Legal Question in Criminal Law in Alabama

Ahhh, good old "constructive possession". This is standard-fare in Alabama: charge everybody in sight and let the courts shake it out.

You're right about the basic process. I wouldn't worry too much. UPOM 2 is a misdemeanor and if your daughter has no other felonies on her record, she should be fine.

One option might be to actually try her case. Many juries don't agree with "constructive possession" (the legal theory that you can "possess" something without actually having it on your person). Of course, that's a risk. And for something this minor, most folks typically don't want to risk it. She can plead guilty and get probation or possibly even plea into a drug court program and get a "deferral", which means she completes a program and then the case is dismissed.

Either way, a court appointed attorney can handle this without even breaking a sweat, unless there is something else going on that wasn't mentioned in your question.

Best of luck....

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