Drug Offenses

Drug Offense Defense Attorney Near Me

Drug Trafficking Defense Lawyer Near Me

We can help you in Huntsville, Decatur and Athens, AL and the surrounding areas.

The law offices of Ferguson and Ferguson have been helping individuals charged with drug crimes for over 45 combined years. Our Alabama drug crimes defense attorneys represent clients accused of drug and narcotics charges throughout the state. We have defended thousands of misdemeanor and felony drug crimes in Alabama. Whether you’re charged with large-scale drug trafficking or simple possession of a controlled substance, we are here to help you with your drug offenses. We offer a no obligation, FREE CONSULTATION to all clients charged with a crime.  Call 256-534-3435 or 256-350-7200. We are here to help.

Some Examples of Narcotic Cases we Defend are:

• Prescription Drugs: In Alabama, possessing prescription medication without a valid prescription carries severe legal consequences. Law enforcement may choose to charge individuals with felony possession of a controlled substance or misdemeanor possession of prescription medication if they are found without the proper prescription. Even having just one pill without the correct prescription and dosage can lead to felony charges. It is crucial to always have the up-to-date prescription on hand when in possession of prescription medication to avoid potential legal trouble. If you are facing a felony charge for possessing medication without a valid prescription, the circumstances may become more serious. However, there is a possibility for the prosecutor to amend the felony charge to a misdemeanor in certain instances, such as when only a small amount of medication is involved and there is no prior record of drug offenses. A misdemeanor conviction of possessing prescription medication does not typically lead to an automatic suspension of the driver’s license, and there is no automatic felony prosecution for multiple offenses. It is essential to understand that the district attorney’s office has the discretion to maintain the felony controlled substance charge rather than amending it to a misdemeanor in cases of possessing prescription medication without a valid prescription. Therefore, it is highly advisable to always have and present a valid prescription if confronted by law enforcement to avoid potential legal ramifications.
• Possession of Controlled Substance Alabama
• Cocaine
• Heroin
• Marijuana
• Methamphetamine
• Ecstasy
• PCP
• LSD
• Dangerous Drug Charge Alabama
• Fentanyl
• Drug Trafficking: To be drug trafficking in Alabama, the accused person needs to have either sold, delivered, or transported into Alabama over:
  2.2 pounds of marijuana 28 grams of cocaine, four grams of morphine or heroin, 28 grams of methamphetamine, or four grams of LSD 500-1,000 pills. Drug trafficking has a minimum three year sentence day for day in Alabama.

Drug trafficking laws and penalties in Alabama

In general, trafficking is the movement of drugs over state lines or the importation or exportation of substantial quantities of drugs into or out of the United States. Solely exchanging or selling any quantity or kind of illegal drugs is regarded as trafficking. Although the consequences for drug trafficking do vary depending on the kind and quantity of narcotics involved, you could be given the following sentences:

• 3 years in jail or life in prison
• fines of more than $50,000
• Parole or Probation
• forfeiture of private property

Drug trafficking may be charged in state court for possession of the following:

• Four grams or more of phencyclidine (PCP)
• Four grams or more of lysergic acid diethylamide (LSD)
• Four grams or more of morphine or opium
• 500 or more pills or capsules of hydromorphone (Dilaudid)
• 28 grams or more of 3,4-methylenedioxyamphetamine (MDA)
• 28 grams or more of methamphetamine (meth)
• 28 grams or more of cocaine or crack
• More than 1 kilo or 2.2 pounds of marijuana

A Huntsville or Decatur arrest for drug possession, drug sale, or narcotics use can result in a prison sentence, jail time, hefty fines, rehabilitation programs, and other stiff penalties. Your Alabama drug defense attorney may be able to reduce the penalties or even have the case dismissed by doing the following:

• Have the evidence against you thrown out of court. If you were searched and evidence was collected against you, it must have been done according to the law. If the method by which law enforcement personnel carried out the search of your property and the conduction of the 7 panel drug test was illegal, the evidence against you cannot be used in court.
• If this is your first offense you could be eligible for a drug court, pretrial diversion, or an alternative sentencing program. You might also qualify to be a youthful offender.

Penalties For Drug Crimes in Alabama

The penalties for possession of illegal drugs in Alabama vary widely. Marijuana charges in Alabama in particular are different from charges for other drugs like cocaine or Methamphetamine. The penalties for possession depend on the type of drug, quantity, age of the offender and whether this is the person’s first offense. For first-time drug possession offenders over 18 years old in Alabama, for example, the penalties include:

• Possession of marijuana (less than 2.2 pounds) – Misdemeanor, up to one year in jail, up to $6,000 fine
• Possession of a controlled substance – Class D Felony, 1 year and 1 day to 5 years in jail
• Possession of marijuana (more than 2.2 pounds) – Class C Felony, 1-10 years in jail, up to $15,000 fine
• Possession of cocaine (less than 28 grams) – Class C Felony, 1-10 years in jail, up to $15,000 fine
• Possession of cocaine (more than 28 grams, less than 500 grams) – Class C Felony, 3 years in jail, up to $50,000 fine
• Possession of Methamphetamine (less than 28 grams) – Class C Felony, 1-10 years in jail, up to $15,000 fine
• Possession of Methamphetamine (more than 28 grams, less than 500 grams) – Class C Felony, 3 years in jail, up to $50,000 fine
• Possession of heroin (less than 4 grams) – Class C Felony, 1-10 years in jail, up to $15,000 fine

How Can Drug Charges Affect Daily Lives in Alabama?

