Criminal Law – Drug Possession

Criminal Law – Drug Possession

 

Possession of controlled substance is a serious offense in Alabama. Jail time can be a real possibility. Further it can result in the suspension of your driver’s license, and a conviction which will follow you the rest of your life. It will often disqualify you from the employment you want. The resulting consequences far beyond going to jail or paying a fine.

 

Often a conviction will turn on identification. Drug arrest maternal confidential informant it may be protected by the police. There are questions which must be raised by your attorney. Does the confidential informant have a record? Is he reliable? These are important questions which need to be answered before the state can impose guilt.

 

Another area is the chain of custody of the evidence. Recently in another state there was a wholesale dismissal of criminal cases because the crime lab was not confident in their test results were bad. Your attorney is the one who should attack the evidence.

Another favorite tactic of the police is to arrest everyone present in a drug crime. This means everyone in the car, room or house. The police like to arrest everyone and sorted out later. But does this mean the you are guilty of possession just because you’re in the same car what if you don’t know if someone else’s “holding”. You or your loved ones may be guilty of having a poor choice of friends, but does that mean that they should be convicted of a drug crime, be given a criminal record and barred from future possible employment?

If you’re on probation for other crimes a second arrest and conviction can loom even larger. You don’t have to be alone! A conviction for the second offense will cause a revocation of probation and the defendant will “have to take” the first sentence. This means that the sentences can be run consecutive or “one after the other.” The state in effects stacks the sentences.

 

Drug court is also a consideration. Don’t get me wrong, drug court can be a solution for the disposition of a charge and can be a valid recommendation. But drug court is not “a picnic” and should not be entered into without good legal advice and investigation of every possible resolution including a trial on the merits of the case. (It is also very expensive.) Before you go there you need to have your case evaluated.

 

Many people believe that they can negotiate this difficult area the law without an attorney. They believe that they will not pay the full consequences of possession. Before you make an appearance in any court make sure that you have talked with an attorney and that he has the skill and experience in handling these types of cases. Don’t count on a court appointed attorney or public defender who is usually overworked and handles or his caseload with less than special attention. You can expect more from a private attorney he selects his cases and has more time for the “details.” I can think of no other place that this is really “you get what you pay for.”

 

Be aware of the attorney that is cheaper than all others. If he is cheaper than all others, is he really going to do the work? He may be cheaper only because he is not going to do the work. Regretfully, there are attorneys out there who will only put their name on a case and not really do work. Watch out for those guys.

 

Going Out Of State

 

I’ve handle drug cases in Florida, Georgia and Texas the signs a regular practice of those kinds of cases in Alabama. After 35 years of practice, experience knows no boundaries. If you have a case out of state asked me how that is done. Perhaps an out-of-state attorney may be more effective than the average local counsel that is not to say there aren’t good local attorneys everywhere. The people have sought me out specifically to ask me to defend drug cases out-of-state.

 

Would you hire an attorney to represent your son out of state for one day? I was flown by my clients father to Texas to represent the son in a drug case. I arrived, disposed of the case in two hours and was back on the plane in time for supper and to sleep in my own bed. This was an extraordinary case but it underlines the conference my clients place in me.

 

Call me to discuss your special circumstances.

 

This is the “skinny” on drug possession under Alabama law:

 

Code of Alabama, 1975 section 20 – 2 – 1 through 20 – 2 – 93

Prohibited Acts As a Class a Felony

 

Except as authorized by chapter 2 title 20 of the Alabama code a person who possesses, sales, spices, gives away, obtains or attempts to obtain by fraud, deceit, misrepresentation or subterfuge or by the forgery or alteration of prescription or written order or by the concealment of material fact or uses a false name or gives a false address controlled substances as enumerated in schedules I, II, III, IV, V, is guilty of a felony.

Upon conviction a person may be imprisoned for not less than two nor more than 15 years and in addition may be fined not more than $25,000 provided that any person who possesses marijuana for his personal use only is guilty of a misdemeanor and upon conviction for the offense shall be imprisoned in the county jail for not more than one year, and in addition shall be fined not more than $1000 for the first offense. In addition any person who violates this section with respect to a counterfeit substance enumerated in schedules 135 is guilty of a felony and upon conviction for the first offense may be imprisoned for not less than two nor more than 15 years and may be fined not more than $25,000.

