I believe you posted this question twice. Again, you need a good attorney. I believe the proper range of punishment on a first offense trafficking charge is actually 10 to life as a Class A felony (not 20), but there is a mandatory prison term attached. We at Parkman, Adams & White have significant experience in the Dothan area with trafficking cases and would be glad to help.
The Alabama Habitual Offender law only applies to felony for which the defendant is convicted prior to his arrest on the current charge.
In other words, if 2005 cases are just being prosecuted, only convictions that occurred prior to the 2005 cases could be used to enhance punishment under the habitual offender act.
If he was truly on probation, he should have been afforded a hearing. However, in some jurisdictions in Alabama inmates are placed in a Community Corrections program, which is similar to probation. If an inmate violates the terms of community corrections, they can be sent to prison without a hearing.
This is actually a very simple answer. A RSP III is a Class A misdemeanor and is punishable by up on one year in jail. The prior felony does nothing to enhance the range of punishment. It could be taken into consideration in fashioning the sentence, but it is still a misdemeanor.
Title 18 USC 3142(e) provides that there is a presumption that no condition of release will reasonably assure the appearance of the defendant or assure the safety of the community if there is probable cause that the defendant committed an offense punishable by a maximum term of ten years or more in prison.
In other words, in a federal drug conspiracy case, there is a presumption in favor of detention. This is rebuttable by the defendant, but it is fairly rare for a defendant of a drug...
The statute of limitations only applies to the amount of time they have to issue the warrant, not the amount of time they have to prosecute you. Therefore, if the warrant was issued 25 years ago (which is likely), the statute of limitations probably will not help you.
What shows up on any background check largely is determined by what is reported by the jurisdiction in which you were arrested to NCIC and whether your arrest and pretrial treatment are public information. If you were treated as a juvenile or youthful offender, there is a chance the arrest wont show up, or if the arrest occurred in some small municipality sometimes the arrests arent reported to any central database. What to say or not say depends on the questions that are asked, as well as...