
Drug trafficking in Alabama is one of the most aggressively prosecuted offenses in the state. When large quantities of controlled substances are involved, the charge is not simply possession or distribution but trafficking, which carries some of the harshest penalties allowed by law. Under Alabama Code section 13A-12-231, trafficking in methamphetamine, fentanyl, heroin, cocaine, or other specified controlled substances can be prosecuted as a Class A felony depending on the weight involved. A conviction for trafficking in these amounts means a mandatory minimum prison sentence starting at ten years and, in the most serious cases, a sentence of life imprisonment. There is also the possibility of fines reaching up to sixty thousand dollars, with certain trafficking amounts carrying even higher mandatory minimum fines. These penalties are not suspended and parole eligibility can be severely restricted.
Prosecutors build trafficking cases through a combination of physical evidence, surveillance, controlled buys, and testimony from confidential informants. In many cases, law enforcement will work with federal agencies such as the DEA, which can result in a case being moved to federal court where sentencing guidelines are even more severe and there is no parole in the federal system. The quantity of the drugs is a key factor in determining the charge. For example, possession of twenty-eight grams or more of cocaine, one kilogram or more of marijuana, or four grams or more of fentanyl can trigger trafficking charges. These thresholds mean that even those who are not large-scale dealers can face trafficking charges if they are found with amounts that meet or exceed statutory limits.
Defending against trafficking charges requires challenging every part of the prosecution’s case. A defense attorney will look closely at how the drugs were found, whether the search and seizure was lawful, whether the weight was measured correctly, and whether the defendant had actual knowledge and control of the drugs. Constitutional issues such as unlawful searches under the Fourth Amendment can result in suppression of the evidence, which can lead to dismissal of the case. In some cases, the defense may focus on showing that the quantity was below the trafficking threshold, which can reduce the charge to possession with intent to distribute or simple possession.
There are common questions people ask when charged with trafficking in Alabama. Can I get probation for trafficking? In most cases no, because the law imposes mandatory minimum prison sentences that judges cannot suspend. Can my case be moved to federal court? Yes, especially if the drugs crossed state lines or federal agencies were involved in the investigation. What if the drugs were not mine? Lack of knowledge and lack of control are possible defenses, but the burden will be on the defense to raise reasonable doubt. Will cooperating with authorities help my case? In some cases, cooperation can lead to reduced charges or sentences, but it should only be done under the guidance of an experienced attorney. How soon should I get a lawyer? Immediately, because trafficking cases often involve complex evidence and aggressive prosecution.
If you are charged with drug trafficking in Alabama, your freedom and your future are in jeopardy. For immediate legal help, contact Joe Ingram or Joe Joe Ingram Law, LLC at 205 335 2640. Get Relief Get Results.