Defenses to Drug Crimes

Knowledgeable Birmingham Criminal Defense Lawyer Aggressively Representing Clients Facing Narcotics Offenses

Facing serious drug charges in a place like Alabama is undoubtedly stressful. However, these cases aren’t as easy for the prosecution as you may think. For example, simply proving that you were in possession of drugs isn’t enough. And even getting that far may be harder than it seems, especially when you have an experienced Birmingham drug crimes defense lawyer by your side.

At the Stoves Law Firm, P.C., we represent clients facing all types of narcotics offenses in Birmingham and throughout Northern Alabama. Attorney Jason Stoves is known as an aggressive and creative lawyer, who develops strategic drug crime defenses designed to prevent the prosecution from proving its case against our clients. Regardless of the type of crime your facing, what your record looks like, or what sentence you could be facing, we can create a compelling defense designed to minimize—or eliminate—the impact of your arrest on the rest of your life.

What Are the Best Defenses to an Alabama Drug Crime?

There are several different types of drug crimes in Alabama. However, for the most part, the defenses are similar regardless of whether your charged with simple possession, possession with intent to deliver, or drug trafficking. Below are some of the most common—and most effective—drug crime defenses:

Lack of Possession

In drug cases, the prosecution must prove that you had control over the drugs and knowingly possessed them. One possible defense may involve arguing that you did not actually possess the drugs, meaning you were not aware of the presence of the drugs or did not have control over the location where the drugs were found. For example, if drugs were discovered in a shared vehicle or living space, your Birmingham criminal defense attorney can argue that the defendant had no knowledge of or control over the drugs.

However, Alabama law does allow prosecutors to argue in favor of “constructive possession.” Constructive possession refers to a legal concept where you are considered to have possession of an item, even if it is not physically on your person, because you had control over the area where the item was located or had the power to control the item itself.

Illegal Search and Seizure

The Fourth Amendment protects us all from unreasonable searches and seizures. If law enforcement obtained evidence through an illegal search, that evidence might be excluded from trial. This defense is applicable if the police conducted a search without a warrant, probable cause, or your consent. If the court finds that the search violated your constitutional rights, the evidence can be thrown out, potentially leading to the dismissal of the case.

Law enforcement actions involving potentially illegal searches and seizures can be challenged through a pre-trial motion to suppress. Some situations where a motion to suppress may lead to evidence being kept out of court include:

• A search your vehicle during a traffic stop;
• A pat down search of your person;
• A search of your home;
• A search incident to an arrest; and
• You made an incriminating statement without being advised of your Miranda warnings.

If law enforcement obtained a warrant, that doesn’t necessarily mean the warrant was valid. Birmingham drug crimes defense lawyer may be able to challenge the warrant on the basis that it was not supported by probable cause, wasn’t timely executed, or contained some other fatal defect.

Insufficient Evidence

A successful defense may also focus on the prosecution’s inability to meet the burden of proof. In all drug cases, the prosecution must prove beyond a reasonable doubt that you knowingly and intentionally possessed, manufactured, or distributed the drugs. If the prosecution’s evidence is weak, circumstantial, or does not directly link you to the drug activity, your defense might be that there is insufficient evidence to support a conviction.

Get Started on You Drug Crime Defense Today

If you are concerned about the potential impact of a drug conviction, your first step should be to understand all the possible defenses that may apply in your case. There is no better way to gain this understanding than to discuss your case with the Stoves Law Firm, P.C. Attorney Jay Stoves is committed to aggressively defending each of his clients and has a proven track record of successfully developing effective drug crime defenses. To learn more, and to schedule a free consultation today, call the Stoves Law Firm, P.C. at (205) 823-7233, or you can connect with us through our secure online contact form.