Alabama Drug Arrest Considerations
There are many things to keep in mind when facing an arrest for a drug offense in Alabama. Drug crimes vary and their arrests process will vary based on aggravating and mitigating factors at the scene of the arrest and determinations of those charged based on the complexities of a case with many people involved, like many drug offenses. Each case is different and will have different consequences and processes. An Alabama drug lawyer who will take all considerations necessary seriously during a drug arrest is the best help to someone facing potential conviction.
Certain factors of an arrest in Alabama will make the arrest more urgent in the eyes of law enforcement. There have been cases with women who have been pregnant that have been arrested for a drug crime and law enforcement deem that as a threat to the unborn child, so they will sometimes look at that much more seriously in terms of whether they are going to release that person. Sometimes they will attach conditions for treatment or drug screenings if they are released on bond.
They are several aggravating factors to take into consideration when faced with a drug offense in Alabama. Serious drugs like heroin could cause a difference, and a larger amount of a drug will also have an affect on the arrest. That is how the court, as well as the law enforcement, looks at it as those are the types of things that can be negotiated with the prosecutor—the amount of bond, the type of charges, and the conditions of release. An Alabama attorney can help a person negotiate these factors.
How Arrests Occur
Drug charges can become complicated when determining who is at risk of facing consequences at the scene of a drug arrest when there are many individuals involved. A lot of possession crimes are not crimes of ownership but crimes of knowledge. If a person is in a room or in an automobile where there are drugs that are in out in plain and open view, then a person opens oneself up to the risk of an arrest in Alabama. It does not matter whether a person intends to use the drug, it does not matter whether a person is, in fact, the one that purchased the drug or who owns the drug. The question is whether a person has knowledge of the presence of the substance. The law expects people who are in the presence of the illegal drugs to withdraw.
Even though it may not be their drugs, they are still expected not to be around people that have the illegal substances. The best advice an attorney can give someone is if a person sees somebody that has drugs in their home, a person opens themselves up to an arrest. Drug possession charges and their arrests require a person to know about the illegal substance. Even though it may not be theirs, a person may not have the intention to use it, but if a person has knowledge of it and if it is out of plain view, then they are subject to the possibility of going to jail and being arrested for possessing that drug. Knowing the situation and remaining careful is the best way to avoid an arrest for a drug offense, and taking into considerations