Possession of marijuana in the first and second degree no longer mandate driver’s license suspension!

Police Stopping and Charging Person

Police Stopping and Charging Person

Proposed changes that are supposed to go into effect on 1/30/2016 change mandatory driver’s license suspension so that possession of marijuana in the first and second degree no longer mandate driver’s license suspension.

OLD Section 13A-12-291 NEW Section 13A-12-291
Specific crimes warranting suspension of driver’s license.  
A driver’s license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes: A driver’s license shall be suspended pursuant to Section 13A-12-290 for conviction of, adjudication of, or a finding of delinquency based on, the following crimes:
(1) Criminal solicitation to commit a controlled substance crime under Section 13A-12-202. (1) Criminal solicitation to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(2) Attempt to commit a controlled substance crime under Section 13A-12-203. (2) Attempt to commit the crime of trafficking in specified substances under Section 13A-12-231 or unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(3) Criminal conspiracy to commit a controlled substance crime under Section 13A-12-204. (3) Criminal conspiracy to commit the crime of trafficking in specified substances under Section 13A-12-231.
(4) Unlawful distribution of controlled substances under Section 13A-12-211. Removed
(5) Unlawful possession or receipt of controlled substances under Section 13A-12-212. Removed
(6) Unlawful possession of marihuana in the first degree under Section 13A-12-213. Removed

 

(7) Unlawful possession of marihuana in the second degree under Section 13A-12-214. Removed
(8) Sale or furnishing of controlled substances by persons over age 18 to persons under age 18 under Section 13A-12-215. Removed
(9) Trafficking in specified substances under Section 13A-12-231. (4) Trafficking in specified substances under Section 13A-12-231.
(5) Unlawful possession with intent to distribute a controlled substance under subsections (c) and (d) of Section 13A-12-211.
(10) Driving under the influence of a controlled substance, or under the combined influence of a controlled substance and alcohol under Sections 32-5A-191(a)(3) and 32-5A-191(a)(4). The suspension of a driver’s license for driving under the influence of a controlled substance, or under the combined influence of a controlled substance and alcohol pursuant to Section 32-5A-191 shall be governed by that section

Alabama Now Has A Class “D” Felony

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Alabama now has a Class “D” felony. Historically, Alabama has classified felonies as Class “A”, Class “B”, and Class “C”. With the prison reform bill proposed to be effective 1/30/2016, a Class “D” felony was introduced. Appropriate sections of the code follow:

Code of Alabama § 13A-5-11. Fines; felonies.

(a)  A sentence to pay a fine for a felony shall be for a definite amount, fixed by the court, within the following limitations:

(1)  For a Class A felony, not more than $60,000;

(2)  For a Class B felony, not more than $30,000;

(3)  For a Class C felony, not more than $15,000;

(4)  For a Class D felony, not more than $7,500; or

(5)  Any amount not exceeding double the pecuniary gain to the defendant or loss to the victim caused by the commission of the offense.

(b)  As used in this section, “gain” means the amount of money or the value of property derived from the commission of the crime, less the amount of money or the value of property returned to the victim of the crime or seized or surrendered to lawful authority prior to the time sentence is imposed. “Value” shall be determined by the standards established in subdivision (14) of Section 13A-8-1.

(c)  The court may conduct a hearing upon the issue of defendant’s gain or the victim’s loss from the crime according to procedures established by rule of court.

(d)  This section shall not apply if a higher fine is otherwise authorized by law for a specific crime.

Code of Alabama § 13A-5-3.

“(a) Offenses are designated as felonies, misdemeanors or violations.

“(b) Felonies are classified according to the relative seriousness of the offense into three four categories:

“(1) Class A felonies;

“(2) Class B felonies; and

“(3) Class C felonies. ; and

“(4) Class D felonies.

“(c) Misdemeanors are classified according to the relative seriousness of the offense into three categories:

“(1) Class A misdemeanors;

“(2) Class B misdemeanors; and

“(3) Class C misdemeanors.

“(d) Violations are not classified.

Code of Alabama § 13A-5-6.

“(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:

“(1) For a Class A felony, for life or not more than 99 years or less than 10 years.

“(2) For a Class B felony, not more than 20 years or less than 2 years.

(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day and must be in accordance with subsection (b) of Section 15-18-8 unless sentencing is pursuant to Section 13A-5-9.

(4) For a Class D felony, not more than 5 years or less than 1 year and 1 day and must be in accordance with subsection (b) of Section 15-18-8.

“(4)(5) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5) 15-20A-4, not less than 20 years.

