Anne Arundel Drug Trials
Each drug charge in Anne Arundel consists of various elements. It is the state’s responsibility to prove all of the elements of each charge to secure a conviction.
If an individual is facing drug charges, it is crucial that they consult with an experienced Anne Arundel drug lawyer immediately. A knowledgeable attorney can help an individual navigate through their Anne Arundel drug trial, and help achieve a successful outcome.
Proving the Charge
The prosecution must prove all of the elements of the drug case fully if they want to convict an individual of that drug charge. For example, if an individual is facing six counts on a drug charge, and the prosecution can only prove one of them, then an individual will only be convicted on one of those charges.
It is up to the state to make the case. They have the burden of proof, and the proof is beyond a reasonable doubt. Their job is to present evidence, and they will have the testimony of officers and experts to do this.
If they can get all of their evidence in, then a jury or a judge can consider whether the evidence is good enough to convict someone. It is the defense’s job to show that the evidence was not good enough, that there was some fault with the case itself, that something was done improperly by the police, or that there is evidence that can be suppressed.
Arguing the Case
In any case where there is a jury, if an individual is facing multiple charges, after the state rests their case, a defense attorney would make what is called a motion for judgment of acquittal. Then, a person can argue both factually and legally that the state has failed to meet the burden of certain charges, and that the charge should be dismissed.
A person does not have to beat all of the charges, but if a person knocks several of them out, they can focus the jury on the remaining charges. Sometimes, if a person does well enough, the jury never gets the case. If someone is right on technical matters, legal matters, and factual matters during an Anne Arundel drug trial, an attorney has shown that an individual should not be convicted of the charge.
During an Anne Arundel drug trial, the search, either by warrant or on the vehicle, and how it happened, are often contested. If law enforcement is searching the vehicle, the defense attorney will question why the individual searched that vehicle in the first place.
After pulling an individual over, the officer will ask for license and registration, and go through the normal traffic stop proceedings. If it turns into something more, an attorney wants to establish why that needed to occur.
When defending a drug charge, an attorney has to weigh all of the factors in addressing what to do, how to do it, and how to argue against any unlawful practices the police may be committed.
If an officer has lied, if they gave information they did not have, or if they present something to a judge that was less than was necessary, then there is a reason to suppress that warrant. Such arguments can be effectively argued during an Anne Arundel drug trial using an experienced attorney.
Sentencing is often based on what a person’s record is and the offense itself. If it is a non-violent offense, and law enforcement found the drugs on an individual that did not have any prior convictions, the judge may consider giving them probation before judgment, which is not a conviction. Such a charge is expungable and can be removed from an individual’s record after three years.
If an individual has prior convictions, a judge may not consider giving them probation before judgment. An attorney would file a motion for notification and have it held with a sub curia, which means that they could have a motion’s hearing up to five years later and ask for a judge to reconsider the penalties. This is often because an individual has been clean over a period of a few years, and has remedied any potential drug issue.
There are a lot of things that an attorney can utilize to get an individual a better sentence including treatment, rehab, and other elements that can make a person more presentable. Sentencing is about both what an attorney brings to the table as well as what they can bring people’s attention to.
An attorney must be able to separate the client from their charge. Judges see hundreds of these sorts of cases, and if a person can get a judge to look beyond what is there, an attorney can sometimes get the individual a good disposition, especially in cases where a person cannot win a charge.
A lawyer’s goal is to keep their client out of jail, and will do whatever is possible to make that happen.