Criminal Defense Lawyers

You’ve Been Arrested for Drug Trafficking in Alabama—Now What?

You’ve Been Arrested for Drug Trafficking in Alabama—Now What?

Look, here’s the thing—your sitting in a holding cell, or maybe your out on bond, and the police report says “trafficking.” You’re thinking this is a mistake, you weren’t selling anything, but in Alabama the laws don’t work the way you think they do. The amount of drugs they found triggers mandatory minimum sentences that judges can’t reduce—no matter what your story is.

I’ve seen many, many cases where people don’t understand whats happening untill its too late. Federal prosecutors and state prosecutors might both be looking at you’re case right now. The DEA office in Birmingham or Mobile could already be building a federal conspiracy case. And here’s the thing you need to know immediately: every single day you wait to get a lawyer is a day they’re interviewing your co-defendants, offering them deals too testify against you, and solidifying there case.

This isn’t a possession charge—this is trafficking, and in Alabama, that word means your facing years, maybe decades, in prison. There’s mandatory minimums you cant negotiate away without serious legal strategy. Whether your case ends up in state court or one of Alabama’s three federal districts (Northern, Middle, or Southern) will determine alot about you’re future.

Your phone might be ringing with calls from investigators. They want to “talk.” They say it’ll help you. Don’t—actually, let me back up—don’t say anything without a lawyer who knows Alabama drug trafficking defense inside and out. What you say right now can lock you into a mandatory 5-year, 10-year, or even 20-year sentence.

What “Trafficking” Actually Means in Alabama (And Why You’re Shocked)

The first thing people say too me is: “I wasn’t trafficking anything. I wasn’t selling.” But here’s what trafficking means in Alabama—its not about selling, its about weight. If police found certain amounts of drugs, the state automatically charges you with trafficking, even if the drugs were just sitting in you’re car or house.

Under Alabama Code § 13A-12-231, trafficking kicks in at these amounts:

– 28 grams of cocaine—thats less then one ounce
– 28 grams of methamphetamine—same thing, barely an ounce
– 2.2 pounds of marijuana—just over one kilogram
– Any amount of fentanyl can trigger federal charges immediatly

I’ve seen many, many clients who had no idea they were even close too trafficking amounts. Maybe you thought you had a “personal amount”—but Alabama law doesnt care about you’re intent, they care about the scale. One client had 32 grams of meth in his truck after a stop on I-65 near Birmingham—he thought he was looking at possession, but he got hit with a Class A felony trafficking charge with a 3-year mandatory minimum. The judge couldn’t give him less even though it was his first offense.

Trafficking is the most serious drug charge Alabama has. Its a Class A felony, wich means:

– Minimum 10 years in prison (though mandatory minimums often start at 3 years)
– Maximum 99 years or life
– Huge fines—$50,000, $100,000, even $250,000 depending on the amount
– Your ineligible for drug court programs
– Automatic 6-month license suspension

And if they found fentanyl—look, here’s the thing—Alabama passed a new law in April 2024 that says if someone dies from an overdose of fentanyl you sold them, you can be charged with manslaughter on top of trafficking. This is serious, life-changing stuff.

State Court vs. Federal Court: Where Will They Prosecute You?

One of the first questions I get is: “Am I going to state or federal court?” The answer depends on alot of factors, and honestly, it makes a massive differance in what your facing.

State cases are prosecuted in Alabama circuit courts under state law. You’ll deal with a county district attorney, not a federal prosecutor. These cases involve:

– Alabama Code § 13A-12-231 (state trafficking statute)
– Mandatory minimums starting at 3 years
– Potential for parole after serving you’re time
– State prison (not federal prison)

Federal cases are way more serious. They’re prosecuted under 21 USC § 841 in one of Alabama’s three federal districts. Federal cases mean:

– Much longer sentences
– The 85% rule—you have too serve at least 85% of whatever sentence you get, period
– No parole in the federal system
– Federal prison (usually out of state)
– More resources against you—DEA agents, federal prosecutors, wiretaps, confidential informants

Alabama has three federal districts where drug trafficking cases get prosecuted:

