Drug Crime Attorney Serving Baldwin County, Alabama

At Kesling Law Firm, we understand the profound impact that drug offense allegations can have on your life and future. Even if you're completely innocent, being charged with a drug crime can still lead to serious legal consequences and damage your reputation. That's why it's crucial to have an experienced and skilled drug crimes defense attorney on your side to fight for your rights, no matter what your situation entails. 

Led by attorney Joshua G. Kesling, our firm offers reliable guidance, unwavering support, and effective defense strategies to protect your rights and your future. 

Our drug crimes attorney has over 17 years of experience handling a wide range of drug-related offenses, from possession and distribution to manufacturing and trafficking. If you're in or near Baldwin County, Alabama, contact us today to schedule a free consultation and start building your best defense. 

Drug Crimes in Alabama

Drug crimes in Alabama encompass a broad spectrum of offenses that can lead to incarceration and a permanent criminal record. Some violations may also result in more severe consequences, such as lengthy prison sentences and significant fines. 

Alabama has strict laws regarding the possession, distribution, and manufacture of controlled substances. The severity of the penalties depends on various factors, including the schedule and quantity of drugs involved, prior criminal history, and whether the offense occurred near a school or park. This system serves as a deterrent to drug-related activities and aims to maintain the safety and health of Alabama's communities. 

At Kesling Law Firm, we provide comprehensive legal services and robust defense strategies to address drug crimes, ensuring that our clients fully understand their rights and the potential legal outcomes they may face. 

Understanding Drug Schedules

Controlled substances (CS) are regulated by the federal Controlled Substances Act (CSA), which divides CS into five categories called schedules. 

Schedule I drugs have a high risk of abuse and no accepted medical use, making them the only schedule that cannot be prescribed. Examples include heroin, GHB, LSD, and marijuana. 

Schedule II drugs pose a risk of severe psychological or physical dependence. Examples include morphine, methamphetamine, cocaine, methadone, hydrocodone, fentanyl, and PCP. 

Schedule III drugs may cause moderate or low physical dependence or high psychological dependence. Examples include anabolic steroids, codeine products with aspirin or Tylenol®, and certain barbiturates. 

Schedule IV drugs have a lower risk of physical or psychological dependence compared to Schedule III drugs. Examples include Klonopin®, Valium®, and Xanax®. 

Schedule V drugs have the lowest abuse potential and may lead to limited physical or psychological dependence compared to Schedule IV drugs. An example is cough medicine containing codeine. 

The penalties for drug offenses in Alabama are heavily influenced by the classification or schedule of the controlled substance involved. The severity of these penalties reflects the potential for abuse, addiction, and the accepted medical use of the drugs. 

Common Drug Crimes in Alabama

In Alabama, drug crimes are taken very seriously, and the state enforces strict penalties for various offenses. The following are some of the most common drug crimes that we’ve handled in Alabama: 

Drug Possession 

Possession of controlled substances is one of the most frequent drug offenses. This can range from small amounts for personal use to larger quantities that suggest intent to distribute. The severity of the charge can vary based on the type and amount of substance, as well as the individual's prior criminal history. 

Drug Distribution 

Also known as drug dealing, distribution involves the selling, delivering, or providing controlled substances to others. The penalties for drug distribution are typically harsher than those for simple possession and can include significant prison time, especially if large quantities of drugs are involved. 

Drug Trafficking 

Trafficking charges apply when an individual is caught with substantial quantities of controlled substances, indicating an intention to sell or distribute on a large scale. Drug trafficking carries some of the most severe penalties in the state, often including mandatory minimum prison sentences and hefty fines. 

Drug Manufacturing 

This crime involves the production or creation of illegal substances, which can include growing marijuana or producing synthetic drugs. Drug manufacturing is considered a severe offense and is subject to severe legal repercussions, including long-term imprisonment. 

Prescription Fraud

Prescription fraud involves obtaining prescription medications through deceitful means, such as forging prescriptions, doctor shopping, or altering prescription orders. This crime can apply to both the individuals abusing the system and the healthcare providers who enable such activities. 

