Drug Crime Defense Attorneys

As knowledgeable defense attorneys, we represent clients facing any degree of drug crime, such as: cultivation, manufacturing, distribution, trafficking, sales and/or possession of a controlled substance or prescription drugs. Local law enforcement agencies such as the STACK team, local narcotics agencies, and even the DEA (Drug Enforcement Administration) or FBI (Federal Bureau of Investigation) may conduct a vigorous investigation into the charges that you may face. You will require the aggressive legal skills that we can provide. Regardless of the circumstances or events leading to your criminal accusation, it is extremely important to hire a criminal defense attorney to be by your side at every step throughout the legal process. Please contact the law offices of Segal & Segal if you, or someone you care about, is facing drug charges in Madison County, Alabama, in state or federal court.

COMMON QUESTIONS ABOUT DRUG CASES

 

1.      I was a passenger in a car that was stopped by the police.  The police found drugs in the car.  No one in the car claimed the drugs.  Could I be convicted of a crime?

 

The answer depends on the specific facts regarding the individual case.  What needs to be established is that the person who is accused is in “knowing possession” of the drugs.  If that could not be established beyond a reasonable doubt.  The person would be entitled to an acquittal. Various factors would be looked to determine whether or not it could be established, beyond reasonable doubt that the person accused was in knowing possession of the drugs.  For example, if the accused person had a crack pipe in her pocket and crack was found in the automobile, it could be inferred that she knew about the specific drugs. What judges or juries look at it in determining whether or not someone is guilty of a case like this is the specific evidence that links the accused person to the drugs.

 

2.      I was in a house with other people in the police searched and found drugs; could I be convicted of these drugs?

 

As in the above example about automobile, the issue is whether or not; someone was in knowing possession of the drugs. Various factors would be looked at by the jury (or judge) in making this determination.  For example, if a person owned the house that could be considered as one factor in determining whether or not the person was in “knowing possession”.  Similarly, if the drugs were found in one specific person’s room or with one specific person’s belongings, these factors would also be considered. In short, the judge or jury would look at all of the factors to determine whether or not they were convinced, beyond a reasonable doubt that a person knew possession of drugs.

 

3.      If a person was driving was driving in a car that they do not own and after being stopped by the police, they found drugs in the car, could they be convicted?

 

Yes-if it could be established that the person was in knowing possession of the drugs.

 

4.      What if the police stop a person and pat them down and find drugs in their pocket-does that mean that they would be convicted?

 

It would depend on the reason for the police initially stopped the person and whether or not they were justified in conducting the pat down and, even after the initial pat down whether or not they were justified in removing the object from the persons clothing.  Before a police officer pats a person down, he must have the reason that is legally allowed under our laws.  If the law enforcement officer is not acting properly, a judge could prevent the evidence of drugs from coming into the case.  Even if the law enforcement officer was justified in conducting an initial pat down of the individual, they must be justified before they go further step in and remove certain objects from their pockets.  For example, a police officer who was having someone down to make sure that they had no weapons, it might not be justified in removing a container that could not possess possibly a weapon, and where the container itself would not make apparent to the police officer that the container contained any illegal drugs.

 

5.      I am guilty of possessing drugs.  I believe the police and a strong case against me.  Can a lawyer do anything to help me?

 

Yes.  A lawyer could evaluate the case to determine whether or not, the police acted properly and to make an independent assessment as to the strength of the case against you.  If, there is a strong case against you, your lawyer, may still be able to negotiate with the state to allow you to attend a drug counseling program instead of being convicted of a criminal offense. If it is a case that the state is seeking prison time for, your lawyer may be able to negotiate a recommendation to the court from the state that does not involve incarceration. Even if the state is insistent upon a jail sentence, the actual decision on this matter is made by the judge. Your lawyer may be able to convince the Judge that prison is not the solution.

 

6.      The police did not find any drugs; could a person still be prosecuted on a drug charge?

 

If there was sufficient evidence to establish that the individual was part of a conspiracy to sell, import, transfer or distribute drugs they could be prosecuted and possibly convicted if the evidence was sufficient to establish this beyond a reasonable doubt.  Obviously, a diligent criminal defense lawyer would scour the facts and law to determine the strength of the state’s case and to highlight all weaknesses to the judge and jury.

 

7.      I was charged with misdemeanor possession of marijuana, what happens if I’m found guilty?

 

The judge will determine the appropriate sentence.  If the cases and the Municipal Court, the maximum sentence could be up to 180 days in jail as well as a $500 fine in addition to court costs.  If the case were in the county courts and punishment could be up to one year in jail and a fine of up to $6,000.  In addition, any drug conviction in the state of Alabama would result in the suspension of the person’s driver’s privilege.  The Department of public safety within suspended persons driving privilege and they could not legally drive on the highways of the state of Alabama.

