Substance in Madison County?

A Class D felony carries a minimum sentence of one year and one day in prison and a maximum sentence of up to 5 years in prison. The maximum fine is $7,500.00. 

Defenses to Drug Possession Charges

There are a number of different defenses commonly raised in drug possession charges.

The first issue your lawyer will look to is whether or not your stop and arrest were conducted legally. The lawyer will investigate whether or not there are any issues regarding search or seizure. The lawyer will investigate issues regarding reasonable suspicion and probable cause as to both your stop and any search of either you, your person, your possessions or your home or vehicle. If the police violated your constitutional rights it is possible that a judge will suppress (that is throw out) evidence in your case. When evidence is thrown out, it can lead to charges being dismissed.

Another common issue has to do with the laws regarding whether or not a person was in unlawful possession of a controlled substance. In Alabama, possession can occur in a number of different ways. Typically the key issue is whether or not the state can prove beyond a reasonable doubt that the person charged was in "knowing" possession of the drugs. It is not unusual for people to be arrested under circumstances where there is a legitimate argument that they did not have knowledge of the drugs.

Sometimes, the "defense" is not an actual defense but simply trying to avoid a conviction by having someone participate in a counseling program.

In other cases, individuals may choose to work as a confidential informant to "work off" their criminal charges.

No matter what your circumstances are, you owe it to yourself to have an experienced drug defense attorney to investigate your case and protect you.

Finding a Qualified Madison County Attorney for Drug Possession Charges

If you've been charged with possessing an illegal substance in North Alabama, call the experienced drug defense lawyers at Law Offices Of Segal & Segal.

We'll fight for your rights and will seek to get your charges reduced or dismissed, and we'll argue your case to the jury if you plead “not guilty.” If you've been charged in Madison, Marshall, Morgan or Limestone or Jackson counties or any other North Alabama counties feel free to give us a call.

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