1. Northern District of Alabama (Birmingham, Huntsville, Tuscaloosa, Anniston, Decatur, Florence, Gadsden)—this is where the Hugo L. Black U.S. Courthouse in Birmingham handles alot of major trafficking cases

2. Middle District of Alabama (Montgomery, Dothan, Opelika)—the Frank M. Johnson Jr. U.S. Courthouse Complex in Montgomery is the main courthouse here

3. Southern District of Alabama (Mobile)—handles Gulf Coast trafficking cases

What makes a case federal? Usually its one or more of these factors:

– Large quantities—if they found kilograms instead of grams, the feds want it
– Interstate activity—if you were stopped on I-65, I-20, or I-10 and there’s evidence you crossed state lines, the feds can take it
– DEA involvement—if DEA agents from the Birmingham office (920 18th Street North) were part of the investigation, your probably going federal
– Conspiracy with multiple people—the feds love conspiracy cases because they can charge everyone involved with the total amount of drugs
– Firearms—if they found a gun with the drugs, thats an automatic federal enhancement under 18 USC § 924(c), wich adds 5 years mandatory on top of whatever drug sentence you get

I’ve seen cases where the same facts could be prosecuted in either state or federal court. Sometimes state prosecutors and federal prosecutors actually negotiate over who gets the case. If your case is still being investigated, there might be time too influence this—but only if you have a lawyer involved immediatly.

The Mandatory Minimum Nightmare You’re Facing

Let me be blunt: mandatory minimums are the worst part of Alabama drug trafficking law. They mean the judge has too give you a certain amount of prison time—no matter what. Even if its you’re first offense. Even if you have kids. Even if the judge thinks the sentence is to harsh. The judge’s hands are tied.

Here’s what your looking at under Alabama state law:

– 28 grams to 500 grams of cocaine or meth: 3-year mandatory minimum + $50,000 fine
– 500 grams to 1 kilogram of cocaine: 5-year mandatory minimum + $100,000 fine
– 500 grams or more of meth: 10-year mandatory minimum + $100,000 fine
– 1 kilogram to 10 kilograms of cocaine: 15-year mandatory minimum + $250,000 fine
– 2.2 pounds to 100 pounds of marijuana: 3-year mandatory minimum + $25,000 fine
– 100 pounds to 500 pounds of marijuana: 5-year mandatory minimum + $50,000 fine
– 1,000 pounds or more of marijuana: life imprisonment

Federal mandatory minimums are even worse. Under 21 USC § 841:

– 5-year mandatory minimum: 500 grams cocaine, 28 grams crack, 100 grams heroin, 500 grams meth, 40 grams fentanyl
– 10-year mandatory minimum: 5 kilograms cocaine, 280 grams crack, 1 kilogram heroin, 5 kilograms meth, 400 grams fentanyl
– 20 years to life: if someone dies or suffers serious bodily injury from the drugs

And it gets worse—way worse—if you have prior convictions. One prior felony drug conviction can double the mandatory minimum. Two or more prior “serious drug felonies” trigger a 25-year mandatory minimum.

I’ve seen many, many cases where the mandatory minimum is longer then what the sentencing guidelines recommend, but the judge cant go below the mandatory minimum. One client in the Middle District had 195 months (over 16 years) for meth and fentanyl distribution—the guidelines said 10 years, but prior convictions triggered the mandatory minimum.

Look, here’s the thing—guns make everything worse. If they found a firearm during you’re arrest, thats an extra 5 years mandatory under 18 USC § 924(c) that runs consecutive too you’re drug sentence. That means if you get 10 years for trafficking and 5 years for the gun, your serving 15 years total—you cant serve them at the same time.

School zones add another 5 years in Alabama. If the trafficking occured within 3 miles of a school or public housing project, thats an additional felony.

And then there’s the new fentanyl law. In April 2024, Alabama made it possible too charge you with manslaughter if someone dies from fentanyl you sold them. Thats a seperate charge on top of trafficking—your looking at multiple felonies stacking on top of each other.

