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Drug Charges Information
Frequently Asked Questions about Drug Crimes
Q: What are the common legal challenges raised in drug cases?
A: The most common challenges in drug cases relate to how the evidence was obtained. If the police violated the defendant's Fourth Amendment search and seizure rights or Fifth Amendment rights against self-incrimination, the court will suppress the drugs or statements as being unlawfully obtained. Without this evidence, the prosecution may not be able to prove its case beyond a reasonable doubt and the case may be dismissed as a result.
Q: How is drug court different from regular criminal court?
A: Drug courts combine criminal justice and medical treatment models to deal with drug crimes. They recognize that incarceration may not be the most effective method for breaking the cycle of drug addiction and crime, especially for first-time and low-level offenders. Drug courts emphasize a cooperative approach between the prosecutor, defendant and court, and they favor rehabilitation over jail. Successful completion of drug court programs can result in reduced charges or sentences, or dismissal of charges altogether.
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The total number of drug arrests per year tops the annual total for all other offenses, including drunk driving, assault, theft, and disorderly conduct. If you are charged with a drug offense, do not delay in contacting a criminal defense attorney with experience defending against drug charges.
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Drug Charges Criminal Defense Lawyer - The Law Office of Michael P. Hanle
Charged with a Drug Crime? Call now for a free consultation at 205-930-9717
Drug crime defense attorney Michael P. Hanle defends clients charged with Alabama drug crimes - drug possession, drug trafficking, distribution, manufacturing, possession with intent to distribute, and conspiracy to possess. The Law Office of Michael P. Hanle has experience representing clients charge with drug crimes of any type and any severity. Mr. Hanle will defend his clients in any Alabama state or federal court. Through creative negotiation and tough, aggressive lawyering, Mr. Hanle is often able to get cases dismissed, penalties reduced, and sentences shortened despite mandatory sentencing guidelines.
A client who had originally been represented by another attorney was sentenced to ten years in prison for marijuana trafficking. The client was denied an opportunity to appeal by the Alabama Court of Criminal Appeals. He contacted Mr. Hanle, who petitioned the court to reconsider the original sentence. The result was that the sentence was amended to one year. This dramatic turnaround avoided a very unfavorable prison sentence. His client will be free later this summer.
Please read further for more information regarding drug charges.
Drug Crimes - An Overview
Drug crimes cover a broad range of offenses involving controlled substances, from possession and sale to manufacture and distribution. These crimes involve violations of federal or state law, or both. Depending on the particular circumstances of a case, these offenses can result in a broad range of potential criminal and administrative consequences, including probation, prison, property forfeiture and participation in a court-ordered drug treatment program.
Though more severe charges typically result in harsher penalties, even less serious charges, such as possession of a small amount of a controlled substance, may have severe consequences, especially if prior convictions, firearms, activity near protected zones (e.g., schools and parks), or minors are involved.
If you have been charged with a drug crime, consult an experienced criminal defense attorney at our firm to discuss your legal options.
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Federal Drug Crimes
The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, classifies narcotics, marijuana and other drugs into five categories, or Schedules. Besides establishing requirements relating to manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the nature and quantity of the substance involved, as well as the presence of sentence-enhancing factors, the criminal penalties can be severe. If you are facing federal drug charges, consult with an experienced and knowledgeable criminal defense attorney at our firm for advice on the law, your rights and how to proceed.
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Searches and Seizures in Drug Cases
The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by the government. Particularly in drug cases, the legality of how law enforcement officials obtained the evidence used to support the State's case is a central and often-challenged issue. If the government's conduct violated the Fourth Amendment, the evidence is deemed inadmissible. Without the necessary evidence to prove the criminal charges, the State may have to dismiss its case against a defendant. If you have been charged with a drug crime, an experienced criminal defense attorney at our firm can advise you whether the evidence leading the charge may have resulted from an illegal search or seizure.
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Criminal and Civil Forfeiture
Forfeiture is the government seizure of property connected to illegal activity. Utilized by the federal and state law enforcement in the ongoing "war on drugs," the practice has not been without controversy. Law enforcement has asserted that it is a necessary and effective deterrent to drug crime, while opponents argue that existing procedural safeguards result in too many innocent parties having their property taken away, with little or no recourse for recovery. If your property or assets have been the subject of a criminal or civil forfeiture, it is important to consult with an experienced forfeiture defense attorney to understand your rights and options.
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Alternatives to Incarceration in Drug Cases
Since the late 1980s, there has been a dramatic shift in the approach of the American justice system toward drug crimes. Drug courts, which operate or are being planned in all 50 states, offer an alternative to traditional incarceration. By providing a structure that emphasizes substance abuse treatment and on-going supervision, drug courts aim to rehabilitate and reduce repeat offenses. Consult with an experienced criminal defense attorney at our firm to learn the range of alternatives to jail that may be available to you.
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Drug Crimes Resource Links
Illegal Drugs Information
This Web site provides facts, policy issues and public opinion information about illegal drugs from Public Agenda, a nonpartisan opinion research organization.
Drug Courts
Maintained by the National Criminal Justice Reference Service, this Web site provides information about the history, operation, organization and goals of drug courts throughout the country.
Federal Drug Trafficking Penalties
This United States Drug Enforcement Administration (DEA) site lists the penalties for federal trafficking offenses by drug, quantity and offense level.
Criminal and Civil Forfeiture
This page, maintained by the Legal Information Institute of Cornell University Law School, gives an overview of the government power to seize of property connected to illegal activity and explains the difference between criminal and civil forfeiture.
The Fourth Amendment
The Fourth Amendment to the Constitution prohibits unreasonable searches and seizures. This site provides the full text, history and scope of this amendment.
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The Law Office of Michael P. Hanle arranges to get clients into drug court, which allows them to live and work in the community rather than go to prison. He has also been successful obtaining sentences that involve treatment instead of prison time. Contact Michael P. Hanle today if you are facing drug charges in Birmingham, Alabama or in nearby communities including Hoover, Homewood, Mountain Brook, Huntsville, Columbiana, Decatur, Ashville or Pell City in the counties of Shelby, Jefferson, St. Clair, Cullman, Madison, or Montgomery.
Aggressive Criminal Defense in Federal, State, or Local Alabama Courts
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CRIMINAL FAQS
Read our frequently asked question relating to manner criminal matters. These FAQs are interesting and informative.
SEE FAQS
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My Law firm handles cases throughout Alabama including, but not limited to the following cities and counties: Birmingham, Hoover, Huntsville, Decatur, Tuscaloosa, Montgomery, Mountain Brook, Homewood, Alabaster, Asheville, St. Clair County, Talladega County, Shelby County, Cullman County, Madison County and more.
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© 2008 Michael P. Hanle
No representation is made that the quality of the legal services to be performed is greater than the quality of the legal services performed by other lawyers.
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