Drug Crimes

This is a link to the Code of Alabama 1975: http://www.legislature.state.al.us/CodeofAlabama/1975/coatoc.htm

Drug Cases in Alabama require a specific type of defense.  We have defended and settled many drug cases including possession cases and distribution cases.

POSSESSION – Possession of Controlled Substance or Possession of Marihuana (also spelled marijuana) are felony offenses. The only misdemeanor is for a person’s first possession of marihuana case. All other drug possession cases are felonies.  A felony carries a minimum prison sentence of 366 days up to life or life without parole. If convicted of a felony, the felony never comes off of that person’s criminal background history.

UNLAWFUL POSSESSION OF CONTROLLED SUBSTANCE – We have assisted many clients with these cases. Oftentimes many people do not obtain an attorney quickly to assist them in their defense. We work with police officers and detectives to prevent these cases from going to prosecution. If a case has proceeded to prosecution, then we have several options. We can work to get a client into DRUG COURT, reach a settlement agreement, or go to trial.

DRUG COURT - Drug Court is a potential option for people who plead guilty then go through drug testing and counseling for six months to twelve months. After that time period, the case is Nolle Prossed (dismissed) as if there was never a case at all. This keeps a person’s record “clean” from the felony.

SETTLEMENT- We settle many cases through plea agreements of all parties. As part of the plea agreements, we can often get probation for a client that pleads guilty and follows the instructions of the court.

TRIAL – We go to trial often on drug cases. There are many reasons why a person goes to trial for these cases.  Oftentimes, the person is simply innocent. This occurs especially in cases where a person is in the presence of drugs that they either had no knowledge about or in the wrong place at the wrong time.

ENTRAPMENT- This is a defense that is used when a person is “set-up” by the police officers or a person working on their behalf. Many of the cases that involve confidential informants go to trial because these informants have an incentive to setup the persons who they are targeting by planting evidence to make the money that the police or detectives promised them.

FAILURE TO AFFIX TAX STAMP – This is a relatively new offense that many prosecutors place on Defendants. This charge is a FELONY. Although the person may have been arrested for marijuana or drugs, a second charge is placed on them for Failure to Affix Tax Stamp. I consider this a charge used to bolster statistics for prosecutors and police agencies. When they report a certain number of felony convictions, this charge inflates their numbers to appear to be more arrests and convictions than they actually have.  It is unfortunate that they do this.

An interesting article in reference to confidential informants and their lack of cridibility is here. In this situation, an informant set-up many people in the town of Tulia, Texas. The convictions were overturned.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2002/08/29/MN235575.DTL 

We work in all courts throughout the State of Alabama. We concentrate our criminal practice in Jefferson County but we travel to other counties to represent people in need. We regularly appear before the following judges: Judge Alfred Bahakel, Judge Gloria Bahakel, Judge William Cole, Judge Eric Fancher, Judge Clyde Jones, Judge Davis Lawley, Judge David Lichtenstein, Judge Tommy Nail, Judge Mac Parsons, Judge Teresa Petelos, Judge Laura Petro, Judge Teresa Pulliam, Judge Katrina Ross, Judge Virginia Vinson, and Judge Shelly Watkins

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

Guster Law Firm, LLC located in Birmingham, Alabama, represents clients throughout Birmingham, Huntsville, Montgomery, Tuscaloosa, Florence, Gadsden, Mobile, Dothan, Auburn, Jefferson County, Madison County, Montgomery County, Tuscaloosa County, Shelby County, Talladega County, and surrounding communities