If you’ve been charged with drug crimes in Dothan, you deserve aggressive, committed legal representation to protect your rights and advocate for a fair resolution. You deserve the team at Parker Trial Law, who have been zealously defending people in positions like yours since we opened our doors in 2016.
Our criminal defense attorneys have served as lead counsel in state and federal cases across over 20 jurisdictions, and we have a proven track record of success in an array of high-stakes matters. We work tirelessly to obtain the best possible outcome for our clients, and we won’t hesitate to take cases to trial to prove the weaknesses in the prosecution’s evidence. When you turn to our firm for help after a drug arrest, you can expect our attorneys and staff to treat you like family. We strive to build meaningful relationships with our clients that last long after we have helped them resolve their cases.
So don’t wait to get the legal advocacy you need to defend your rights and future. Contact Parker Trial Law for a free initial case evaluation with an experienced Dothan, AL, drug crime lawyer to discuss how our firm can help you seek a favorable resolution to your drug possession charges.
Why You Need a Dothan, AL, Drug Crime Defense Lawyer
A drug possession lawyer from Parker Trial Law can help you protect your reputation, freedom, and future in a criminal case involving state or federal drug charges by:
- Independently investigating your case to obtain all available evidence, including valuable and exculpatory evidence that the prosecution’s investigation did not find
- Evaluating your legal options for fighting your drug charges, including identifying potential defense strategies based on the facts and evidence we’ve uncovered
- Explaining your charges and the potential outcomes of your case to you to help you make informed decisions at each stage
- Vigorously contesting the prosecution’s case, including challenging the sufficiency or admissibility of evidence with the goal of getting your charges dismissed before trial, if possible
- Going to trial and presenting compelling evidence and arguments to the judge and jury as we fight for an acquittal
How Can You Protect Your Rights During and After a Drug Arrest?
You can best protect your interests and put yourself in a favorable position to defend yourself against drug possession charges by exercising your rights as a criminal defendant. First, you have the right to remain silent, which means you do not have to answer the police’s or prosecution’s questions about your drug possession charges. You can protect your right to remain silent by politely and firmly telling the police that you do not want to answer questions and remaining silent while in police custody.
You also have the right to legal counsel after an arrest, including speaking to an attorney before questioning and having your lawyer present during police questioning. Tell the police you want to speak to an attorney as soon as possible, then contact a Dothan drug defense attorney from Parker Trial Law. You will find in us an experienced advocate willing to fight to protect your rights in the criminal justice system.
What Are Alabama’s Drug Possession Laws
Alabama drug possession laws make it illegal for a person to possess, transport, sell, or manufacture controlled substances without the legal authority to do so. For example, section 13A-12-211 of the Alabama Code makes it illegal for a person to possess controlled substances, except as otherwise authorized by law, with the intent to distribute those drugs. The law sets minimum quantities of drugs that can trigger a possession with intent to distribute charge, including:
- More than 8 grams of cocaine or cocaine mixture
- More than 2 grams of morphine, opium, or heroin
- More than 8 grams of methamphetamine
- More than 8 grams of amphetamine
Section 13A-12-212 outlaws the possession or receipt of a controlled substance if they possess a drug without legal authority or obtain drugs through fraud, deceit, misrepresentation, or alteration of a prescription.
Sections 13A-12-213 and 214 outlaw the possession of marijuana except as otherwise authorized by law. Second-degree possession occurs when a person possesses marijuana for personal use; possessing marijuana for other than personal use or committing a second or subsequent second-degree offense constitutes first-degree marijuana.
Sections 13A-12-217 and 218 outlaw the manufacture of controlled substances, with the crime becoming a first-degree offense when a person commits the crime while possessing a firearm, using booby traps, possessing/transporting hazardous materials, conducting manufacturing within 500 feet of a residence/business/school/church, or having a person under 17 present during manufacturing.
Section 13A-12-231 outlaws drug trafficking, making it a crime to knowingly sell, manufacture, deliver, or transport drugs into Alabama.
Section 13A-12-260 outlaws the possession of drug paraphernalia, which the law defines as any equipment, production, or material used or intended/designed for planting, cultivating, growing, harvesting, manufacturing, compounding, producing, processing, testing, packaging, storing, or ingesting/inhaling/injecting drugs.
What Are the Sentences for Drug Felonies and Misdemeanors in Alabama?
Sentences for a drug possession conviction in Alabama will depend on the grading of the offense. Depending on the nature of the offense and the drugs involved, a drug possession charge may qualify as a misdemeanor or felony. Offenses involving more dangerous drugs and severe conduct, such as distributing or manufacturing drugs, have more serious gradings and higher penalties.
Sentences for felony drug offenses under Alabama law include:
- Class A Felony – Ten to 99 years in prison; however, an offense involving the use of a firearm or deadly weapon can increase the minimum sentencing range to 20 years
- Class B Felony – Two to 20 years in prison; however, an offense involving the use of a firearm or deadly weapon can increase the minimum sentencing range to 10 years
- Class C Felony – One to 10 years in prison
- Class D Felony – One to 10 years in prison
In some cases, an offense may qualify as a Class A misdemeanor, which carries a sentence of up to one year in county jail.
Sentences for drug offenses can also include fines and other financial penalties.
Federal law typically imposes more substantial penalties for drug offenses. If you are charged with a federal drug offense, you may face even longer prison sentences.
What Are the Different Drug Schedules?
Alabama’s Controlled Substances List categorizes drugs into five schedules based on the drug’s dangerousness and medical usefulness. Schedule I includes the most dangerous drugs with the highest potential for abuse/addiction. Schedule V includes the least dangerous drugs with the lowest potential for abuse/addiction. Examples of controlled substances found in each schedule include:
- Schedule I – Fentanyl, opium derivatives (such as heroin), hallucinogenic substances (such as MDMA/ecstasy, AMT, DET, marijuana, mescaline, peyote, and psilocybin)
- Schedule II – Codeine, morphine, amphetamine, and methamphetamine
- Schedule III – LSD, ketamine, and anabolic steroids,
- Schedule IV – Butorphanol, barbital, and diazepam
- Schedule V – Lacosamide and gabapentin
What Are Common Defenses in Dothan, AL, Drug Possession Cases?
A defendant facing charges of drug possession in Alabama may have various defenses they can pursue to challenge the prosecution’s case and seek a favorable outcome to their criminal case. Common legal and factual defenses used in drug possession cases include:
- Lack of Actual or Constructive Possession – A defendant may fight a drug possession charge by arguing that they did not have actual (physical) or constructive (ability to access/control) possession of the drugs.
- Lack of Intent to Distribute – Defendants may fight possession with intent to distribute charges by arguing that, while they had drugs in their possession, those drugs were for personal use.
- Lawful Possession – A defendant may argue that they possessed legal drugs under Alabama law, including having a valid prescription.
Many defense strategies in drug cases also focus on challenging the admissibility of the prosecution’s evidence, including by arguing that the police obtained evidence of drugs through an unlawful search. For example, a defendant arrested for drug possession of Schedule 1 or 2 drugs after a traffic stop, where police discovered drugs in the defendant’s vehicle, may argue that the police lacked reasonable suspicion to initiate the traffic stop or probable cause to support a search of the vehicle.
Defendants may also challenge the reliability of evidence by highlighting the prosecution’s failure to test a seized substance to confirm its identity or breaks in the chain of custody of evidence.
Finally, a defense strategy may contest the sufficiency of the prosecution’s evidence, as the prosecution bears the burden to prove every element of a drug charge beyond a reasonable doubt.