Alabama Criminal Defense Legal Questions

In Alabama, we do not have an ability to expunge a record. What we do have is the Pardon process. The Alabama Board of Pardons & Paroles oversees the pardon process. There is a 3 member board that reviews these applications and it takes 2/3 vote to receive a pardon. When qualifying for a pardon, the board is looking for individuals with past criminal histories that have had no new charges within 3 years. Following termination of probation and payment of all fines is required prior to applying for a pardon. It is best advised to consult an attorney who specializes in Pardons since any denial of a pardon will cause you to be disqualified to apply for two years. There is information on my website that outlines pardons in Alabama at swann-zwibel.com which can give you more information. Currently you do not qualify since you are currently serving probation on the new charge. Only after your probation has been completed and you have paid all of your court fines could you begin to apply. It is important not to apply while on probation since you will be disqualified automatically and will not be able to reapply for no less than 2 years.... Read More

Knowledge of the presence of drugs and intent to help, assist or aid are essential elements of the offense for which you are charged. If your friend 'set you up' with the assistance of law enforcement, there may be audio or video evidence which could substantiate your claim that you did not have knowledge of the illegal transaction.... Read More

Penalties for illegal possession of controlled substances vary from state to state. Alabama, where you are from, has very strict laws. I assume by 5colatapin you are referring to .5 mg of the prescription drug klonopin (clonazepam).  In Alabama, illegal possession of all controlled substances except small amounts of marijuana  for personal use is a felony, punishable by up to 10 years in prison and a fine. Alabama has drug courts in most counties. For first-time offenders, pre-trial diversion may be  available. If you qualify for pre-trial diversion and successfully complete the program, you may avoid a permanent conviction.  However, if you start and don't complete the program,you will be sentenced  and have a felony on your record. I recommend you contact a criminal defense attorney in the county where you were "caught" with the pills. Many do not charge for initial consultations. He or she can advise you as to whether your case is eligible to proceed via drug court, whether pre-trial diversion is available, and if so, whether you would qualify. An experienced attorney can also advise you as to possible defenses to a possession charge and whether other plea-bargaining options are available to avoid a felony conviction in your case. Pre-trial diversion is not for everyone. It requires you to admit your guilt of the offense and participate in a rigorous program. You will be required to work, perform volunteer work, undergo drug testing and participate in counseling.  Since a felony conviction would have dire consequences for your career, I strongly recommend you seek professional guidance and explore your options before pleading guilty to any offense. Jeralyn Merritt, Ask a Lawyer Panelist since 1998.  ... Read More