Categories: Court Info

Alabama Drug Possession: Diversion & Plea Bargains

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Facing drug possession charges in Alabama? Explore the crucial differences between plea bargains, Pretrial Diversion Programs, and Drug Court. Understand the legal pathways that can lead to case dismissal or reduced penalties, and learn how a dedicated Legal Expert can guide your defense strategy.

A charge of unlawful drug possession in Alabama can be a life-altering event. While the criminal statutes are notoriously strict—with many possession offenses classified as felonies—the legal system does provide pathways for eligible individuals to avoid a permanent conviction. Two of the most significant options for non-violent, first-time offenders are the use of a plea bargain to enter a diversion program or a specialized treatment-focused court. Understanding which path is appropriate and how to successfully navigate it is essential to protecting your future.

Understanding Unlawful Possession Charges in Alabama

In Alabama, drug possession charges are primarily prosecuted under the Code of Alabama, specifically Section 13A-12-212 for Unlawful Possession of a Controlled Substance (UPOCS). The severity of the charge depends on the substance involved:

Unlawful Possession of a Controlled Substance (UPOCS): Possession of most Schedule I–V drugs (like cocaine, heroin, methamphetamine, and most prescription drugs without a valid prescription) is typically a Class D felony. A Class D felony carries a penalty of one year and one day up to five years in prison, along with a fine of up to $7,500.
Marijuana Possession (Second Degree): Possession of marijuana for personal use only is a Class A misdemeanor, which can result in up to one year in jail and a fine of up to $6,000.

TIP: The Classification Difference

Be aware that possession of any amount of a Schedule I or II substance, even residue, can lead to a Class D felony charge under § 13A-12-212. Felony charges carry mandatory minimum sentences, making diversion programs particularly valuable for avoiding conviction.

Path One: The Pretrial Diversion Program (PTD)

The Pretrial Diversion Program (PTD) is a formal, statutory program that allows eligible defendants to have their charges dismissed entirely upon successful completion of the program. This is one of the most powerful outcomes available, as it avoids a conviction record.

PTD Eligibility and District Attorney Discretion

Admission into a PTD program is not a right; it is a privilege that is typically granted at the discretion of the District Attorney (D.A.) in each judicial circuit. While criteria vary by county, common requirements for drug offenses include:

The offense must generally be non-violent.
The defendant must have no prior felony convictions.
The charged drug offense usually excludes trafficking, distribution, or manufacturing crimes.
The defendant must not have previously participated in a PTD or similar program.

Key Conditions of the PTD Agreement

Participation requires a written agreement between the D.A. and the offender, outlining all terms and conditions (Ala. Code § 12-17-226.10). These terms can be extensive and are designed to address the underlying issues related to the offense. They frequently include:

Category	Common Requirements
Treatment & Behavior	Refrain from drug and alcohol use, attend counseling (individual, group, or family), and complete a certified drug or alcohol addiction evaluation and treatment program.
Financial & Fees	Pay restitution, court costs, fines, supervision fees, and application fees. The agreement may allow for wage garnishment to cover these costs.
Supervision & Conduct	Maintain or seek employment, complete approved community service, observe curfews, and agree not to leave the State of Alabama without consent.

CASE EXAMPLE: PTD Success

A 25-year-old was charged with Unlawful Possession of a Controlled Substance (a Class D felony) following a traffic stop. Due to a clean prior criminal record and no evidence of intent to sell, the individual was offered a PTD program. The agreement included 12 months of intense supervision, monthly drug testing, payment of $2,000 in fees, and completion of a substance abuse treatment course. Upon successful, timely completion, the District Attorney notified the court, and the felony charge was formally dismissed, allowing the individual to apply for expungement.

Path Two: Drug Court as a Specialized Diversion

Drug Court programs offer another structured route, especially for individuals whose crimes are directly related to drug dependency. While similar to PTD in outcome, Drug Court focuses heavily on judicial supervision, treatment, and recovery as opposed to simply fulfilling terms.

Drug Court Goals and Process

The primary benefit of a Drug Court program is that successful completion often leads to the criminal charges being completely dismissed, meaning there is no conviction on the criminal record. The process is highly intensive, typically lasting 12 to 18 months, and involves frequent court appearances and drug testing.

CAUTION: Drug Court’s Conditional Plea

Before entering Drug Court, the applicant and their Legal Expert typically enter a plea agreement with the District Attorney’s Office for one or more of the charges. A jail or prison sentence is decided but suspended pending completion of the program.

If Successful: The plea agreement is withdrawn, and all charges are dismissed.
If Unsuccessful: The defendant is terminated from the program, and the suspended jail or prison sentence is immediately imposed.

This structure means the pressure to succeed is high, as failure leads directly to the pre-agreed sentence.

