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

Asked 10 months ago - 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. Pascal Bruijn

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 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,... more
  2. Patrick Mahaney

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . 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. John Douglas Lloyd

    Pro

    Contributor Level 15

    1

    Lawyer agrees

    Answered . 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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,685 answers this week

2,845 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

27,685 answers this week

2,845 attorneys answering