Drug Offenses

Alabama laws prohibit manufacturing, possessing, distributing or selling any illegal drug or legal drug through an illegal means, as well as conspiring. Sentences to prison imposed on people convicted of a drug offense can be as long, if not longer, than those imposed on people convicted of murder, even if the drug offense was non-violent. The penalties are very harsh, and the courts are tough on drugs. You need an experienced criminal defense attorney shielding you from the quick-to-convict prosecution.

Attorney Steven D. Eversole, the managing attorney at Eversole Law Offices, is a member of NORML, the National College for DUI Defense, the Alabama Association of Criminal Defense Attorneys, the National Association of Criminal Defense Attorneys, and the Alabama State Bar (Criminal Justice Section).

Federal or State Prosecution

Under U. S. Federal law and Alabama state law, a person can be charged by either or both governments for the same crime, prosecuted by either or both a federal prosecuting attorney and a state prosecuting attorney, and if convicted, sentenced to either or both federal and state prison. Alabama drug laws somewhat mirror federal drug laws, but penalties differ for some crimes.

Criminal Defense Attorney For Drug Offenses

Eversole Law Offices will represent you against any drug related charge including those listed below. The most frequently charged drug crime in the state of Alabama is possession, which has been explained in more detail below.

  • Possession
  • Possession of Marijuana
  • Unlawful Possession of Controlled Substance
  • Unlawful Possession of Drug Paraphernalia
  • Manufacturing - Manufacture or Delivery
  • Conspiracy
  • Trafficking
  • Selling

Possession

Possession of a controlled substance means that the person physical held the drugs or had control over the drugs (called constructive possession). In either case, possession is a graduated crime - the penalties increase with the quantity possessed, and a relative crime - the penalties for a less dangerous drug such as marijuana are less than the penalties for a more dangerous drug such as cocaine or crack. For example, possession of marijuana in quantities up to two pounds is a misdemeanor (if there is no intent to sale), and beyond two pounds is a felony. A first offense for possession of marijuana is a misdemeanor, but a third can get you significant jail time.

It is also illegal to possess a legal drug by illegal means such as a prescription drug acquired by means of a fraudulent prescription or a prescription drug prescribed for another person and distributed to a person for whom the prescription was not written.

Penalties

Penalties for drug convictions are very harsh. A person convicted of a drug offense in the state of Alabama faces imprisonment terms that can equal those of a murder conviction. Habitual offenders will be sentenced to prison for longer periods of time.

Fortunately, an Alabama criminal defense attorney can help you avoid bad results by either negotiating with the district attorney before or after charges are brought, challenging evidence, raising reasonable doubt, as well as applying a host of other legal strategies to avoid convictions. It is usually in a person's best interest to challenge all of the evidence, particularly evidence acquired through the process of search and seizure, to avoid being charged or to have charges dismissed. If a search was illegal, then it is possible for all of the evidence gathered from that search to have been acquired illegally. If the evidence cannot be used, then it is highly likely that the charges will be dropped.

If conviction is inevitable, then damage control is needed. Your criminal defense attorney can help you obtain the most favorable outcomes, such as drug diversion programs, lighter sentences, and lower fines whenever possible.

Free Initial Consultation

For a free initial consultation to better understand what you can do to defend yourself, please contact Eversole Law. The Alabama lawyers and attorneys at Eversole Law are committed to defending those accused with drug crimes, whether its possession of marijuana or conspiracy and trafficking in black tar heroin.