 

Under the Code of Alabama 20 – 2 – 71 of the Alabama Code…

Prohibited Acts As a Class B Felony

 

“It is unlawful for any person:

“(1) who is subject to section 20 – 2 – 50 of The Alabama Code to distribute or dispense a controlled substance in violation of section 20 – 2 – 58.

(2) who is a registrant to manufacture a controlled substance not authorized by his registration or to distribute or dispense a controlled substance not authorized by his registration to another registrant or other authorized person;

(3) to refuse or fail to make, keeper furnish any record, notification, order form, statement, invoice or other information required under this chapter; provided, however, that upon the first conviction of a violation under this provision said violator shall be guilty of a misdemeanor and shall be assessed a penalty of $1000. Subsequent conviction shall subject the violator to all of the provisions set forth under the classification below;

(4) to refuse entry into any premises for inspection authorized by this chapter; or

(5) knowingly to keep or maintain any store, shop, warehouse, dwelling, billing, vehicle, boat, aircraft or other structure replace which is resorted to by persons using controlled substances in violation of this chapter for purposes of using substances or which is used for keeping reselling them in violation of section 20 – 2 – 1 through 20 – 2 – 93 of the Alabama Code.

 

Upon conviction such person may be imprisoned for not less than two and more than 15 years and in addition may be fined not more than $25,000.

 

Under section 20 – 2 – 72 of the Alabama code.

Prohibited Acts As a Class C Felony

 

Is unlawful for any person:

(1) to distribute as a registrant a controlled substance classified in schedules one or two, except pursuant to an order form as required by section 20 – 2 – 57.;

(2) to use in the course of the manufacture distribution of a controlled substance and registration number which is fictitious, revoked, suspended or issued to another person;

(3) to acquire or obtain possession of a controlled substance by misrepresentation, fraud, forgery, the substance or for subterfuge;

(4) to furnish false or fraudulent material information in order to mid any material information from any application, report or other document required to be kept or filed under this chapter or in any record or per to be kept by this chapter; or

(5) to make, distribute or possess any punch, die, Blake, stone or other thing designed to print, imprint or reproduce the trademark, trade name or other identifying mark, imprint or device of another or any likeness of any of the foregoing upon any drug or container are labeling thereof so as to render the drug a counterfeit substance.

Upon conviction such person may be imprisoned for not less than two or more than 15 years and in addition may be fined not more than $25,000.

 

This is the law but you need to know you’re not alone!

Credit Repair Letter

How to Repair your Credit

 

 

How to Repair Instructions

 

Bankruptcy

 

Date :

Your Name

Your Address

City, State Zip

Credit Bureau

Credit Bureau Address

City, State Zip

Re: Deletion of Inaccurate Credit Information upon the credit report of __________________________; SS# ______________________

Dear Sir/Madam:

This letter is a formal letter of complaint that you have maintained inaccurated information upon my credit report and are reporting this inaccurate credit information upon credit reports issued by your firm.

This is disappointing that you have included the information listed below upon my credit profile. This will have a damaging effort upon my credit standing. The credit reporting laws require that bureaus report only accurate credit information. The inclusion of inaccurate information is a mistake on the reporting creditor’s part. Because of these mistakes on my credit report, I have been denied credit within the last 60 days. This was entirely due to the mistakes made upon your part. It has effected my life.

I was denied credit by (insert creditor’s name). Enclosed is the letter of credit denial I received. Please remove the inaccurated credit information within 30 days or I shall consider filing a complaint with the appropriate legal authorities. I have also included the following pieces for personal information for proof my credit identity.

I expect that you will verify and delete the inaccurate information within that time.

The offending information needs to be verified and deleted from the report as soon as possible:

(Offending Creditor Company, Account number: 356-345KT896

I look forward to receiving within 30 days of the date of this letter, written proof of the deletion of that inaccurate information returned to me at the above address.

