Legal Question in Criminal Law in Alabama

is cocaine residue a felony when found with pipe

Asked on 3/04/11, 10:13 pm

1 Answer from Attorneys

William Pfeifer Pfeifer LLC

Yes. If they are able to find enough residue to have it tested and determine that it is cocaine, in Alabama under current law they will charge you with unlawful possession of a controlled substance which is a Class C felony. A class C felony carries a range of punishment of up to 10 years in prison. This may change in the future if the legislature enacts new legislation that has been proposed by a committee headed by Alabama Supreme Court Chief Justice Sue Bell Cobb. Under that proposal, a new felony category of Class D would be created to deal with drug possession cases, and which would focus on alternative sentencing models rather than just putting people into prison. However, that legislation has not been enacted as of this date.

If you are being charged with a drug crime, you need to see an experienced criminal defense lawyer immediately. The punishment for drug offenders in Alabama is extensive. However, an attorney may be able to work out a resolution for you to avoid the harsher consequences and possibly even keep you from having a felony conviction on your record. You also may have defenses that you could assert to the charge in trial, such as an illegal search and seizure, the drugs belonging to someone else, or even a faulty lab test. Talk to a lawyer right away to find out your options.

Good luck to you.

William L. Pfeifer, Jr.

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Answered on 3/05/11, 4:08 am

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