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What is the punishment for promoting prison contraband in 1st degree? Even if there's lack of evidence towards you

Wetumpka, AL |

I was arrested last year for promoting prison contraband. I was with a girl friend and I didn't know she had drugs under her seat. We were supposed to be heading to a friend house when she got pulled over and the police found drugs under her seat and a quarter sack in my purse. We were close to a prison. Help Idk who else to ask

Attorney Answers 3


  1. The facts, as you have described them, do not add up to the statutory definition of promoting prison contraband. You will need to consult a lawyer and vigorously fight the charge. The maximum punishment is 10 years in prison and a hefty fine.

    13A Criminal Code
    13A-10 Offenses Against Public Administration

    13A-10-36 Promoting prison contraband in the first degree.
    (a) A person is guilty of promoting prison contraband in the first degree if:

    (1) He intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any deadly weapon, instrument, tool or other thing which may be useful for escape;

    (2) Being a person confined in a detention facility, he intentionally and unlawfully makes, obtains or possesses any deadly weapon, instrument, tool or other thing which may be useful for escape.

    (b) Promoting prison contraband in the first degree is a Class C felony.

    (Acts 1977, No. 607, p. 812, §4615.)

    As always, no attorney/client relationship is created by this answer and I recommend that you contact a local, experienced criminal defense lawyer to discuss your particular situation.


  2. Your facts don't add up. In order to be arrested and convicted of the offense of 'Promoting Prison Contraband' as specified in section 13A-10-36 of the Code of Alabama, the following elements of the offense must be established: "(a) A person is guilty of promoting prison contraband in the first degree if: (1) He intentionally and unlawfully introduces within a detention facility, or provides an inmate with, any deadly weapon, instrument, tool or other thing which may be useful for escape; (2) Being a person confined in a detention facility, he intentionally and unlawfully makes, obtains or possesses any deadly weapon, instrument, tool or other thing which may be useful for escape. (b) Promoting prison contraband in the first degree is a Class C felony."

    That means that you must actually be inside the prison facility in order to distribute or "promote" the contraband. Your facts state that you were outside the prison.


  3. I agree with my colleagues that this doesn't sound like a case of promoting prison contraband, unless there's more going on. If so, don't post it here. Contact a criminal defense attorney if you haven't already.

    JDL

    Disclaimer: No attorney client privilege is established by receiving an answer to your question on Avvo. This answer is provided for informational purposes only. If you have further questions, please do not hesitate to visit my Avvo profile or website -- www.AfterTheTrial.com -- to set up an appointment to talk more about your issue. As required by Rule 7.2(e), Alabama Rules of Professional Conduct, no representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.

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