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Drug Possession

Have You Been Charged with Drug Possession
and Want to Know More about Your Legal Rights?

There is nothing "minor" about an arrest for drug possession or possession with the intent to sell drugs. Zealous prosecutors bring heavy, multiple charges to appease the public. Judges' hands are often tied with minimum sentencing requirements for a drug conviction.

Your rights can evaporate unless you have the best legal counsel available. Kreps Law Firm, LLC is always available - our phones are answered 24 hours a day. Contact us immediately and ask for Joseph C. Kreps. Our well trained staff and team of experienced attorneys personally handle your case, combining aggressive defense with personal attention, and we are constantly aware of the impact the charges have on you and your family.

Free consultation: Call Toll-Free 1-866-347-2889 Today
Let our Experience Work for YOU
Kreps Law Firm, LLC   offers knowledgeable, vigorous defense of citizens charged with any drug offense, from simple possession to felony charges for possession of major quantities for distribution:

  • Possession of a controlled substance
    • Marijuana, also called pot and hash
    • Cocaine , also called coke and crack
    • Crystal meth(methamphetamine)
    • Ecstasy and MDMA
    • Heroin
    • PCP, LSD, and GHB, also called the "date rape" drug
  • Illegal possession of prescription narcotics (without a prescription)
  • Sale of drugs / possession with intent to distribute
  • Providing controlled substances to a minor
  • Dealing drugs near a school or housing project
  • Possession of drug paraphernalia
Our firm also represents clients in driver's license suspension hearings after they are charged with drug offenses.

Potential penalties depend on the type of controlled substance and the amount. One tiny gram may mean the difference between a jail sentence and hard prison time. (See statutes below for specific crimes and penalties.)

We'll Fight for the Best Outcome in YOUR Case
As experienced and proven drug possession defense lawyers, we will thoroughly examine the evidence against you to probe for any weakness in the prosecution's case. We look at all aspects of the government's conduct in your case and attempt to secure suppression of evidence based on:

  • Lack of reasonable cause for traffic stops that lead to drug charges
  • Illegal search and seizure
  • Violation of civil rights, such as police misconduct and refusing access to a lawyer
  • Admissibility of evidence based on prosecutor misconduct
  • Unreliability of informants and witnesses
  • Errors in measurement, analysis, and chain of custody of confiscated drugs

If we cannot get charges dismissed, our criminal defense attorneys are skilled negotiators who will make every effort to work out a favorable plea to a lesser charge and/or reduced penalties. We have helped many clients avoid jail or prison through negotiating for alternatives such as:

  • Drug treatment t
  • Drug Court - sentencing is deferred for qualifying defendants, and charges are dismissed if you stay clean for a proscribed period
  • Probation and/or fines

If your case goes to trial we offer a strong defense that makes prosecutors prove their case beyond a reasonable doubt. We are very familiar with state courts in Alabama, and we have extensive knowledge of federal court procedure as well.

Call Today: Toll-Free 1-866-347-2889
For a frank discussion of the possible and likely consequences for your situation,contact Kreps Law Firm, LLC to schedule a free consultation. Our Birmingham, Alabama, law firm strives to protect your freedom and your rights, and to secure the best possible outcome.

Crimes and Penalties for Drug Possession and Distribution


Under Alabama Criminal Code §13-5-6 & §13A-5-7 :

Standard Sentences
Class A Felony - Up to life in prison, minimum of 10 years
Class B Felony - Up to 20 years, minimum of 2 years
Class C Felony - Up to 10 years, minimum 1 year and one day

Class A Misdemeanor - Up to one year in county jail
Class B Misdemeanor - Up to six months in jail
Class C Misdemeanor - Up to three months in jail

Habitual / Repeat Offenders - Criminal Code §13A-5-9:
If you were previously convicted of a felony, penalties rise as follows:

Class C punished as Class B
Class B punished as Class A
Class A: Minimum 15 years, up to life in prison

After three previous felonies, minimum penalties rise as follows:

Class C - Minimum 15 years in prison
Class B - Minimum 20 years

Fines
Class A Felony - Up to $60,000
Class B Felony - Up to $30,000
Class C Felony - Up to $15,000

Class A Misdemeanor - Up to $6,000
Class B Misdemeanor - Up to $3,000
Class C Misdemeanor - Up to $500

(The amount of the fine cannot exceed double the monetary gain from the commission of the crime, unless addressed by specific statute.)


Possession
§ 13A-12-212. Unlawful possession of a controlled substance.