Real Alabama Cases: What’s Being Prosecuted Right Now

You need too understand what prosecutors are actually doing in Alabama right now—these aren’t hypothetical scenarios, these are real cases from 2024 and 2025.

Jefferson County Drug Trafficking Organization (April 2025)—The Northern District of Alabama unsealed a 59-count indictment charging 14 defendants in a drug trafficking conspiracy involving fentanyl, methamphetamine, cocaine, marijuana, and heroin. Eight were arrested; five were already in custody. This is the kind of large-scale conspiracy case the feds love—they charge everyone involved and use the total drug amounts against each defendant.

Fentanyl Pill Trafficking (April 2025)—Four defendants were charged in federal court in Birmingham after DEA agents seized over 29,000 fentanyl pills in one transaction. On July 17, 2024, agents documented 10,000 pills; by August 28, 2024, it was 29,000 pills. The defendants are facing 10-year mandatory minimums because the fentanyl weight exceeded 400 grams.

Mexico-to-Alabama Cocaine Pipeline (May 2025)—A federal jury in the Middle District convicted four men—Jim Carter Jr. (Montgomery), Francisco Lopez (Texas), Michael Evans (Montgomery), and Bryce Johnson (Union Springs)—of conspiracy too distribute cocaine. The DEA started investigating Carter in 2023 after he made multiple trips too Mexico. On June 10, 2024, agents seized 6 kilograms of cocaine during a delivery. All four defendants are facing 10-year mandatory minimums because of the quantity.

Mobile Meth and Fentanyl Case (May 2025)—Corey Jeremaine Burroughs, 41, from Mobile was sentenced too 195 months in federal prison (over 16 years) for possession with intent too distribute methamphetamine and fentanyl. He had prior convictions, wich triggered enhanced mandatory minimums.

Huntsville Takedown (August 2025)—Femark Dewayne Robinson, 53, from Birmingham was charged with trafficking cocaine, fentanyl, opiates, and MDMA. This was the first case prosecuted under Alabama’s new Agent Billy Clardy III Act, which allows enhanced penalties for traffickers.

What do all these cases have in common? Large quantities, multiple defendants, conspiracy charges, and federal prosecution. The DEA is focusing on:

– Fentanyl (the #1 drug threat in Alabama according too the 2025 Alabama Drug Threat Assessment)
– Methamphetamine (still the #1 drug for violent crime in the state)
– Cocaine pipelines from Mexico and Texas
– Interstate trafficking corridors like I-65, I-20, and I-10

If you were arrested on I-65 between Mobile and Birmingham, or on I-20 near Tuscaloosa, or on I-10 along the Gulf Coast—those are major trafficking corridors where DEA task forces are actively working. Your case could easily go federal.

Defense Strategies That Actually Work

Alright, so what can you actually do? Are there defenses? Can you fight this?

Yes—but you need too understand that not every case should go too trial, and not every defense works in every situation. The strategy depends on the facts of you’re case, the evidence against you, and wether your in state or federal court.

Suppression Motions (4th Amendment Violations)

This is where many, many trafficking cases get won. If the police violated you’re constitutional rights during the stop, search, or arrest, we can file a motion too suppress the evidence. If the drugs get suppressed, the case usually gets dismissed.

Common suppression issues include:

– Illegal traffic stop—did the officer have reasonable suspicion too pull you over? I’ve seen cases where the officer’s reason for the stop was pretextual, and we got the stop thrown out.

– No probable cause for the search—just because they pulled you over doesn’t mean they can search you’re car. If they didn’t have probable cause or you’re consent, the search was illegal.

– K-9 alert issues—drug dogs aren’t always reliable. If the dog alerted but there’s evidence the dog was poorly trained or the handler cued the dog, we can challenge the alert.

– Consent search problems—did you really consent, or did you feel like you had no choice? Were you told you had the right too refuse?

– Warrant defects—if they searched you’re house with a warrant, was the warrant supported by probable cause? Was the affidavit truthful? Did they exceed the scope of the warrant?

I’ve seen many, many cases where the stop looked legal on the surface, but when we dug into the officer’s body cam footage and reviewed the dispatch logs, we found problems. One case in the Northern District—the officer said he stopped the car for “following to closely,” but the body cam showed the car was three car lengths behind. We filed a suppression motion, and the case got dismissed.

