Protecting Your Future from a Drug Charge

A drug charge in Birmingham, Alabama, can have devastating and long-lasting consequences. Whether you are facing a misdemeanor charge for simple possession of marijuana or a serious felony for drug trafficking, a conviction can lead to substantial jail time, crippling fines, and a permanent criminal record that follows you for life. This record can create significant barriers to finding employment, securing housing, obtaining professional licenses, or even qualifying for student loans. When the stakes are this high, you cannot afford to face the prosecution without an aggressive and knowledgeable drug crime defense attorney by your side.

At Mark Bishop Turner Attorney At Law, we understand the complexities of Alabama’s drug laws and the tactics used by law enforcement and prosecutors. We believe that every person accused of a crime deserves a robust defense. We meticulously investigate every detail of your arrest, from the initial police encounter to the handling of evidence, to identify weaknesses in the state’s case. Our goal is to protect your rights, challenge the evidence against you, and fight for the best possible outcome, whether that’s a dismissal of charges, a reduction to a lesser offense, or an acquittal at trial.

Understanding Alabama Drug Charges
Alabama classifies controlled substances into five “schedules” based on their potential for abuse and accepted medical use. The severity of a drug charge often depends on the type and quantity of the substance involved.

• Unlawful Possession of a Controlled Substance: This is one of the most common drug charges.
  • Possession of Marijuana: Possession of marijuana for personal use is a Class A Misdemeanor for a first offense. A second or subsequent conviction can be a Class D Felony.
  • Possession of Other Controlled Substances: Possession of any other controlled substance (e.g., cocaine, heroin, methamphetamine, fentanyl, or non-prescribed opioids like oxycodone) is a Class D Felony, even for a first offense.
  • Actual vs. Constructive Possession: The prosecution doesn’t have to prove the drugs were on your person (actual possession). They can argue you had “constructive possession,” meaning you knew the drugs were present and had the ability to control them, even if they were found in your car, home, or near you. This is a common point of contention that a skilled attorney can challenge.
• Unlawful Distribution of a Controlled Substance: Selling, delivering, or exchanging any controlled substance is a Class B Felony. This includes sharing prescription pills with a friend.
• Unlawful Manufacturing of a Controlled Substance: This charge applies to producing, growing, or creating illegal drugs. Manufacturing in the first degree (involving meth or an explosion) is a Class A Felony, while second-degree manufacturing is a Class B Felony.
• Drug Trafficking: This is the most serious drug offense, based solely on the quantity of the drug in your possession, regardless of your intent. Penalties include lengthy mandatory minimum prison sentences without the possibility of probation. For example, trafficking in cocaine, meth, or heroin can range from a mandatory three years to life in prison depending on the weight involved.

Our Defense Strategies in Birmingham Drug Cases
A drug arrest does not automatically mean you will be convicted. The prosecution has the burden of proving every element of their case beyond a reasonable doubt. Our defense approach is proactive and thorough, focusing on key legal and factual issues:

• Illegal Search and Seizure: The Fourth Amendment protects you from unreasonable searches. Did police have a valid search warrant? Did they have probable cause to stop your vehicle or search your person? If your constitutional rights were violated, we will file a Motion to Suppress, which asks the court to exclude the illegally obtained evidence. If the motion is granted, the prosecution’s case often falls apart.
• Challenging Constructive Possession: In cases where the drugs were not found on you, we can argue that you did not know about the drugs or did not have control over them. This is common in situations where multiple people were in a car or a house where drugs were discovered.
• Problems with Evidence: We scrutinize the chain of custody for the alleged drugs. Was the evidence properly collected, labeled, and stored from the scene of the arrest to the crime lab? Any break in this chain can compromise the integrity of the evidence. We also challenge the results of lab analysis.
• Issues with Confidential Informants: Often, drug investigations rely on confidential informants (CIs). These individuals may have criminal records themselves and are often motivated by receiving a lighter sentence in their own cases. We can challenge the reliability and credibility of the CI’s information.
• Entrapment: This defense may apply if law enforcement induced you to commit a crime that you otherwise would not have committed.

Don’t Wait to Get Help. Contact Us Today.
If you or a loved one has been arrested on a drug charge in the Birmingham area, it is imperative that you act quickly to protect your rights. The prosecution is already building its case. Mark Bishop Turner is prepared to intervene on your behalf, investigate the circumstances of your arrest, and build a powerful defense strategy. We are committed to fighting for your freedom and your future.

Contact Mark Bishop Turner Attorney At Law today for a free and completely confidential consultation.