In Alabama, possession of drugs can be defined in two separate ways, either actual possession, which is actually on a person or in a person’s pocket, or constructive possession, which means a person has knowledge of where it is located to exercise control over the possession.
In Alabama, possession of drugs is illegal because the state legislature has issued a schedule of harmful and illegal drugs. There is Schedule 1 through 5 of certain drugs that the legislature has deemed it illegal to possess, such as cocaine, heroin, medications without prescriptions, and precursor chemicals such as ammonia that a person uses to make methamphetamine. Possession of any of those scheduled drugs is illegal in the state code of Alabama.
If you are charged with possession, contact an Alabama drug possession lawyer to begin building a defense today.
In Alabama, possession is viewed in several different ways, depending on the type of substance the person is found to be in possession of. If it is a marijuana possession for personal use, it will be deemed a misdemeanor, as well as prescription medications without prescription. However, possession cases can go all the way up to serious felony prosecutions depending on the substance.
Factors of Severity
In Alabama, there are several things that could impact the seriousness of a drug possession charge such as a person with prior offenses. They would a face a higher sentencing range under the Habitual Offender Act or the mandatory sentencing guidelines. The quantity is another factor that impacts the seriousness of the drug possession charge and that the higher quantity could lead to the prosecution for intent to distribute or trafficking. An example would be if somebody possesses cocaine of more than eight grams but less than 28; they would not be facing a simple possession charge but rather a higher distribution charge.
In Alabama, the law enforcement agencies are focusing particularly on methamphetamine and heroin in terms of the seriousness of drug possession charges.
Importance of an Attorney
It is very important to contact an experienced drug possession lawyer in Alabama early on in the case because some options to mitigate or settle a case go away after a very short period of time such as contacting either the district attorney’s office or the investigating agency to try to negotiate some type of cooperation agreement, as well certain demands and discovery that must be filed with the court within a very short period of time. The person only has 30 days in Alabama to demand the preliminary hearing on a felony drug case.
An Alabama drug possession lawyer will always consider the legalities of the initial contact with law enforcement whether it be by search warrant, stop and frisk, or some type of motor vehicle traffic stop. The evidence to look for would by the factual basis surrounding the initial contact with law enforcement, as well as the chain of custody for the toxicological testing.