(a) A person commits the crime of unlawful possession of controlled substance if:
(1) Except as otherwise authorized, he possesses a controlled substance enumerated in Schedules I through V.

(2) He obtains by fraud, deceit, misrepresentation or subterfuge or by the alteration of a prescription or written order or by the concealment of a material fact or by the use of a false name or giving a false address, a controlled substance enumerated in Schedules I through V.


(b) Unlawful possession of a controlled substance is a Class C felony.


Exception:
§ 13A-12-213 Unlawful Possession of Marijuana, Second Degree (Personal use only, no previous convictions: Class A Misdemeanor )


§ 13A-12-215. Selling, furnishing or giving controlled substances to minor

If the offender is over the age of 18 and the offense consists of selling, furnishing or giving such controlled substances as enumerated in Schedules I, II, III, IV and V to a person who has not attained the age of 18 years the offender shall be guilty of a Class A felony . The imposition or execution of sentence shall not be suspended and probation shall not be granted.


§ 13A-12-211. Unlawful distribution of controlled substances.

(a) A person commits the crime of unlawful distribution of controlled substances if, except as otherwise authorized, he or she sells, furnishes, gives away, delivers, or distributes a controlled substance enumerated in Schedules I through V.

(b) Unlawful distribution of controlled substances is a Class B felony.


§ 13A-12-250. Sale on or Near a School Campus (Additional Penalty)

n addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was on the campus or within a three-mile radius of the campus boundaries of any public or private school, college, university or other educational institution in this state.


§ 13A-12-291. Sale at or near a public housing project (Additional Penalty)

In addition to any penalties heretofore or hereafter provided by law for any person convicted of an unlawful sale of a controlled substance, there is hereby imposed a penalty of five years incarceration in a state corrections facility with no provision for probation if the situs of such unlawful sale was within a three-mile radius of a public housing project owned by a housing authority.


§ 13A-12-270. Suspension of Driver's License for Certain Drug Related Violations

A driver's license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes:

(1) Criminal solicitation to commit a controlled substance crime under Section 13A-12-202.

(2) Attempt to commit a controlled substance crime under Section 13A-12-203.

(3) Criminal conspiracy to commit a controlled substance crime under Section 13A-12-204.

(4) Unlawful distribution of controlled substances under Section 13A-12-211.

5) Unlawful possession or receipt of controlled substances under Section 13A-12-212.

(6) Unlawful possession of marihuana in the first degree under Section 13A-12-213.

(7) Unlawful possession of marihuana in the second degree under Section 13A-12-214.

(8) Sale or furnishing of controlled substances by persons over age 18 to persons under age 18 under Section 13A-12-215.

(9) Trafficking in specified substances under Section 13A-12-231.

(10) Driving under the influence of a controlled substance, or under the combined influence of a controlled substance and alcohol under Sections 32-5A-191(a)(3) and 32-5A-191(a)(4)

§ 13A-12-292. Taking of license - Out-of-state licenses.

Upon conviction or adjudication of, or finding of delinquency based on, any of the offenses enumerated in Section 13A-12-291, the court shall take the defendant's driver's license and immediately forward it to the Department of Public Safety. Drivers' licenses from other states shall also be subject to suspension. The Department of Public Safety shall coordinate with other states when out-of-state licenses are involved.


§ 13A-12-260. Drug Paraphernalia

A driver's license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes:

(a) Definition of "drug paraphernalia". - As used in this section, the term "drug paraphernalia" means all equipment, products, and materials of any kind which are used, intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the controlled substances laws of this state. It includes but is not limited to:

(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived;

(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;

(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of any species of plant which is a controlled substance;

(4) Testing equipment used, intended for use, or designed for use in identifying, or in analyzing the strength, effectiveness, or purity of controlled substances;

(5) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;

(6) Dilutants and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose and lactose, used, intended for use, or designed for use in cutting controlled substances;

(7) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marihuana;

(8) Blenders, bowls, containers, spoons and mixing devices used, intended for use, or designed for use in compounding controlled substances;

(9) Capsules, balloons, envelopes and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances;

(10) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances;

(11) Hypodermic syringes, needles and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body;

(12) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marihuana, tetrahydro cannabinols, cocaine, hashish, or hashish oil into the human body, such as:

a. Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;
b. Water pipes;
c. Carburetion tubes and devices;
d. Smoking and carburetion masks;
e. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;
f. Miniature cocaine spoons, and cocaine vials;
g. Chamber pipes;
h. Carburetor pipes;
i. Electric pipes;
j. Air-driven pipes;
k. Chillums;
l. Bongs;
m. Ice pipes or chillers.

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