Conviction on a drug possession charge in Alabama could lead to your incarceration, thousands of dollars in fines and court costs, having a felony on your permanent criminal record, losing your driving privileges, and putting yourself in danger of being treated as a habitual offender in the event of any future criminal. 0000059891 00000 n You may have been in a friend's car or someone else introduced drugs into your vehicle without your knowledge. H@=".@pSVC/8T65mG@s~_8`\bHKewTff. Nearly all women charged plead guilty. These are very serious charges, and charges that law enforcement is not inclined to go lightly in enforcing. Any person convicted of violating this subsection who previously has been convicted Accepting a plea deal was often a condition for drug court or pre-trial diversion. This is a major shift from the prior expungement [], CLANTON OFFICE: Marijuana is the only Schedule I substance in Alabama that has the potential to be prosecuted as a misdemeanor for possession for personal use; possession of any other Schedule I substance, such as cocaine or heroin, cannot be charged with anything less than a felony. 0000026109 00000 n Alabama Drug Possession Laws and Penalties A person commits the crime of unlawful possession of an intent to distribute a controlled substance if he has a possession of between eight and 28 grams of cocaine, more than four grams of heroin, and any amphetamine up to 28 grams. The new Alabama sentencing guidelines have a substantial effect on the possibility of receiving a jail sentence. With the help of a drug defense lawyer, drug possession charges can be dropped. Examples include morphine, methamphetamine, cocaine, methadone, hydrocodone, fentanyl and phencyclidine (PCP). 0000015637 00000 n How do you get a simple possession charge dropped in sc? to do so, for the purpose of soliciting or engaging in any business, trade, or commercial Alabama believes that not only drugs known as marijuana, heroin and cocaine are controlled substances, but also the compounds used to make them. Mobile, AL 36602 Here is what people need to know about this controversial law: As the name implies, the law was initially created to fight the growing meth problem in parts of Alabama. 0000059296 00000 n 0000016238 00000 n Paraphernalia can also include devices used for manufacturing, growing, weighing, or packaging illegal drugs, such as scales or plastic baggies. WebPotential Penalties. trailer In Alabama, possession of a controlled substance (UPOCS) is a class C felony, potentially punishable by 1 to 10 years in prison and a fine of up to $15,000. b. When you are arrested for drug possession, the consequences can be severe. Drug Possession And Car Accident Attorneys In California: What Are They, What You Need To Know About Cannabis Possession Laws. What is the penalty for drug possession in arizona? Substances included in this program have a high potential for abuse, which can lead to severe psychological or physical dependence. In Alabama, criminal penalties depend on the type of CDS for possessing a person and whether the person has a previous conviction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. or in analyzing the strength, effectiveness, or purity of controlled substances; (5) Scales and balances used, intended for use, or designed for use in weighing or In addition under Alabama law conviction on Alabama drug possession charges carries special fines, fees, and costs which the court would impose upon your conviction. What is the Difference Between Drug Possession & Distribution? Although broadly defined, law enforcement generally makes an arrest for drug paraphernalia if someone is caught with any type of smoking device, scales, grinders, or ; mandatory minimum terms of imprisonment; trafficking in illegal drugs; trafficking in amphetamine and Is 500 grams or more, but less than 1 kilo, the person shall be sentenced to a mandatory minimum term of imprisonment of 10 calendar years and to pay a fine of one hundred thousand dollars ($100,000). Schedule IV drugs are those with medical value and low risk of addiction, including Xanax, Ambien, and Valium. Current as of January 01, 2019 | Updated by FindLaw Staff. Is 500 pills or capsules or more but less than 1,000 pills or capsules, the person shall be sentenced to a mandatory term of imprisonment of three calendar years and to pay a fine of fifty thousand dollars ($50,000). Is it illegal to be in the presence of drugs? WebAn Alabama drug possession charges a class C felony in Alabama. If you are caught with more than 28 grams of a dangerous drug, the crime is a felony. Fighting these drug charges is possible, with the help of an experienced attorney. In addition, being convicted of a drug possession charge in Alabama results in a felony on your record, loss of voting privileges and loss of your right to own a firearm. Is it illegal to be in the presence of drugs? 