Legal Question in Criminal Law in Alabama

First Offence " Felony Possesion of A Controled Substance"

I was arrested in the early morning of January 15, 1998, by the Auburn Police Department in Alabama. I was charged with felony possession of a controled sucstance( one hit of LSD) is all that they charged me with. My court date is set in a couple of months. Could you please help me explore my options. I have never been arrested before and I am a full time student. I do not want this conviction to go on my record, and would do anything to get it taken off. Could you please give me some advise as to what I can do. Thank you

Asked on 1/16/98, 12:47 am

3 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Get a Lawyer, but Expect a Record

One hit of LSD...but you didn't [and shouldn't] say whether it was yours or not, or in your posession. The facts will determine whether it's worth fighting or a serious attempt to plead. In any event, you need legal counsel. If you don't have a record, you should be able to plead that down, unless that charge itself is a major concession b/c they couldn't get you with something else. This seems to be implied in your post. In any event,. you need a local lawyer to tell you what the judges in your area are likely to give you as a penalty. Don't expect to walk away though,--if you're convicted you're going to have a record, end of story. If you can get some letters of reference, that should help even if only a little.

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Answered on 1/21/98, 11:11 am

Jim Griffin The Law Office of James L. Griffin

DITTO on the get a lawyer bit!

Possession "crimes" are in vogue these days. You need a lawyer who knows your state's laws, judges, and prosecutors. In my state, NC, if you have a clean record and the cops do not want you badly, you may be able to obtain a deferred prosecution if it is a low enough felony. Basically, a fine, probation, supervised and/or unsupervised, substance abuse treatment, etc... But, if you comply, no record. Talk to a lawyer in your area soon.Good luck.

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Answered on 1/22/98, 1:06 am
Jes Beard Jes Beard, Attorney at Law

First Offence " Felony Possesion of A Controled Substance"

You really have to speak with a local attorney on a case like this.If you were here in Tennessee, and had no prior serious convictions, you could probably get what is called diversion, where you could keep the case off your court record if you stay out of trouble for the next year.And in states that don't formally have such a program, many prosecuting attorneys will still agree to passing the case for a time to see if you stay our of trouble and then dismissing it if nothing else comes up, but this practice varies widely and you really need an experienced local defense attorney to guide you through the maze.

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Answered on 2/03/98, 11:07 am

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