Sincerely,

__________________________________

Your Name

SSN# 123-45-6789

Attachments included:

Copy of Driver’s License

Utility Bill Showing Your Current Address

Copy of Your Social Security Card

Copy of Denial of Credit letter recieved.in the last 60 day

Credit Score Repair Instructions

Credit Score Repair Instructions.

 

This web page will give you an overview of how to repair your credit score. It is a free service.

To get your truly free Credit Report click here. This report does NOT give you your CREDIT SCORE.

 

After you secure your credit report note the mistakes upon your credit report. You will then need to contact each of the credit reporting agencys. You can request it by phone or in writing. I prefer the written request, as it provides more complete proof of your request. I have proved the most recent information available to request it by phone nevertheless.

 

Here are their addresses:

Experian

P.O. Box 2002

Allen, TX 75013

 

Equifax Credit Information Services, Inc.

P.O. Box 740256

Atlanta, GA 30374

 

TransUnion, LLC

P.O. Box 2000

Chester, PA 19022

 

To Order Your Credit Report by Phone

This is not the way I would recommend, as phone calls are easily avoided, not followed up or otherwise “lost” by not being dealt with. I prefer a written request as it requires more document handling than a mere phone call in most organizations. Nevertheless here are the phone numbers.

 

Equifax 1-800-685-1111 – you can get a free report if you have been denied credit in the last 60 days. Make sure that you order only the credit report. Mail within 48 hours.

 

TransUnion 1-800-888-4213 – receive within 6 to 8 business days.

 

Experian 1-888-397-3742 – receive within 8 to 10 business days.

 

I would suggest writing writing a form letter and send it to each of the credit agencys. You and find a sample letter form here.

 

Free Credit Reports

 

You can get a free report once a year from www.annualcreditreport.com. This report does NOT give you your CREDIT SCORE.

 

If you are turned down for credit, employment, or insurance within the last 60 days. Take the written proof of your turn down and mail it to the credit bureaus, requesting your free report.

 

If you were charged higher rates and fees or deposits based on a credit report issued by a credit bureau, you have the right to get a free copy from that bureau.

 

If you certify in writing that either you are unemployed and plan to seek employment in the next 60 days.

 

If you are on welfare.

 

If you write to say you were a victim of fraud.

1. After you have secured your credit report note the errors.

2. Prepare the form letter to noting each of the errors you have found. Be sure to state the errors in detail. (The creditor, account number, the amount) This is your “contest” letter. Be sure and set out the negative errors completely.

3. Include the following information as proof of identity; You should provide:

Your Full Legal Name

Your Date of Birth

Social Security Number

Current Mailing Address

Your Previous Address, if less than five years

Copy of Your Driver’s License with Current Address

Copy of Your Social Security Card

Denial of Credit letter if received in last 60 days.

4. Make copies of each of the “contest” letters for your file.

5. Send the original “contest” letters by certified U.S. Mail to each of the credit reporting agencys listed above. You will need to send the “contest” letters to the credit agencys by certified mail in order to offer proof to either the FTC at this address;

 

Consumer Response Center

Room 130-A

Federal Trade Commission

600 Pennsylvania Ave. N.W.,

Washington, D.C. 20580

or the Alabama Attorney General’s Office at this address:

Consumer Protection Section Contact Information

 

Office of Alabama Attorney General Luther Strange

Consumer Protection Section

Hotline: 1-800-392-5658

Phone: 334-242-7335

Fax: 334-242-2433

Mailing Address:

Post Office Box 300152

Montgomery, Alabama 36130

Physical Address:

501 Washington Avenue

Montgomery, Alabama 36104

 

6. Mark the day you have notified each of the credit agencys on your calendar. They are required to provide you with evidence with 30 days of your request that they have corrected the errors.

7. On the day of expiration, if the credit agency has not sent you proof of that the change has been made, send copies of the “contest” letter you sent to the FTC or the Alabama State Attorney General’s Office.

 

REMEMBER YOU ARE NOT ALONE!!