Drug Distribution in Auburn
Distributing an illicit drug is a serious offense that refers to the transferring of that drug to another individual. The applicable law is comprehensive, and defending against these charges may require the assistance of a dedicated Auburn drug distribution lawyer. An experienced narcotics attorney can help you compile evidence and witness statements to work with you towards your desired outcome. Read on to learn more about how an Auburn drug distribution lawyer may be able to make a difference in your case today.
What Does It Mean to Transfer Drugs?The transfer of an illicit drug can be an actual transfer, a constructive transfer, or merely an attempt at a transfer. Actual transfer refers to the physical act of transferring the drug to someone else, while constructive transfer represents an intent to distribute the drug. If the drug is packaged, for example, that may be sufficient proof of intent to distribute. An attempt to distribute involves intent to transfer without the successful commission of the act. Criminal possession of a controlled substance means that an individual knows the drug is present and has control over it. The law’s constructive possession standard means that someone need not have a drug physically on their person to be considered in control of it. This also means more than one individual can be considered to have possession without having physical contact with the drug. Reach out to a skilled defense attorney to learn more.
Potential Defenses for Substance DistributionDefending drug distribution charges relies primarily on discovering errors committed by authorities. A qualified Auburn drug distribution lawyer may be able to prove that authorities did not have probable cause to search one’s residence or to stop their vehicle and search it. Additionally, police may not have properly obtained a warrant to allow a search based on a reasonable suspicion that a crime is being committed. Depending on the circumstances in which drugs were allegedly discovered for distribution, other defenses may be allowed. An aggressive Auburn drug distribution lawyer could prove to be a valuable asset in this regard.
Punishments for Distributing DrugsAlabama’s penalties for distributing illicit drugs can vary depending on the type and quantity of the controlled substance involved, whether the charge is for a first-time offense or a repeated crime, and whether the offense involved someone under the age of 18. A drug-related crime committed within three miles of an educational facility has a longer minimum mandatory sentence. Almost all drug distribution offenses are felonies in Alabama. While possessing drug paraphernalia carries lesser misdemeanor charges, repeat offenders may be charged with felonies for the same act. For first-time distribution offenses involving at least 2.2 pounds but less than 100 pounds of marijuana, the offense is considered a Class A felony that carries a minimum of three years in state prison and a $25,000 fine. A determined Auburn drug distribution lawyer may potentially be able to assist in the mitigation of these penalties depending on the circumstances of one’s case.
Penalties for Repeat OffendersDrug distribution cases involving amounts of cocaine or methamphetamines from 28 to 500 grams, or more than four grams of heroin, also carry a minimum prison sentence of three years for first-time offenders, but also a $50,000 fine. Repeat offenders may be sentenced to a minimum of ten years and a maximum of 99 years in prison, and fined $60,000. Those charged with felony drug crimes in Auburn do not qualify for Alabama’s deferred prosecution program. A weathered Auburn drug distribution lawyer could represent repeat offenders in court and work to determine if evidence was illegally obtained.
The Importance of an Auburn Drug Distribution LawyerIf you are facing charges for drug distribution, do not hesitate to reach out to a professional Auburn drug distribution lawyer today to gain an aggressive advocate for your defense. A skilled Auburn drug distribution lawyer will fight for the mitigation of your penalties by thoroughly examining every element of the investigation. Contact a qualified Auburn drug distribution lawyer today to schedule your initial consultation.