 

8.      I am charged with felony possession of a controlled substance of what happens if I am found guilty or plead guilty?

 

The range of punishment in Alabama for a felony possession of a controlled substance case is normally anywhere from one year and one day to 10 years in the state penitentiary. The actual sentence imposed is up to the Judge. The Judge can suspend all, part or none of the sentence. If an individual has prior felony convictions the range of punishment can be considerably enhanced under the Habitual Offender Act – Called the “Bitch Act” by those who feel its sting.

 

9. the police stopped me for no reason, can they do that?

 

No, but the police will usually insist that there was in fact a legitimate reason for your stop .Whether or not, this is true, is something that the court will have to decide.

 

10. If I have prior convictions, will this affect my case?

 

If you have prior felony convictions and you are charged with a felony and later convicted, you would face enhanced punishment under Alabama’s habitual offender act. In addition other criminal offenses such as DUI and domestic violence can be enhanced as a result of previous convictions for the same offense.  Since sentencing is discretionary, with the judge, and the judge is free to consider a person’s prior criminal history and to take that into account in fashioning what the court decides to be an appropriate sentence.

 

11. What is the difference between misdemeanor possession of marijuana and felony possession of marijuana?

 

A person accused of possession of marijuana, second-degree, also known as misdemeanor possession of marijuana has been accused of possessing marijuana for their own personal use.  This is a less serious offense than the felony charge of possession of marijuana of first-degree. The person to commit the offense of possession of marijuana in the first degree in of two things.  First flight means the person has been previously convicted of marijuana possession and is once again convicted of possession of marijuana.  Under Alabama law, this would constitute a family crime subjecting the pursuit of to 10 years in prison. The other way a person could be convicted of possession of marijuana would be if the amount of marijuana were there possession of the marijuana was found to be for “other than personal use”.  Thus a person who told a police officer that they had a small amount of marijuana, but they were planning to smoke it with their friends could be facing a felony charge for this but if the same person had remained silent it would probably only be facing a misdemeanor charge.  The most common cases of possession of marijuana, first degree involve a charge that the person had several bags of marijuana - the assumption by the police is often that that the intent of the person in having individually packaged bags of marijuana was for other than their own personal use. Of someone may not be charged with the actual sale of marijuana under the circumstances that is often the implication, under circumstances such as this, particularly when the individual charged also has a significant amount of money on their person.

 

It is my personal view that prosecutors tend to treat differently cases in which the party has several bags of marijuana, as opposed to a case in which a person may have a small amount of marijuana. but have been previously convicted of having a small amount of marijuana.  However, under the law, either of these circumstances could result in a conviction for possession of marijuana first-degree.

 

11. What is “Drug Court?”

 

The drug court program is a program that is designed to allow people to get treatment for drug problems and to avoid having a criminal conviction.  While there may be variations in these programs from county to county, the basic idea is that an individual must get treatment for substance abuse problem and they must remain drug-free.  If they successfully complete the program, the court can dismiss the charges against them, however, the person be unsuccessful in completing the program.  They can, and in fact frequently do wind up serving his sentence in prison.

 

12. If I have prior convictions can I still participate in the drug court program?

 

It is possible.  For example, in Madison County Alabama, the prosecutor would evaluate the individual case, as well as the criminal history of a person applying for the program.  If the prosecutor believed it to be appropriate under the circumstances, he could allow someone with prior convictions to participate in the program.

 

13. If I live out of state can I still participate in the drug court program?

Since each county has its own specific drug for court program, it would be necessary to find out from the program administrator or the District Attorney’s Office in that county, whether or not this be permissible.  I have seen instances where an individual who lived out of state was allowed to participate in counseling and have the charges dismissed upon successful completion.

 

14. Does it matter who is my judge?

 

Absolutely.  Different judges have different views as to what they think constitutes a fair and appropriate resolution. Additionally, different judges may have conflicting views as to how to interpret certain laws.  There is no question that just as different lawyers take different approaches to cases different judges also may have differing views.

 

15. How I go about choosing a lawyer?

 

Choosing the right lawyer for your case is a very important decision and there is no one absolute right way of doing this...  You may want to review the background and credentials of any lawyer that you are considering and, if possible, talk to other individuals who have been represented by that lawyer in similar matters.  You would probably want to meet face-to-face with any lawyer that you are considering and discuss your case with them.  Do not be afraid to ask appropriate questions, and evaluate the lawyer’s answers using your best judgment.

 

If you cannot afford a lawyer, you generally will have a right to have a lawyer appointed for you by the Court for serious criminal offenses or those that involve the potential of jail or imprisonment. Most judges will have the person requesting a court-appointed lawyer fill out a piece of paper called an “affidavit of indigency”.  If the court finds that an individual can not afford an attorney in the court has the authority to appoint a lawyer to represent the person.

