Are you a defendant facing drug possession charges in Birmingham, Alabama? A conviction for something as seemingly minor as possession charges can affect all aspects of your life. If you are being investigated or have already been arrested, you don’t have to face this situation by yourself.
With more than 100 years of combined legal experience, the attorneys at Jaffe, Hanle, Whisonant & Knight, P.C. know how to build a strong defense and protect your rights every step of the way. Contact us today at (205) 930-9800 to schedule a free consultation with a Birmingham drug possession lawyer.
Why Choose Jaffe, Hanle, Whisonant & Knight, P.C. If You’re Arrested for Drug Possession in Birmingham, AL?
Facing drug possession charges in Birmingham, AL, alone is risky. The law is complicated, and one mistake could mean serious penalties or even jail time. When you work with Jaffe, Hanle, Whisonant & Knight, P.C., you gain the support of a team that stands out in Birmingham and across Alabama.
Here’s what makes us stand out:
- We handle serious criminal charges in both state and federal courts.
- Every lawyer here takes a team approach to your defense from day one.
- Both senior partners have served as past presidents of the Alabama Criminal Defense Lawyers Association.
- All of our attorneys have been recognized by Super Lawyers for their exceptional results.
With our law firm, you don’t just get one attorney—you get the experience and knowledge of our entire firm fighting for your freedom. Don’t go through this alone. Contact us today to schedule a free consultation with a Birmingham criminal defense lawyer.
Overview of Drug Possession in Alabama
The possession of controlled substances, including drugs such as cocaine, heroin, methamphetamine, and prescription medications without a valid prescription, is strictly prohibited. Additionally, the possession of drug paraphernalia, items commonly used for consuming drugs, such as syringes, bongs, or pipes, is also unlawful.
What Are the Penalties for Drug Possession in Birmingham, Alabama?
Drug possession charges in Alabama carry serious, lasting consequences. The type of substance, the amount, and your specific situation all play a role in determining what penalties you may face.
Here’s what you need to know about Alabama’s laws:
Unlawful Possession of Controlled Substances
Possessing a controlled substance from Schedules I through V without a valid prescription or authorization is against the law. This is a Class D felony. If convicted, you could face up to 5 years in prison and have to pay fines up to $7,500.
First-Degree Marijuana Possession
Possessing marijuana for personal use in Alabama is a Class A misdemeanor that can result in up to 1 year in jail and a $6,000 fine. However, if you have a prior conviction, a second or subsequent offense becomes a Class D felony, which carries up to 5 years in state prison.
Drug possession convictions can have a serious impact on your freedom and future opportunities. Always speak with a lawyer as soon as possible after being arrested.
What Defenses Can Be Raised If I’m Arrested For Drug Possession?
If you’ve been arrested for drug possession in Alabama, it’s important to know that several legal defenses may be available to challenge the charges against you. Possible defenses include:
Unlawful Search and Seizure
If law enforcement illegally searched your person or your property, any evidence found may be inadmissible in court. Police must have a valid warrant or a legally recognized exception to search your home, car, or person. If your rights were violated during the search, your attorney can file a motion to suppress the evidence and potentially get your case dismissed.
Lack of Knowledge or Intent
If you did not knowingly possess the drugs or were unaware of their presence, this can be used as a defense. For instance, if drugs were found in a shared space, the prosecution may have trouble proving you intended to possess them.
The Drugs Did Not Belong to You
You may have a defense if you can show you had no control or ownership over the drugs found. For example, if drugs were found in someone else’s bag, car, or home where you were only a guest, an attorney can argue that you were not responsible for the substances.
Valid Prescription
If you had a legal prescription for the substance in question, this can be used as a defense. Providing proof that a doctor lawfully prescribed the drug can make it clear that your possession was authorized and not illegal.
Having an experienced attorney means you don’t have to figure out these defenses alone.
Schedule a Free Case Evaluation With Our Birmingham Drug Possession Attorneys
If you have been arrested for drug possession in Birmingham, you don’t have to navigate the legal system on your own. The consequences of a conviction can follow you for years, but you have options and the right to a strong defense.
Our experience and teamwork set us apart, and we are committed to standing by your side and defending your rights every step of the way. Contact Jaffe, Hanle, Whisonant & Knight, P.C. to schedule a free consultation with a Birmingham drug possession attorney.