Navigating Alabama Drug Charges: Deferred Adjudication

Facing a drug possession charge in Alabama can be an overwhelming experience. The state’s drug laws are robust, and a conviction—even for a misdemeanor—can leave a lasting mark on your criminal record, affecting employment, housing, and other civil rights. However, the Alabama legal system recognizes the value of rehabilitation over simple punishment, especially for first-time or non-violent offenders. This recognition has led to the implementation of powerful alternative sentencing mechanisms, such as deferred prosecution and pretrial diversion programs.

This comprehensive guide explains the critical process of a “change of plea” within the context of seeking deferred adjudication in an Alabama drug case, offering a pathway toward case dismissal and a clean slate. Understanding this procedure is the first vital step in protecting your future and exploring alternatives to traditional conviction and incarceration.

The “Change of Plea” to Deferred Adjudication

In Alabama, what the public often calls “deferred adjudication” for drug offenses is typically handled through Pre-Trial Diversion (PTD) or Drug Court programs. While the specific names vary by county and judicial circuit, the mechanism often involves a critical procedural step: the conditional guilty plea, sometimes referred to as an “adjudication withheld” program.

When you seek entry into one of these programs, you are usually required to acknowledge your responsibility for the crime. This acknowledgment often takes the form of entering a guilty plea or signing a written confession. This is the crucial “change of plea” aspect:

• The Conditional Plea: In an “adjudication withheld” program, you appear before a judge and plead guilty to the charge, such as Possession of a Controlled Substance or Second-Degree Possession of Marijuana.
• Withholding Adjudication: Critically, the judge accepts your plea but withholds a final adjudication of guilt and sentencing. The court defers the legal conclusion, pending your successful completion of the diversion program.

The plea is essentially a safety mechanism. If you successfully complete all the requirements of the program—which often takes six months to a year—the case is returned to court, the previously entered plea of guilty is set aside, and the charges are dismissed (or “nolle prossed”) by the District Attorney. This avoids a criminal conviction entirely.

Eligibility and the District Attorney’s Discretion

While the prospect of avoiding a conviction is a massive relief, admission into a deferred program is a privilege, not a right. The District Attorney’s Office holds considerable power and has the absolute discretion to screen and divert cases out of the criminal justice system when they believe the advantages of diversion outweigh prosecution.

A few key factors determine eligibility for drug-related offenses:

• Non-Violent Offense: These programs are generally for non-violent offenders. Drug offenses like Unlawful Distribution, Trafficking, and Manufacturing in the First Degree are typically ineligible for PTD, though simple Possession of a Controlled Substance is often considered.
• Prior Record: Defendants with prior felony convictions are usually ineligible. Furthermore, individuals who have previously enrolled in a PTD or similar program are also generally excluded from re-entry.
• Seriousness of the Crime: Prosecutors consider the seriousness of the crime, the impact on public security, and whether the defendant will benefit from the diversionary program.

An experienced legal expert will evaluate your history and the specifics of your case against the District Attorney’s established guidelines, which can vary across Alabama’s numerous judicial circuits, such as Jefferson or Lee County.

Essential Requirements of an Alabama Diversion Program

Once accepted, the process is zero-tolerance, meaning compliance with every condition is mandatory for the successful dismissal of your charges. The program requirements are designed to be intensive and highly structured, often lasting between six months to a year.

Program Component	Details & Impact
Fees and Costs	Application fees can range from $1,000 to $2,000, along with processing, victim impact, and court referral evaluation fees.
Drug & Alcohol Testing	Participants must submit to frequent, random drug and alcohol urinalysis and pay associated monthly testing and supervision fees.
Treatment & Education	Completion of drug and alcohol schools, treatment, and counseling programs is typically required. Level 1 programs take about six months, while Level 2 can take up to a year.
Behavior Requirements	You must commit to absolute non-criminal behavior, honorable conduct, and actively seek to obtain and hold a legitimate job.

Securing Your Future: Expungement After Completion

The ultimate goal of entering a deferred adjudication program for a drug possession charge is not just avoiding jail time, but clearing your name. Under Alabama law, successful completion provides a pathway to expungement—the sealing of criminal records from public view.

For felony offenses, charges that were dismissed after the successful completion of a Drug Court Program, a Veteran’s Court, or any court-approved deferred prosecution program can be expunged. The process requires a petition to be filed in the circuit court and can only begin one year after the program’s successful completion.

The benefits of expungement are life-changing. Once the record is expunged, the legal proceedings are deemed never to have occurred. You can legally answer on most job or credit applications that you have no record of the offense. However, a $500 non-waivable administrative filing fee is required, and the record must still be disclosed to certain government licensing or financial institutions. Navigating the expungement process requires precise filing and is best handled with the assistance of an experienced legal expert.

Key Takeaways on Deferred Adjudication

The decision to pursue a change of plea for deferred adjudication is complex and requires careful consideration of the risks and rewards. Here are the three essential points to remember:

1. It is a Conditional Plea: You must enter a plea of guilt, and if you fail the program, a conviction will be entered against you without a trial.
2. It is Discretionary: The District Attorney has the absolute power to determine your eligibility and admission into a Pre-Trial Diversion or Deferred Prosecution program.
3. It Leads to Expungement: Successful completion results in the dismissal of charges, and after one year, you can petition the court to have the arrest and charge records expunged from the public view.

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Frequently Asked Questions (FAQ)

Q: What is the difference between Pre-Trial Diversion (PTD) and Drug Court in Alabama?

A: Both are diversionary programs. PTD is generally run by the District Attorney’s office and focuses on pre-prosecution suspension, while Drug Court is a formal, court-supervised program often established by the Presiding Judge to address substance abuse through treatment integration with justice system processing. Both can lead to case dismissal upon successful completion.

Q: If I successfully complete the program, will my arrest record be gone immediately?

A: No. While the criminal charge is dismissed, the records remain until you successfully petition the court for expungement. For felony offenses dismissed this way, you must wait one year after program completion before filing the expungement petition.

Q: Are all drug possession charges in Alabama eligible for a deferred program?

A: No. Offenses like drug trafficking, manufacturing, or distribution are typically ineligible. The District Attorney also has discretion and can deny entry based on prior criminal history, proximity to a school zone, or other factors.

Q: What happens if I refuse to submit to a drug test while in the program?

A: Deferred programs operate on “ZERO TOLERANCE.” Noncompliance with any rule, including failing or refusing a required drug test, will result in your termination from the program and an immediate final adjudication of guilt and sentencing based on your original guilty plea.

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Disclaimer: This content is AI-generated for informational and SEO purposes only and is not legal advice. The laws regarding deferred prosecution, drug courts, and expungement in the State of Alabama are complex and subject to frequent change. Eligibility for any diversion program is at the sole discretion of the District Attorney and the Court. You must consult with a qualified Alabama legal expert to discuss the specific facts of your case and obtain legal guidance.

Seek professional guidance to navigate your best legal options.

Criminal Cases, Drug, DUI, State Courts, Legal Procedures, Filing & Motions, Statutes & Codes, Case Law, Criminal, Deferred Adjudication, Change of Plea, Drug Possession Alabama, Pretrial Diversion Program, Expungement, Controlled Substance, Sentencing Reforms, Felony Drug Charges, Misdemeanor Drug Charges, Drug Court, Alabama Code