“(5)(6) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony criminal sex offense involving a child as defined in Section 15-20-21(5) 15-20A-4, not less than 10 years.

“(b) The actual time of release within the limitations established by subsection (a) of this section shall be determined under procedures established elsewhere by law

“(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20-25.3 15-20A-19, or where an offender is convicted of a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5) 15-20A-4, and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant’s release from incarceration

“(d) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is convicted of a sex offense pursuant to Section 13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.

Criminal Law

TRUST OUR EXPERIENCED CRIMINAL DEFENSE ATTORNEY IN GUNTERSVILLE, AL

Have you been charged with a crime and need some representation? We would love to help you through this very scary time.

Whether you are facing a DUI charge, misdemeanor criminal charge, or felony criminal charge, we would love to help. We can assist you in the state Municipal Courts, District Courts, or Circuit Courts as well as the Federal District Courts in the Northern and Middle Districts of Alabama.

Police Stopping and Charging Person

Police Stopping and Charging Person

Criminal Justice Attorney in Guntersville, AL

When you’re faced with criminal charges or an arrest, it’s only natural to feel scared and alone. If you’ve recently been charged with a crime, calm your fears and give yourself defense options by turning to Paul A. Seckel Attorney At Law, a criminal lawyer in Guntersville, AL. Paul A. Seckel Attorney At Law can handle all types of criminal law cases, including:

  • Drug crimes

  • Violent crimes

  • Sex crimes

  • White collar crimes

  • Juvenile crimes

  • DUI

Let Us Fight for Your Freedom.

Let Us Fight for Your Freedom.

You are Not Alone

Whether you’re facing a traffic infraction at the state level or have been arrested for a federal crime, Paul A. Seckel Attorney At Law is prepared to litigate your case. During your legal proceedings, Paul A. Seckel Attorney At Law will serve as your advocate and offer you ongoing support. Paul A. Seckel Attorney At Law will fight for you to receive a fair trial, challenge any evidence that is illegally obtained, and make certain that your defense is presented as strongly as possible. Additionally, Paul A. Seckel Attorney At Law will:

  • Carefully investigate your case to uncover evidence
  • Interview all parties involved, including police
  • Bring in witnesses, when appropriate, to testify on your behalf
  • Present you with defense options to help you combat your charges
  • Negotiate with prosecutors to have your charges or sentence reduced, if possible

To learn more about Paul A. Seckel Attorney At Law’s criminal law services, call today to set up an initial case evaluation.

In Alabama, here are the statutory  sentences for misdemeanors:

Section 13A-5-7

Sentences of imprisonment for misdemeanors and violations.

(a) Sentences for misdemeanors shall be a definite term of imprisonment in the county jail or to hard labor for the county, within the following limitations:

(1) For a Class A misdemeanor, not more than one year.

(2) For a Class B misdemeanor, not more than six months.

(3) For a Class C misdemeanor, not more than three months.

(b) Sentences for violations shall be for a definite term of imprisonment in the county jail, not to exceed 30 days.

In Alabama, here are the statutory  sentences for felonies:

Section 13A-5-6

Sentences of imprisonment for felonies.

(a) Sentences for felonies shall be for a definite term of imprisonment, which imprisonment includes hard labor, within the following limitations:

(1) For a Class A felony, for life or not more than 99 years or less than 10 years.

(2) For a Class B felony, not more than 20 years or less than 2 years.

(3) For a Class C felony, not more than 10 years or less than 1 year and 1 day.

(4) For a Class A felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5), not less than 20 years.

(5) For a Class B or C felony in which a firearm or deadly weapon was used or attempted to be used in the commission of the felony, or a Class B felony criminal sex offense involving a child as defined in Section 15-20-21(5), not less than 10 years.

(b) The actual time of release within the limitations established by subsection (a) of this section shall be determined under procedures established elsewhere by law.

(c) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is designated as a sexually violent predator pursuant to Section 15-20-25.3, or where an offender is convicted of a Class A felony criminal sex offense involving a child as defined in Section 15-20-21(5), and is sentenced to a county jail or the Alabama Department of Corrections, the sentencing judge shall impose an additional penalty of not less than 10 years of post-release supervision to be served upon the defendant’s release from incarceration.

(d) In addition to any penalties heretofore or hereafter provided by law, in all cases where an offender is convicted of a sex offense pursuant to Section 13A-6-61, 13A-6-63, or 13A-6-65.1, when the defendant was 21 years of age or older and the victim was six years of age or less at the time the offense was committed, the defendant shall be sentenced to life imprisonment without the possibility of parole.

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