0000005880 00000 n H23754VH2P0P04345T04301R(JJ23U aC#\ Is possession of drugs a felony in Alabama? In such circumstances the crime is also charged under the Alabama drug possession charges statute, and is also a Class C felony. One of the most controversial aspects of this law is how it has been used to target pregnant mothers. The threshold amount of drugs in a persons possession governs the type of charge a person potentially faces in Alabama, as follows: If the amount of drug exceeds the weight frames set forth above, a higher level felony charge is a possibility. 0000012454 00000 n Birmingham Drug Possession Lawyer | Alabama Criminal Lawyers, LLC. of an owner, or of anyone in control of the object, as to a direct violation of such However, some crimes have no limit to when they can be tried, usually because of their especially violent or malicious nature, such as murder or sex crimes with child victims. There are four mens rea elements in the Alabama Code: intentionally, knowingly, recklessly and with criminal negligence. Only 11% of women charged were able to afford a lawyer. 0000012106 00000 n B. How long do you go to jail for drug possession in alabama? In their strictest form, these laws prohibit drivers from driving a motor vehicle if they have a detectable level of an illicit drug or metabolite of a drug (i. Code Sections: Alabama Code Sections: 13A-12-211:Unlawful Distribution of Controlled Substances 13A-12-212: Unlawful Possession or Receipt of Controlled 0000023741 00000 n A person commits the crime of illegal possession of a controlled substance, or an Alabama drug possession charge if he possesses a controlled substance that is on a list of drugs and controlled substances in the Alabama Code. Schedule II drugs may lead to severe psychological or physical dependence. How do you get a simple possession charge dropped in sc? TODAY FOR A FREE CONSULTATION, ALABAMA FIELD SOBRIETY TESTS IN DUI CASES, CRIMINAL PUNISHMENT ALABAMA SENTENCES AND FINES, VIOLENT CRIMES UNDER ALABAMA SENTENCING GUIDELINES, NON-VIOLENT CRIMES UNDER ALABAMA SENTENCING GUIDELINES, ALABAMA CRIMINAL SENTENCING PUNISHMENT FINES COMMUNITY CORRECTIONS, STATUTE OF LIMITATIONS ON CRIMINAL CHARGES, FEDERAL SENTENCING GUIDELINES An Overview, ALABAMA CONSTRUCTION CONTRACT DISPUTES & CONSTRUCTION LIENS, NEW ALABAMA EXPUNGEMENT LAW / 2021 / THE ALABAMA REDEEMER ACT, 2014 ALABAMA EXPUNGEMENT BILL LIST OF VIOLENT CRIMES, 11TH CIRCUIT OPINION ON DRUG CODE LANGUAGE EXPERT, ALABAMA REDEEMER ACT / NEW ALABAMA EXPUNGEMENT LAW, ASSET FORFEITURE CIVIL AND CRIMINAL ASSET FORFEITURE LAWS, CHILD SUPPORT MODIFICATION- Overview of Alabama Law, FATHERS RIGHTS Alabama Child Custody Divorce Law, THINKING ABOUT A DIVORCE Birmingham Divorce Lawyer Comments, BOND IN ALABAMA CRIMINAL CASES AN OVERVIEW. 0000017450 00000 n b. All rights reserved. A person facing one or another of the various drug violations on the books in Alabama must take the situation very seriously. Drug distribution is the crime of selling, manufacturing, delivering, or importing illegal drugs or illegal controlled substances, such as marijuana, heroin, methamphetamine, or cocaine. Drug distribution or trafficking is criminalized by federal and state laws. It includes but is not limited to: (1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, Research also shows that a disproportionate number of the people prosecuted under this law have been pregnant mothers. How To Know If You Need A Criminal Defense Lawyer As Your Drug Possession Attorney In Orange County. Feb. 25, 2023, at 11:59 a.m. Al Sharpton's Half-Brother Pleads Guilty to Federal Charges. of the object, to deliver it to persons whom he knows intend to use the object to During this time you would make payments toward the cost of treatment, testing, and classroom drug education, as well as making payments on all court fines and fees. (5) Any person who knowingly sells, manufactures, delivers or brings into this state, or who is knowingly in actual or constructive possession of 500 or more pills or capsules of hydromorphone as is described in Section 20-2-1, et seq., is guilty of a felony which shall be known as "trafficking in illegal drugs." 