 

16. Is a court-appointed lawyer free?

 

Typically, if you are found.  “Not guilty” that will be the end of the matter, and there should be no fees that you would have to pay.  However, if there is any resolution to your case other than a “not guilty” you may will be required to reimburse the state for the cost of those lawyers’ fees. Court-appointed lawyers can charge up to $3500 for a class a felony in addition to their actual overhead expanded.  In the case of a court-appointed lawyer, the judge would review the lawyer’s bill and determine if it was appropriate under the circumstances.  If the court disagreed, the court could either reduce the amount billed or in the alternative, even refuse to allow for payment.

 

17. Are court-appointed lawyers any good?

 

Hopefully, any lawyer, whether he is paid by the court system or through an individual, would use his utmost skill and ability in representing his client. Just because a lawyer has been retained, does not mean that he is in any way superior or better than a court appointed lawyer.  A person who has an appointed lawyer does not have the luxury however, of choosing a lawyer to his liking. People who are able to choose their own lawyer can of course choose a lawyer that they like and one who they feel has the background and experience that they want. Since a person’s liberty and their reputation are frequently at stake in a criminal case, everyone wants to have the very best reputation and possible.

 

18. I have heard of other people who are charged with the same thing that I am charged with who have been offered much better (or much worse) plea offers that I have been.  Why?

 

There is no one correct answer for this.  Some prosecutors are more were less generous than other prosecutors and some judges are more or less generous than other judges. Two individuals may have the same charges would very different facts, and very different criminal backgrounds. There is of course no easy explanation for this question.  If it is your intention to try to negotiate your case, your lawyer should do everything he possibly can to try to get you the best resolution possible under the circumstances.

 

19. Will a drug conviction affect my ability to drive?

 

Under Alabama law and individual who were convicted for a drug offense would be subject to the loss of their driving privilege for a set period of time by the Alabama Department of public safety.

 

20. Can a conviction cost me my job?

It can.  That decision is up to your employer. Certainly if a person is subject to incarceration for long period of time they’ll have a lot more to worry about than their job.

 

21. The police, or a police investigator, want to speak with me, should I talk to them?

 

You should immediately contact a lawyer before making any decisions regarding whether or not to speak with the police. Despite whatever pressure you may be under, you have the right to remain silent under the Constitution of the United States. There is absolutely nothing wrong with an individual, politely telling the police that they will make a decision as to whether or not to speak with them after, and only after, they have had an opportunity to speak with a lawyer.  Moreover, if an individual cannot afford a lawyer, they have a right to have a lawyer appointed to them prior to any decision as to whether or not they wish to speak with the police.  Bear in mind that anything you say can, and most likely will, be used against you.  Additionally, there is no reason that your lawyer cannot contact the police later and tell them that you wish to make a statement.  Unfortunately, some police officers either go right up to the line (or cross it) in an attempt to obtain a statement. For example a law enforcement officer might threaten to immediately arrest a person or to get a very high bond on their case in order to try to elicit a statement .Unfortunately for many people who are accused of crimes, they make the decision to speak with the police without having spoken with an attorney and regret this decision later. I have been told that there is and old Mafia saying to the effect of “You never see a fish on a wall that didn’t open its mouth first.” 

 

 

DISCLAIMER

 

Nothing in this website is to be taken as legal advice.  If you are facing criminal charges, you should consult a lawyer before you make any decisions that could affect your case. While I am a lawyer, the fact that you’re reading this website does not of course mean that I am your lawyer.  The following questions and answers are simply meant to educate the reader as to the types of questions that commonly come up in criminal cases.  Since every case is unique and fact specific and since there is frequently a dispute as to what the true facts of the case may be, you should always speak with a lawyer before you make any important decision regarding your legal rights.

 

Feel free to call or e-mail our firm if you want to discuss your specific case. We try to respond to calls and e-mails as quickly as can. The speed of our response usually depends on what our schedule is. We always give priority to existing cases and existing clients. Often the best way to speak with us is to call our legal secretary, Ellen and schedule an appointment with one of us. If it is after hours you can hit the Call now” button on the website and it should ring through to one of our cell phones. If we do not pick up please leave a message and or send an e-mail. E-mails are forwarded to the cell phone and the websites e-mailbox.

Drug Defense Lawyer in Madison County, Alabama

Whether the crime involves manufacturing, possessing, or cultivating a controlled substance, that crime itself can branch off into many other serious drug-crime offenses. Violent crimes also occur as a result. Once the drugs are ready for distribution and sale, they fall into the hands of individuals from all walks of life, including: members of organized-crime groups, dangerous drug cartels, gangs, juveniles and anyone else looking to make money on the black market.

Drugs are often referred to as controlled substances or narcotics. In Alabama alone, drug crime is a huge problem. It is held accountable for the destruction of many communities, as well as the vast increase of the prison population. Illegal drugs are widely distributed and sold throughout our schools, concert events, clubs, raves, neighborhoods and streets.