Glen Burnie Drug Lawyer

There is an array of criminal statutes related to the use, possession, and sale of many types of drugs. In Maryland, the list of controlled substances is long, and it continues to grow each year. A violation of any one of these statutes could lead to serious consequences. 

You do not have to face the prospect of a drug charge by yourself. Navigating the criminal justice system is challenging in the best of times. Doing it without the assistance of a defense attorney only makes an uncertain situation more difficult. The guidance of an experienced Glen Burnie drug lawyer could help obtain a favorable outcome in your case.

Possession of a Controlled Substance

The most common drug charge is the possession of a controlled substance. State law categories every controlled substance into one of five drug schedules. These schedules vary, with schedule I containing the substances that are most addictive, while schedule V drugs do not have the same severe dependence issues. What’s more, schedule I drugs are less likely to have viable medicinal purposes compared to lower schedules. The five schedules include:

• Schedule I (Maryland Criminal Law Section 5-402)
• Schedule II (Maryland Criminal Law Section 5-403)
• Schedule III (Maryland Criminal Law Section 5-404)
• Schedule IV (Maryland Criminal Law Section 5-405)
• Schedule V (Maryland Criminal Law Section 5-406)

The penalties associated with a conviction for possession of a controlled substance other than marijuana are capped at a maximum of four years behind bars. A conviction could also include a maximum fine of $25,000. These penalties could increase due to prior convictions for possession. Discuss the full array of penalties with a Glen Burnie drug attorney to better understand what is at stake.

Possession with Intent to Distribute

While possession charges are typically misdemeanors under state law, a charge of possession with the intent to distribute is treated as a felony. There are two theories a prosecutor could use to obtain a conviction for distribution. The first is by proving that a defendant actually dispensed or distributed a controlled substance to another person. This act does not have to be in exchange for money.

More commonly, however, these charges are based on the amount of a substance a person is alleged to have possessed. According to Maryland Criminal Statute Section 5-602, it is unlawful to possess a quantity of a controlled substance sufficient to distribute. In other words, the act of possessing a controlled substance could result in a felony charge based solely on the amount of the substance possessed.

Law enforcement is inconsistent in the way they approach distribution charges. In many cases, they overcharge a felony offense with the hopes of forcing a plea bargain on a lesser charge. A Glen Burnie drug attorney could work to reduce unfair charges when possible.

Understand the Law Regarding Marijuana

Like many states, Maryland has decriminalized the possession of small amounts of marijuana. Adults may possess less than one and a half ounces of marijuana and small amounts of other cannabis products without penalty. However, criminal provisions related to possession of larger quantities of marijuana and cannabis products can be prosecuted and punished.

Possessing more than one and a half ounces but less than two and a half ounces of marijuana subjects an adult to a civil penalty similar to a traffic ticket. According to Maryland Criminal Code § 5-601, possessing more than two and a half ounces but less than 50 pounds of marijuana is a misdemeanor. Possession of more than 50 pounds is a felony.

A conviction for possessing more than two and a half ounces of marijuana creates a criminal record and can lead to jail time and hefty fines. Anyone charged with a marijuana-related crime should contact a Glen Burnie criminal defense attorney for help.

Defending Drug Crimes

The most effective defense against a drug charge depends on the prosecutor’s evidence. Defenses such as mistaken identity, alibi, or false witness may be useful in some cases. In many other cases, a defense centers around problems with police conduct and procedures.

Problems With Physical Evidence

Drug charges are reliant on the quality of the physical evidence. Prosecutors must demonstrate that an accused possessed more than the legal amount of a specific controlled substance. 

A skilled drug crime defense attorney in Glen Burnie could attack the reliability of the prosecutor’s evidence. They could challenge the police lab’s identification of the substance and the manner in which it was weighed. They could force police authorities to prove the chain of custody was unbroken and that there was no opportunity for anyone to tamper with the alleged controlled substances.

Civil Rights Violations

Police are eager to make drug arrests, and, in their zeal, they may violate a suspect’s civil rights. Reviewing law enforcement conduct related to the investigation, arrest, and questioning of a suspect can show that law enforcement officers did not respect a suspect’s civil liberties. 

A legal professional could scrutinize whether a suspect was promptly informed of their right to remain silent and to have an attorney present during questioning. If the investigation involved electronic surveillance, a legal professional could ensure that proper warrants were issued. If a traffic stop led to the charges, a defense lawyer could investigate whether the police had probable cause to search the vehicle. Presenting evidence of civil rights violations to the court may lead to dismissal of charges. 

Sentencing After Drug Convictions

When a defendant pleads guilty to a drug crime or is found guilty after a trial, the criminal matter moves into the sentencing phase. Working with a skilled defense attorney in Glen Burnie could have a significant impact on the severity of a sentence for a drug crime. 

Judges use the Maryland Sentencing Guidelines when determining the sentence for a crime. The drug crime matrix considers the seriousness of the crime and the offender’s prior criminal record, if any. It also considers whether the offender was involved with the criminal justice system—such as out on bail, on parole, or recently released from incarceration—when the crime occurred.

The guidelines provide a range of sentences, and the judge is free to choose a sentence within the range. The judge can also choose a more or less severe sentence than the guidelines range. An attorney could present information that might influence a judge toward leniency.

Contact a Glen Burnie Drug Attorney

A criminal conviction could impact your quality of life permanently. A compassionate attorney could help you legally, but also provide the help you need to address any growing drug-related issues, from minor narcotics to hard substances, such as heroin.

If you are facing drug charges in Glen Burnie, an experienced attorney at Price Benowitz could provide you with your best chance of a favorable outcome. To get a free case evaluation, contact a Glen Burnie drug lawyer as soon as possible.