Drug charges can have significant impacts on daily life, regardless of whether they are classified as felonies or misdemeanors. Even for second-degree possession of marijuana, which is considered a misdemeanor, the consequences can be similar to those for felony drug cases.

For instance, if convicted, individuals may face the loss of their driver’s license privileges for at least six months, just like in other drug cases. They may also be required to undergo drug screening and rehabilitation as part of their probation, mirroring the requirements in felony drug cases.

One noteworthy distinction between second-degree possession of marijuana and other misdemeanor drug offenses is that subsequent charges of second-degree possession of marijuana can be elevated to felonies if there is a prior conviction or guilty plea for the same offense.

Furthermore, drug charges can have far-reaching effects on various aspects of life. Employment prospects may be negatively impacted, as some employers conduct background checks and may be hesitant to hire individuals with drug charges on their record. Housing opportunities may also be limited, as landlords and property managers often consider criminal history when reviewing rental applications. Additionally, certain professional licenses may become more difficult to obtain with a drug conviction on record.

Given the potential consequences of drug charges, it is crucial to seek the guidance of experienced criminal defense attorneys. They can provide valuable assistance in understanding available options and work towards mitigating the impact of these charges on daily life.

What Happens if you are Caught with Prescription Drugs Without a Prescription?

The consequences for possessing prescription medication without a valid prescription can vary depending on the circumstances and jurisdiction. Generally, it is considered illegal to possess prescription medication without a valid prescription.

If an individual is found in possession of a prescription pill without a valid prescription for the correct substance and dosage, they may face legal repercussions. The severity of these consequences can range from misdemeanor charges to felony charges, depending on the specific laws and regulations of the jurisdiction.

In cases where a person possesses prescription medication without a valid prescription but later provides evidence of a valid prescription, the charges may be dismissed. It is crucial for individuals to have access to their prescription or obtain an official verification from their healthcare provider in order to present it to law enforcement or the district attorney’s office.

However, if an individual is charged with a felony for possessing prescription medication without a valid prescription and they do not have the necessary documentation to support their case, they may face more serious penalties. The severity of these penalties can depend on various factors, including the amount of medication involved and any prior record of drug offenses.
In certain situations, a prosecutor might be willing to amend a felony charge to a misdemeanor if the quantity of medication found is small and the accused does not have a history of drug offenses. Nevertheless, the determination of charges and potential consequences ultimately rests on the discretion of law enforcement, the prosecutor, and the specific laws governing prescription medication possession.

To ensure the best possible outcome, it is essential to consult with experienced criminal defense attorneys who can provide guidance and help navigate the legal process effectively. They can offer advice on available options and provide valuable representation to protect the rights and interests of individuals charged with possessing prescription medication without a valid prescription.

How is Possession of Marijuana Different than Other Drug Charges

The distinction between possession of marijuana in the second degree and other misdemeanor drug offenses can be outlined as follows: Possession of marijuana in the second degree carries certain consequences that are similar to those faced in felony drug cases. Although it is classified as a misdemeanor, if convicted, you will immediately lose your driver’s license privileges for a minimum of six months upon your first offense, just like in other drug cases. Additionally, you will likely be required to undergo drug screening and rehabilitation as part of your probation, similar to what would be expected in a felony drug case. The most notable difference between possession of marijuana in the second degree and other misdemeanor drug offenses is that any subsequent charges of possession of marijuana in the second degree will be automatically elevated to felony charges if you have a previous misdemeanor marijuana conviction or guilty plea.

How is Possession of Drug Paraphernalia Treated?

1. Are drug paraphernalia charges prosecuted as felonies in Alabama if there are prior convictions on record?

No, in Alabama, prior paraphernalia convictions do not automatically result in future charges and convictions being prosecuted.

2. Is a drug paraphernalia conviction in Alabama cause for an automatic license suspension?

No, unlike a misdemeanor possession of marijuana conviction, a drug paraphernalia conviction in Alabama does not automatically result in a license suspension. However, the judge may still order a license suspension if deemed necessary.

3. How does the punishment for drug paraphernalia possession compare to second-degree marijuana possession in Alabama?

Both drug paraphernalia possession and second-degree marijuana possession are considered misdemeanors in Alabama and carry the same range of punishment in terms of jail time and probation.

4. What items are considered drug paraphernalia in Alabama?

In Alabama, drug paraphernalia is any product or device used to consume a controlled substance. Examples include pipes, needles, and rolling paper for cigarettes.

Why Hire Criminal Defense Attorneys Ferguson and Ferguson?

Controlled substance crimes are very serious charges and carry life changing consequences. Our defense attorneys (abogados) understand that being accused of a crime is one of the most difficult times of your life. Rely on us to protect your rights and to fight for the most favorable resolution possible.

We do not start your case by believing what the police are saying. Our attorneys want to hear your side of the story. If you or someone you know has been arrested, or is being investigated for a drug crime, you need advice from an experienced Alabama drug offense lawyer. Contact us 24/7 to schedule a FREE consultation with a criminal defense lawyer. We may be able to get your charges reduced or even dismissed altogether. And if necessary, we will champion your case all the way to trial. We have two offices conveniently located in downtown Huntsville and Decatur, Alabama. Call 256-534-3435 or 256-350-7200 now. Let us protect your rights.

Huntsville Office Location:
303 Williams Avenue SW
Suite 321
Huntsville, AL 35801

Decatur Office Location:
211 Oak Street NE
Decatur, AL 35601