The Process of a Drug Possession with Intent Case
The process is obviously the arrest itself. Then, if it was from a warrant, the warrant is issued prior to the arresting done. They go in and they raid the place. They seize what they can. The charges are put out there. As far as the process goes for me, as a drug lawyer in Maryland, I want to know the origin of how the drugs were found.
If it was found by search of the home, then was there a good warrant? If it was found in a routine traffic stop, then was it truly routine? Next, what did they find and what’s the probable cause?
A person then is arrested and charged. At this point in time, a statement of probable cause becomes available for their investigation with all reports from the chemist, etc.
So you’re breaking one report down after another and you’re just working through the system one by one, just clicking off all the steps. At some point, the discovery has been provided by the state attorney’s office. That’s when you find out the state’s position.
What are they looking for? Are they looking for your guy or they’re hoping your guy will lead them to someone else? Is your client willing to talk? That’s an important question. Some people are just not wiling to turn on anyone else. That’s respectable. You don’t want to talk and you’re going to take your punishment. That’s fine.
People that you know who aren’t responsible but happened to be there and get arrested, sometimes are the people who take one for the team. Sometimes they don’t. Sometimes, they turn on everybody else. It’s a decision that I leave up to my client. If the state makes you a fantastic offer but they’re not going to follow through if you give them the information they know you already have.
For instance if this came from a wiretapping, where they know you have something on them and they’re looking for your help, they can offer you a great deal. But at the end of the day, I don’t force my client to take any offers. I tell them how beneficial things can be. I tell them if it’s a good offer or if it’s a bad offer. But it’s up to them. They’re going to make the choices.
They’re going to make the assertion that they want to do one with the other. Because then it’s on them to follow through. If they’re going look at you and say I want to go to trial, then as the attorney, you’re going to try the case. If they want to offer a proper to state attorney’s office, then you’re going to sit down for a proper session. They’re going to bring in the officers and answer their questions.
The state’s attorney is going to get to your fine after that. First of all, they’re relying on the truth. They’re relying on the information that they believe they can accessible from you. If you give them what they’re looking for, then that’s great. If you don’t, if you change your mind, then the proper is gone and you move on from there.