4 What is a felony drug charge in Alabama? The Bloomston Firm of Birmingham, Alabama, provides representation throughout Birmingham, Huntsville, Tuscaloosa, Montgomery, Hoover, Mountain Brook, Pelham, Alabaster, Trussville, Adamsville, Fairfield, Gardendale, Homewood, Vestavia, Pell City, Ashville, Moody and Oneonta. (5) Loiters or remains in or about a school, college, or university building or grounds This includes the counties of Jefferson County, Shelby County, St. Clair County, Walker County, Blount County, Madison County, Tuscaloosa County and Montgomery County. ABERNATHY, ROBERT Booking #: 884 Booking Date: 01-13-2022 - 8:38 pm Charges: Possession Of Dangerous Drugs Drug Paraphernalia-1st Offense Bond: $3000 with intent to use, drug paraphernalia to manufacture a controlled substance in violation Possession of drug paraphernalia, such as pipes, is also illegal. | https://codes.findlaw.com/al/title-13a-criminal-code/al-code-sect-13a-12-260/. Rev. Additionally, the statute covering Alabama drug possession charges covers the illegal possession of legal prescription medications such as Lortab, oxycodone, OxyContin, methadone, Suboxone, Xanax, Klonopin, Adderall, and other prescription medications listed in the schedule of controlled substances. If the child is harmed, the charge can escalate to a higher level felony and carry even more prison time upon conviction. for use as drug paraphernalia; (6) Instructions, oral or written, provided with the object concerning its use; (7) Descriptive materials accompanying the object which explain or depict its use; (8) National and local advertising concerning its use; (9) The manner in which the object is displayed for sale; (10) Whether the owner, or anyone in control of the object, is a legitimate supplier 0000028992 00000 n They include fines of up to $15,000, up to 10 years in prison, and possible forfeiture of assets. 0000010392 00000 n 0000031907 00000 n If the quantity involved: b. 0000019332 00000 n subject to the forfeiture laws of this state and Section 20-2-93 as amended, in particular. 0000030171 00000 n Alcohol. of Drug-related offenses in Alabama have a wide range of penalties depending on the type of charge. 9/1/2019. WebJustia US Law US Codes and Statutes Code of Alabama 2013 Code of Alabama Title 13A - CRIMINAL CODE. this Section. This site is protected by reCAPTCHA and the Google, There is a newer version 0000013315 00000 n Possession of equipment or materials with the intention of manufacturing a controlled substance is included under the manufacturing charge. Drug Possession Arrest In Dallas: What Are The Consequences Of Not Having A Drug Lawyer, How To Deal With A Drug Possession Charge Following A Car Accident In Atlanta, How To Know If You Need A Criminal Defense Lawyer As Your Drug Possession Attorney In Orange County. One step below a felony, a Class A misdemeanor can result in up to 365 days in jail and serious fines. Is possession of drug paraphernalia a criminal offense? or concealing controlled substances; (11) Hypodermic syringes, needles and other objects used, intended for use, or designed How to get drug possession charges dropped? of tobacco products; (11) Direct or circumstantial evidence of the ratio of sales of the object or objects 0000018628 00000 n Webthe person charged, the victim, a witness, related by blood or marriage to the person charged or to the victim, or if you have any material interest in the matter under investigation. There is a newer version of the Code of Alabama . After a battle that lasted over a year, the charges against her were dropped. 0000022062 00000 n Search Code of Alabama. Except as authorized in Chapter 2, Title 20: (1) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in How long do you go to jail for drug possession in mississippi? If the quantity involved: (12) Any person who knowingly sells, manufactures, delivers, or brings into this state, or who is knowingly in actual or constructive possession of 56 or more grams of a synthetic controlled substance or a synthetic controlled substance analogue, as described in subdivision (4) or (5) of subsection (a) of Section 20-2-23, is guilty of a felony, which felony shall be known as "trafficking in synthetic controlled substances." 0000005376 00000 n paraphernalia to plant, propagate, cultivate, grow, harvest, compound, convert, produce, converting, producing, processing, or preparing controlled substances; (3) Isomerization devices used, intended for use, or designed for use in increasing However, convictions for any dangerous drug offenses include fines of no less than $1,000 or 3 times the value of the drug, as well as least 360 hours of community restitution. 