Birmingham Marijuana Possession Lawyer
As more and more states in America move to decriminalize or legalize marijuana possession, Alabama remains steadfast in its prohibition of marijuana possession in any form. Even if you do not consider marijuana possession to be a serious offense, the courts in Alabama still take it seriously. This means that prosecutors may be inclined to prosecute you as a criminal defendant to the fullest extent of the law.
To protect yourself effectively, you may need competent legal representation from a Birmingham marijuana possession lawyer. Consult a trustworthy drug attorney and know that you are in capable hands.
Marijuana Possession Laws in Alabama
According to Alabama Code §13A-12-213, which criminalizes Unlawful Possession of Marijuana in the First Degree, a person unlawfully possesses marijuana when the drug is used for anything other than personal use, or if it is possessed for personal use after a prior conviction for unlawful possession.
Unlawful possession of marihuana in the first degree can be classified as a Class C felony, which has a potential penalty of up to 10 years and a fine of up to $15,000, or a Class D felony, which requires the defendant to serve a minimum of 1 year and 1 day in prison up to a maximum of 5 years.
The lesser offense of Alabama Code §13A-12-214, Unlawful Possession of Marihuana in the Second Degree, requires a person only to possess marijuana for personal use. This is considered a Class A misdemeanor, which could involve a fine of up to $6,000 and incarceration of up to one year. It should be noted that possession of salvia is also criminalized in Birmingham under Alabama Code §13A-12-214.1.
Factors That Impact Marijuana Possession Penalties
The more marijuana a person possesses, the more serious the charges and penalties may be. A number of additional factors can influence how the criminal law applies to a particular case, including:
- Quantity of marijuana possessed
- Location where the arrest took place
- Whether the possessed amount indicates a desire to distribute
- Proximity of arrest to sensitive areas, such as school zones
- Criminal history of the accused
In terms of criminal backgrounds, more than one prior conviction for a felony level offense could trigger the Habitual Offender Act, which levies harsher sentences against recurring criminal defendants. This act does not apply to Class D Felonies, however.
Benefits of a Marijuana Possession Lawyer
Initially, a Birmingham marijuana possession lawyer could explain what the law is and how it applies to a particular case. Over the course of an investigation, they may also ask questions to determine the types of legal defenses that can be raised in a court of law.
Prior to trial, experienced Birmingham marijuana possessions attorneys examine all the facts as presented to develop a trial strategy to defend the needs and interests of their client. First, they could look into the validity and legitimacy of the police officer’s search. Then, there must be a discovery process regarding the quantity and type of marijuana possessed.
Contacting with a Birmingham Marijuana Possession Attorney
Finding the right legal representation could make a significant improvement in not only the management of your legal case but also in your attitude about its outcome. Contact a Birmingham marijuana possession lawyer to discuss your case, learn about the charges, and learn how our legal services can benefit your needs.
You do not have to face criminal charges alone. Call today for more information.