The Role of the Plea Bargain in Diversion

The term “plea bargain” often refers to an agreement where a defendant pleads guilty to a lesser charge or receives a reduced sentence in exchange for foregoing a trial. However, in the context of diversion, the plea bargain serves a different, more strategic purpose.

Diversion vs. Traditional Plea Deal

When dealing with drug possession cases, a plea bargain can be the mechanism by which a defendant enters a diversion program. The plea is often made contingent:

Traditional Plea Deal: The defendant pleads guilty to a reduced charge (e.g., from a Class C felony to a misdemeanor) and is immediately sentenced (e.g., probation, fine). This results in a permanent criminal conviction.
Diversion Plea Deal (PTD/Drug Court): The defendant enters a “conditional” or “deferred” plea to the original or a reduced charge. Sentencing is suspended. If the program is completed, the case is dismissed, and no conviction is entered (or the conviction is set aside in Drug Court). This is the superior outcome for one’s record.

A skilled Legal Expert will negotiate to include a diversion or Drug Court component in the plea agreement, especially for first-time offenders. This strategy leverages the threat of trial against the prosecutor’s desire to secure a therapeutic outcome and reduce court congestion.

Summary: Key Takeaways for Your Defense

Navigating an Alabama drug possession charge requires a clear understanding of the available options and an aggressive defense strategy. Consult a Legal Expert to determine your eligibility for these alternatives.

1. Non-Violent First Offender Priority: If your charge is a first-time, non-violent drug possession offense (especially a Class D felony UPOCS), you are the primary candidate for Pretrial Diversion or Drug Court.
2. Dismissal is the Goal: Unlike a standard plea bargain, the major benefit of both PTD and Drug Court is the final dismissal of the criminal charge upon successful completion, which avoids a criminal conviction record.
3. Consequences of Failure: Both diversion programs carry strict requirements and a high risk: failure to complete the terms results in the immediate imposition of a jail or prison sentence.
4. District Attorney Holds the Key: Entry into a diversion program is largely contingent upon the discretion and approval of the District Attorney’s office in your jurisdiction, making skilled negotiation essential.

Card Summary: Diversion vs. Conviction

The ultimate goal in an Alabama drug possession case is to secure an outcome that allows for a clean record.

Diversion Programs (PTD/Drug Court): Success leads to Dismissal and eligibility for expungement.
Plea Bargain (Standard): Leads to a Conviction of a lesser charge, remaining on your record.

Frequently Asked Questions (FAQ)

Q: What is the difference between Pretrial Diversion and Drug Court in Alabama?

A: Both aim for case dismissal, but Drug Court is specifically designed for individuals with a dependency issue and involves a more intensive, court-supervised treatment and accountability model. PTD is broader and can involve various conditions, including community service and fees.

Q: Can I get my drug possession charge expunged if I complete a program?

A: Yes. If you successfully complete a PTD or Drug Court program, the original charge will be dismissed, and you may become eligible to petition the court for the expungement of your arrest record under Alabama’s expungement laws, provided you meet all statutory requirements.

Q: Is Unlawful Possession of Marijuana Second Degree (Misdemeanor) eligible for diversion?

A: Yes, a Class A misdemeanor like Unlawful Possession of Marijuana in the Second Degree is an eligible offense for many Pretrial Diversion Programs. However, eligibility can still be denied based on criminal history or other factors at the D.A.’s discretion.

Q: What happens if I violate the terms of the diversion agreement?

A: A violation can lead to immediate termination from the program. If terminated, the conditional plea agreement (which typically carries a jail or prison sentence) is accepted by the court, and the judge imposes the pre-agreed sentence. You would lose the opportunity for dismissal.

Q: Do I have to admit guilt to enter a diversion program?

A: For PTD, some circuits may require a statement admitting participation in and responsibility for the offense as a condition of entry. For Drug Court, you enter a guilty plea, which is held in abeyance (suspended) until graduation.

Disclaimer and Important Notice

NOTICE:

This content is generated by an Artificial Intelligence model and is for informational purposes only. It does not constitute legal advice, nor should it be taken as an attorney-client relationship. Drug laws, eligibility for diversion, and plea bargain conditions are highly dependent on the specific county, facts of the case, and the discretion of the District Attorney and presiding Judge.

If you are facing a drug possession charge, you must consult directly with a qualified Legal Expert in Alabama to discuss your case and available defense options under the latest version of Alabama Code statutes, such as § 13A-12-212 and § 12-17-226.10.

Drug, Criminal Cases, Legal Procedures, Statutes & Codes, State Courts, Plea Bargains, Diversion Program, Pretrial Diversion, Drug Court, Controlled Substances, Class D Felony, Misdemeanor, Sentencing, Probation, Expungement, Unlawful Possession, First-time Offender, Waiver, Restitution, Defense Attorney

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