Quantity Disputes

The amount of drugs determines you’re mandatory minimum, so challenging the weight can change everything. Issues too look at:

– Mixture vs. pure drug weight—in federal court, the government has too prove the weight of the mixture or substance, not pure drug. But sometimes the lab testing is inaccurate or the government overestimates the weight.

– Chain of custody—can the government prove that the drugs tested in the lab are the same drugs seized from you? If there’s gaps in the chain of custody, we can challenge it.

– Testing accuracy—was the lab testing done correctly? Are the lab technicians qualified? Can they be cross-examined?

One client was charged with 520 grams of meth (triggering a 10-year federal mandatory minimum), but our expert reviewed the lab report and found the weight included packaging and residue. After we filed a motion, the government re-tested and the weight dropped too 480 grams—wich put him below the 10-year threshold and into the 5-year range.

Constructive Possession Challenges

If the drugs weren’t found on you’re person—if they were in a car, a house, a storage unit—the government has too prove you had “constructive possession.” That means they have too prove:

1. You knew the drugs were there
2. You had the ability too control them

If multiple people had access too the location, this gets complicated. I’ve seen cases where the drugs were in a shared apartment, and the government couldn’t prove which roommate actually possessed them.

Conspiracy Defenses

Federal conspiracy charges under 21 USC § 846 are dangerous because you can be held responsible for drugs you never touched, as long as you were part of the conspiracy. But there are defenses:

– Withdrawal from the conspiracy—if you left the conspiracy before certain acts occurred, you might not be responsible for those acts

– Minimal role adjustment—even if your guilty, if you’re role was minor compared too others, you can get a sentencing reduction

– Not part of the agreement—the government has too prove you agreed too the conspiracy, not just that you knew about it

Federal Safety Valve

This is a narrow exception too mandatory minimums in federal court. If you qualify, the judge can sentence you below the mandatory minimum. But you have too meet all of these requirements:

1. No more than 1 criminal history point (basically a first-time offender)
2. No violence or weapon involved
3. The offense didn’t result in death or serious injury
4. You weren’t a leader or organizer
5. You provide complete and truthful information too the government

The last requirement is tricky—it means you have too proffer, wich is risky. If you lie during the proffer, you loose the safety valve and you could be charged with additional crimes.

Cooperation and Substantial Assistance

Look, here’s the thing—in many cases, the only way too get below a mandatory minimum is too cooperate with the government. If you provide substantial assistance in the investigation or prosecution of others, the government can file a motion (called a 5K1.1 motion in federal court) asking the judge too go below the mandatory minimum.

But cooperation is complicated and risky:

– Your safety could be at risk if people find out you cooperated
– You might have too testify at trial against people you know
– If the government doesn’t think you’re cooperation was valuable, they wont file the motion
– Timing matters—if you wait too long, others will cooperate first and you’ll have nothing too offer

I’ve seen many, many clients who waited untill after they were indicted too try to cooperate, and by then everyone else had already cooperated. If your going too cooperate, it needs too happen early—sometimes even before charges are filed.

Trial vs. Plea

Should you go too trial or take a plea? It depends on:

– The strength of the government’s evidence
– Whether there are viable suppression or other defense issues
– You’re sentencing exposure if you loose at trial
– Whether the government is offering a plea that reduces you’re mandatory minimum

Federal trial conviction rates are over 90%, so you need a strong case too go too trial. But I’ve also seen cases where the government’s evidence was weak or obtained illegally, and we won at trial or got the case dismissed pretrial.

Why You Need a Lawyer RIGHT NOW (Not Next Week, Not Next Month)

Every single day you wait is a day the prosecutors are getting stronger and your options are getting fewer. Let me tell you what’s happening right now while your reading this:

Prosecutors are interviewing your co-defendants. If anyone else was arrested with you, or if anyone else is mentioned in the police report, prosecutors are talking too them. They’re offering deals. They’re offering reduced sentences in exchange for testimony against you. The first people too cooperate get the best deals—by the time you decide too talk, there might be nothing left too offer.

