Drug Charge FAQ

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Drug Charges

Many persons will be charged with drug offenses in Alabama this year. The charges range from the minor - such as possession of drug paraphernalia - to the very serious - Manufacturing or Trafficking. Regardless of the charge, Charles C. Turner will fight to obtain the best result possible for drug charges in an Alabama court.

Q: I am a first offender who got caught with a small quantity of marijuana? Is there anything I can do to keep this off my record?

Yes, many times the prosecution will agree to a pretrial diversion of first offense drug charges. A pretrial diversion is an arrangement with a court that if the defendant undergoes counseling and stays out of trouble for a period of time, the charges will be dropped. Most courts do not advertise that pretrial diversions are available. Further, many times there is no formal program. You must have a lawyer that is capable of convincing the judge that you deserve a second chance.

Q:I have a drug problem and have been arrested for a felony drug possession charge. I want to get help and get my life back in order. Are there any programs for me?

Yes. Many jurisdictions have a program called "drug court." Drug court gives defendants an opportunity to receive counseling and show the world that they are truly rehabilitated. The defendant enters a guilty plea, but the judge does not find the defendant guilty. Instead, the court takes the matter under advisement and the defendant participates in the program for 18 months. If the defendant is succesful, then the court will withdraw the guilty plea and the defendant will be found not guilty. If the defendant does not succesfully complete the program, he or she will be sentenced and the conviction will stand. Charles C. Turner has represented many clients that successfully completed drug court and their charges were dismissed.

Q: I have a loved one who has become addicted to drugs and is now in trouble. Is there any way to get my loved one into rehab?

Yes. In my jurisdictions, the court will "outgate" the defendant to an inpatient rehab facility. The defendant is still technically locked up, but is in rehab and not in jail. It is essential to have a lawyer who is familiar with making these kinds of arrangements with courts.

Q: I was a passenger in a vehicle that was stopped by the police and searched. The police found drugs in the car and charged everyone in the car with possession. May I avoid a conviction?

Yes, it is possible to avoid a conviction under these circumstances. The state has to prove that you had control of the drugs and knew the drugs were present. If it cannot prove these two elements, you cannot be convicted of possession.

Q: If a policeman asks me if it is okay to search my car or my house, should I say yes?

You should always say "no."

Q: I was arrested for drugs and the police took away my property (money, car, house, etc.). Is there any way to get my stuff back?

Absolutely. Law enforcement very frequently seizes private assets, claiming that the seized assets are ill-gotten gains. The law is strict as to what may be forfeited. If the asset is otherwise pledged, unrelated to criminal activity or illegally seized, you may well be able to see it returned.

Q: I was contacted by a narcotics officer who tells me that he wants to talk to me. Should I speak with him?

Not without a lawyer.