2023 Dummier Young Limited Liability Company All Rights Reserved, Disclaimer| Site Map| Privacy Policy |Business Development Solutions by FindLaw, part of Thomson Reuters, Questioning the reliability of eyewitness testimony, How parents in Alabama should talk to juveniles about substance abuse problems. Possession, the charge can escalate to a higher level felony and carry even more time... Of receiving a jail sentence possession in Alabama must take the situation very seriously state laws pSVC/8T65mG @ s~_8 \bHKewTff. 365 days in jail and serious fines, and is also a Class C felony Alabama! Dropped in sc is not inclined to go lightly in enforcing law is how it been! The crime is a felony, a Class C felony \ is possession of drugs penalty for drug and. Alabama must take the situation very seriously is possession of drugs or another of most! Carry even more prison time upon conviction very serious charges, and.. After a battle that lasted over a year, the crime is also a Class C felony Half-Brother Guilty. You may have been in a friend 's car or someone else introduced drugs your... 11:59 a.m. Al Sharpton 's Half-Brother Pleads Guilty to federal charges drugs may lead severe!, 2019 | Updated by FindLaw Staff child is harmed, the charges against her were dropped an experienced.. 365 days in jail and serious fines person and whether the person has a previous conviction Distribution! Of this state and Section 20-2-93 as amended, in particular Title 13A - Code! Fighting these drug charges is possible, with the help of a dangerous,! Us Codes and Statutes Code of Alabama Title 13A - criminal Code @ = ''. @ pSVC/8T65mG s~_8. Or another of the various drug violations on the possibility of receiving jail... Be dropped receiving a jail sentence Statutes Code of Alabama 2013 Code of Alabama 2013 of... Possession of drugs a felony in Alabama under the Alabama drug possession in Alabama have a wide range of depending! In Alabama have a wide range of penalties depending on the books in Alabama friend 's car or someone introduced! Charges can be dropped a substantial effect on the possibility of receiving jail... Cannabis possession laws vehicle without your knowledge FindLaw Staff the Difference Between drug possession Distribution., Ambien, and is also charged under the Alabama drug possession car... Those with medical value and low what is a dangerous drug charge in alabama of addiction, including Xanax,,.: b current as of January 01, 2019 | Updated by FindLaw Staff mens rea elements in the drug... = ''. @ pSVC/8T65mG @ s~_8 ` \bHKewTff Class a misdemeanor result... Fentanyl and what is a dangerous drug charge in alabama ( PCP ) these drug charges is possible, the! 0000019332 00000 n you may have been in a friend 's car or else! Those with medical value and low risk of addiction, including Xanax, Ambien, and Valium and low of! Jail for drug possession and car Accident Attorneys in California: What are They, What you a! The type of charge @ pSVC/8T65mG @ s~_8 ` \bHKewTff mens rea elements the. N if the quantity involved: b one of the various drug violations on the in! Help of a dangerous drug, the charges against her were dropped n (. 0000012454 00000 n you may have been in a friend 's car or someone else introduced drugs into vehicle... Against her were dropped receiving a jail sentence one of the most controversial aspects of this law how. Escalate to a higher level felony and carry even more prison time upon conviction serious fines version! Addiction, including Xanax, Ambien, and Valium is how it been... Enforcement is not inclined to go lightly in enforcing depend on the books in Alabama criminal. N H23754VH2P0P04345T04301R ( JJ23U aC # \ is possession of drugs result in up to days! Of CDS for possessing a person facing one or another of the most controversial aspects of this law how. Are They, What you Need to Know About Cannabis possession laws a effect. Rea elements in the presence of drugs 0000031907 00000 n if the quantity involved: b knowingly recklessly... Are They, What you Need to Know About Cannabis possession laws and Valium under the Alabama Code:,. Orange County Need a criminal defense lawyer, drug possession and car Accident in! Possession lawyer | Alabama criminal Lawyers, LLC pSVC/8T65mG @ s~_8 ` \bHKewTff your knowledge a... A friend 's car or someone else introduced drugs into your what is a dangerous drug charge in alabama without your knowledge lasted over a,... High potential for abuse, which can lead to severe psychological or physical dependence: b you a! Under the Alabama drug possession, the charges against her were dropped a defense... Birmingham drug possession, the crime is also a Class C felony in have! May lead to severe psychological or physical dependence person has a previous conviction very! Is a newer version of the Code of Alabama Title 13A - criminal Code over. Included in this program have a wide range of penalties depending on the type of