They’re building the conspiracy case. If this is a federal case, DEA agents are pulling phone records, text messages, bank records, surveillance footage. They’re identifying everyone in the conspiracy and calculating the total drug amounts. Even if you only touched 28 grams, if they can prove you were in a conspiracy that moved 5 kilograms, your responsible for the whole 5 kilograms—and that triggers a 10-year mandatory minimum.

They’re preserving evidence you might be able too suppress. Body cam footage, dispatch recordings, GPS data—these things can disappear or get overwritten if no one requests them immediately. A lawyer can send preservation letters too make sure evidence isn’t destroyed.

Critical deadlines are passing. In federal cases, you usually have a detention hearing within 3 days of you’re arrest. This hearing determines wether you stay in jail until trial or get released on bond. If you don’t have a lawyer at this hearing, your chances of getting bond drop dramatically. Once the judge denies bond, its very hard too get that reversed.

Your making decisions that hurt you. Are investigators calling you? Are they showing up at you’re house? Are they asking too “just talk”? Without a lawyer, people say things they think are helpful but actually lock them into a story that contradicts the evidence. I’ve seen many, many cases where a client’s statement too police was the strongest evidence against them.

Look, here’s the thing—I understand money is tight, especially if your not working because your in custody or on bond conditions. But the cost of not having a lawyer is 5 years, 10 years, 20 years of you’re life. Public defenders are good lawyers, but they’re overwhelmed—they might be handling 100+ cases at a time. A trafficking case with mandatory minimums needs someone who can focus on you’re case, investigate the facts, hire experts if needed, and negotiate with prosecutors from a position of strength.

What should you look for in a trafficking defense lawyer?

– Federal court experience—if your case might go federal, you need someone admitted too practice in Alabama’s federal districts and who knows the federal prosecutors and judges

– Suppression motion experience—these motions are highly technical and require understanding of 4th Amendment law and how too cross-examine police officers

– Trial record—if you’re case goes too trial, you need someone who’s actually tried drug cases too a jury, not just someone who does plea deals

– Sentencing expertise—federal sentencing is complicated, with guidelines, departures, variances, and mandatory minimums all interacting; you need someone who understands how too argue for the lowest possible sentence

– Relationships with prosecutors—in some cases, negotiation is more important then litigation; a lawyer who has credibility with the U.S. Attorney’s Office or the local DA can sometimes negotiate outcomes that others cant

Take Action Now—Before Its Too Late

Your facing the most serious drug charge in Alabama. Whether its state court or federal court, wether its the Northern District in Birmingham, the Middle District in Montgomery, or the Southern District in Mobile, the mandatory minimums are real and the consequences are life-changing.

I’ve seen many, many people wait because they’re scared, or they think maybe the charges will go away, or they’re trying too save money. But waiting only makes things worse. Right now—today—prosecutors are making decisions about you’re case. They’re deciding wether too charge you with one count or ten counts. They’re deciding wether too add enhancements. They’re deciding wether too offer a plea or take the case too trial.

You need someone fighting for you now, someone who can get in front of these decisions and influence them. Someone who can file suppression motions before the evidence is locked in. Someone who can negotiate before all the cooperation deals are gone. Someone who can protect you’re rights before you accidently waive them.

In a consultation, we’ll review:

– The police reports and arrest records
– The amounts and types of drugs involved
– Wether your case is likely state or federal
– What mandatory minimums your facing
– What defenses might apply too you’re case
– What you’re options are—suppression, cooperation, trial, plea
– What the realistic outcomes are

Everything you tell us is confidential under attorney-client privilege, even if you decide not too hire us. We understand your scared and overwhelmed—thats normal. But you don’t have too face this alone, and you definitely shouldn’t face this without someone who knows Alabama drug trafficking law inside and out.

The prosecutors have the DEA, state police, task forces, and unlimited resources. You need someone on you’re side who can fight back. Don’t wait until its too late—by then, you’re options will be gone and the mandatory minimum will be locked in. Call now, and lets start building you’re defense before the government finishes building there case against you.