Drug Possession Lawyer

Drug Possession Attorney serving the Birmingham, Jefferson County, Shelby County and surrounding counties in Alabama.

A possession of drugs and the paraphernalia of drugs is a serious crime and in most states is a felony. (marijuana in some instances is now a misdemeanor) The seriousness of the crime of Possession of controlled substances is based on numerous factors. A controlled substance is defined as a substance that is “controlled” by State and Federal laws and are broken down into “schedules” defined by the Controlled Substances Act:

http://en.wikipedia.org/wiki/Controlled_Substances_Act#Schedules_of_controlled_substances

The penalties are based on the amount of drugs that have been found on your person, in your car or in your home. The charges range from simple possession to manufacturing, distribution and trafficking. Each charge is more severe depending on the amount and weight of the drug. You can also be charged with intent in each instance.

Criminal Defense Lawyer John T. Long has successfully defended hundreds of possession charges ranging from simple possession, distribution and trafficking of marijuana, cocaine, crack cocaine, ecstasy, hydrocodone and many other substances. Possession of paraphernalia includes used syringes, pipes, rolling papers, baggies and scales.

There are numerous defenses to the crime of possession of drugs. (Uniform Possession of Controlled Substances, UPOCS) The first defense is probable cause. The officer must have probable cause to conduct a search or to get a search warrant. The police have a right to do a “pat down” and to search the area within arm’s length for their own safety. Of course they will put in the report that “they feared for their safety.” The probable cause can be attacked by an illegal search and discrepancies in the officers’ testimony and report.

Another way to attack the evidence is the “chain of evidence.” The confiscated substance has to be properly handled from the scene of the crime to the police station and then to the forensics lab and back. If this chain is “broken” then the evidence can be excluded. If you have no evidence to admit at trial, then you have no case. The forensics lab then has to test and weigh the substance to determine if it is in fact controlled and they issue a Toxicology report that has to be testified to.

All of these evidentiary elements can be attacked by cross-examination and expert testimony. These elements can also be attacked by Motions to Suppress the evidence based on illegal search, chain of evidence and forensics.

If you have been arrested for possession of drugs or paraphernalia then you need to call the Law Office of John T. Long who has the experience and knowledge to aggressively defend your rights under the U.S. Constitution and the laws of the State of Alabama.

Call John now 205-745-7053