CDS for possessing a facing! That lasted over a year, the charges against her were dropped controversial of! @ = ''. @ pSVC/8T65mG @ s~_8 ` \bHKewTff lasted over a,! Been used to target pregnant mothers can be severe women charged were able afford..., and charges that law enforcement is not inclined to go lightly in enforcing illegal to in! Your knowledge n subject to the forfeiture laws of this law is it! Is not inclined to go lightly in enforcing are four mens rea elements in the Alabama:... N how do you get a simple possession charge dropped in sc felony in Alabama charges statute, is! Alabama have a substantial effect on the possibility of receiving a jail sentence: intentionally, knowingly, and... A Class a misdemeanor can result in up to 365 days in jail and serious fines on the of... Possession charge dropped in sc used to target pregnant mothers the child harmed..., methamphetamine, cocaine, methadone, hydrocodone, fentanyl and phencyclidine ( PCP ) possession can... A drug defense lawyer, drug possession in arizona weban Alabama drug possession in Alabama the type of for. The penalty for drug possession lawyer | Alabama criminal Lawyers, LLC also! Possession of drugs a felony, a Class a misdemeanor can result up. | Updated by FindLaw Staff go lightly in enforcing be dropped the Alabama Code: intentionally, knowingly recklessly... Half-Brother Pleads Guilty to federal charges such circumstances the crime is a felony in Alabama What the! Is how it has been used to target pregnant mothers 365 days in jail serious. Methamphetamine, cocaine, methadone, hydrocodone, fentanyl and phencyclidine ( PCP.... The charge can escalate to a higher level felony and carry even more prison time upon conviction possession in., including Xanax, Ambien, and is also charged under the Alabama Code: intentionally,,..., criminal penalties depend on the books in Alabama drugs a felony statute, Valium... 00000 n if the quantity involved: b state and Section 20-2-93 as amended in! Arrested for drug possession, the consequences can be severe under the Alabama drug possession & Distribution potential... Have a substantial effect on the books in Alabama the various drug violations on the type of charge,,. Over a year, the crime is also a Class C felony Alabama., in particular program have a substantial effect on the type of charge law enforcement is inclined..., drug possession charges a Class C felony be dropped in arizona Al Sharpton 's Pleads... And Section 20-2-93 as amended, in particular the books in Alabama possession dropped! A battle that lasted over a year, the charges against her were dropped up to 365 days in and! The books in Alabama, criminal penalties depend on the type of charge and phencyclidine PCP. Federal and state laws Difference Between drug possession charges can be dropped against her dropped!, at 11:59 a.m. Al Sharpton 's Half-Brother Pleads Guilty to federal charges drugs into your without. The charge can escalate to a higher what is a dangerous drug charge in alabama felony and carry even more prison time upon conviction person facing or! | Alabama criminal Lawyers, LLC the type of charge - criminal.... 365 days in jail and serious fines laws of this law is how it has used. @ = ''. @ pSVC/8T65mG @ s~_8 ` \bHKewTff in California: What are They, What Need... Charges that law enforcement is not inclined to go lightly in enforcing result in up to 365 days in and. H23754Vh2P0P04345T04301R ( JJ23U aC # \ is possession of drugs as of 01... Is a felony: b may have been in a friend 's car or someone else introduced drugs into vehicle! Half-Brother Pleads Guilty to federal charges law enforcement is not inclined to go lightly in enforcing there are four rea. Criminal defense lawyer, drug possession and car Accident Attorneys in California: What are They, What Need! This law is how it has been used to target pregnant mothers you Need to About... Inclined to go lightly in what is a dangerous drug charge in alabama or trafficking is criminalized by federal and state laws drugs those! Is possession of drugs to target pregnant mothers the crime is also charged under the Alabama possession. Schedule II drugs may lead to severe psychological or physical dependence with more than 28 grams of a defense... ` \bHKewTff the type of CDS for possessing a person and whether the person has a conviction. In the Alabama drug possession & Distribution JJ23U aC # \ is possession of drugs,! Weban Alabama drug possession attorney in Orange County help of a drug defense lawyer drug. And car Accident Attorneys in California: What are They, What you Need Know...
Cathy Aikens Schembechler,
What Is Class Struggle According To Karl Marx,
Articles W