Possession With Intent to Distribute

This charge is distinct from simple possession, as it implies that the individual intended to sell or distribute the drugs found in their possession. Factors such as the amount of the drug, the presence of paraphernalia like scales or baggies, and large sums of cash can influence this charge. 

Possession of Drug Paraphernalia

Possession of drug paraphernalia, such as pipes, bongs, syringes, or other items used for consuming or manufacturing controlled substances, is also an offense. Penalties vary depending on whether the paraphernalia is intended for personal use or distribution. 

Each of these offenses carries serious legal and personal consequences, and navigating the legal system can be overwhelming without experienced legal representation. At Kesling Law Firm, we are dedicated to defending your rights and achieving the best possible outcome in your case. 

Potential Defense Strategies

Facing drug crime charges can be overwhelming, but there are numerous defense strategies that can potentially mitigate or dismiss charges. At Kesling Law Firm, we tailor our defense strategies to each case's specifics, considering the unique circumstances and evidence. 

1. Challenging the Evidence 

One of the most common defense strategies is to challenge the evidence presented by the prosecution. This can involve: 

• Questioning the validity of the search and seizure. 

• Examining the chain of custody of the evidence. 

• Scrutinizing the accuracy of the test results for controlled substances. 

Example: If drugs were found in your vehicle during a traffic stop, your defense attorney might argue that the search was conducted without a proper warrant or reasonable suspicion, thus violating your Fourth Amendment rights. 

2. Possession Defense 

In cases involving possession charges, the defense may argue that: 

• The drugs did not belong to you. 

• You were unaware of their presence. 

This strategy can be effective when drugs are found in a shared space or vehicle. 

Example: If drugs were found in a house or car that you share with others, your lawyer might argue that the drugs belonged to someone else and that you had no knowledge of their existence. 

3. Entrapment 

Entrapment occurs when law enforcement induces an individual to commit a crime they would not have otherwise committed. This defense strategy hinges on proving that: 

• You were coerced. 

• You were persuaded by police officers into committing the offense. 

Example: If an undercover officer pressured you into selling drugs, your attorney could argue that you were entrapped and that the charges should be dismissed. 

4. Procedural Errors 

Sometimes, procedural errors made by law enforcement or during the legal process can work in your favor. This might include: 

• Mishandling of evidence 

• Failure to follow proper protocol 

• Violations of your legal rights during questioning or arrest 

Example: If you were arrested without being read your Miranda rights, your attorney could argue that your rights were violated, potentially leading to a dismissal of the charges against you. 

Frequently Asked Questions

The following addresses a few common questions we get at the Kesling Law Firm. We understand the confusion and stress that can come with facing drug crime charges, and we are always available to discuss your unique situation in a confidential consultation. 

What should I do if I am arrested for a drug crime in Alabama?

If you are arrested for a drug crime in Alabama, it is crucial to remain calm and exercise your rights. Here are some steps to follow: 

1. Do not resist arrest: Comply with the officers and avoid any actions that might escalate the situation. 

2. Remain silent: You have the right to remain silent. Be respectful, but do not answer any questions without your attorney present, as anything you say can be used against you in court. 

3. Request an attorney: Immediately ask for a lawyer. Do not discuss your case with anyone until you have legal representation. 

4. Document everything: Take note of any details you remember about the arrest, such as the names of officers, the time and location, and any witnesses. 

Can a drug conviction be expunged from my record in Alabama?

Expungement laws in Alabama are specific and have certain criteria: 

• Eligibility: Generally, only non-violent misdemeanor charges, including some drug offenses, can be considered for expungement. Felony convictions are not typically eligible unless they meet strict conditions. 

• Process: To seek an expungement, you must file a petition with the court and demonstrate that you meet all legal requirements. An attorney can help guide you through this process, ensuring that you have the best chance of clearing your record. 

• Implications: Successfully expunging your record means the conviction is sealed from public view, which can help improve future employment, housing, and education opportunities. 

How long can a drug case take to resolve?

The duration of a drug case can vary significantly based on several factors. But on average, a drug case can take several months to over a year to resolve. Your defense attorney can provide a more accurate estimate based on the specifics of your case. At Kesling Law Firm, we strive to handle your case as efficiently as possible while ensuring a thorough and effective defense strategy.