Prince George’s County Drug Arrests
Drug cases for possession misdemeanor are heard in district court. When the charge is a felony, it goes for a trial in the circuit court. However, that is only after a preliminary hearing in district court within 30 days of being served in charges. A possession case can be a bench trial in district court or it can go to a jury trial in circuit court. Typically, people’s cases go to jury trials.
When heard in district court, a possession case can take from two to three months. A felony case could be up to four to six months.The most common ways that drug offenses are charged are possession, distribution, and possession with intent. They can be charged in one of a few ways: Prince George’s County drug arrests, a criminal summons for a minor offense, or an indictment. If you face drug charges in Prince George’s County, the help of a capable drug attorney can be invaluable. An experienced local lawyer can look at the existing evidence and use it to potentially lessen the severity of your charges, and build a solid defense.
Consenting To a Search
A police officer who stops someone on the street may need consent from that person to do a search. There are different levels of police encounters, the most basic is called an accosting. An accosting is where police officer may approach someone on the streets and ask them to answer a few questions. The person can leave; they do not have to answer; they do not have to submit. When an officer has a reasonable, articulable suspicion, they can hold an individual. They cannot arrest that individual, but they can detain that individual for further investigation. When an officer has reason to believe that there is a danger, they can pat a person down only on the outside of their clothing and only searching for safety, meaning searching for weapons.
If the police are patting someone down, they may feel something soft in a person’s pocket. They cannot pull it out. However, if they feel something that feels like a bunch of pills in a baggie, they may say that it was apparent the item was controlled pills so they can pull them out. However, they cannot reach their hand inside a person’s pockets to search do a protective search, a Terry stop, a stop and frisk.When they are investigating a fraud case, there is no reason to believe that the person they are stopping would have a weapon. When they are investigating a robbery, that is a different story and a stop and frisk or pat-down is warranted.
When someone gives permission to the police officer to search them, the police can search that person. When someone does not give permission for the police officer to search them, the police cannot search that person. Sometimes, the police may ask someone for permission to search and the person declines. The police can still pat that person down but they cannot search that person’s pockets. Many people give the police permission to search their person knowing despite having drugs in their pockets because they think they have no choice and this lack of knowledge can lead to Prince George’s county drug arrests.
What a Prosecutor Must Prove
In a drug offense case, the prosecutor must prove all the elements of the charge; the latent substance, where the person possessed it and knew about it. With a distribution case, the person actually distributed the substance whether they knew the nature of the substance.
The prosecutor must prove every element as defined in the jury instructions under the criminal code. The evidence presented can include the actual substance, the circumstances of how it was discovered, statements or admissions made by the defendant, statements made by the parties, and any video or other surveillance. The evidence is whatever the prosecutor needs to establish the connection of the drugs or activity to the defendants.
Many times, the most highly contested aspects of a charge are the nature of the substance; whether it was a felony or misdemeanor and what connects them with the evidence. Rarely is there direct evidence of the transaction. Usually, the evidence is circumstantial. Very frequently, things that are used to charge can be inadmissible for one reason or another.
Sentencing
Sentencing is handled according to the nature of the offense and the history of the person. When someone has an extensive record, the sentence is harsher. When someone has a clean record, the sentence is more lenient. Sentencing is also more lenient towards drugs like marijuana than it would be for heroin or crack.
The court system may also look more favorably upon someone who has been a hard-working tax payer their whole life and does not have a criminal record but has a drug addiction. Someone who does have a criminal record will probably face harsher sentencing.
Contacting a Lawyer
Prince George’s County drug arrests can have a life-changing impact for an individual. The penalties for drug charges in Prince George’s County can be strict, and the stigma of the charges may follow that person. In this tumultuous time, the guidance of an adept attorney can help greatly. A capable drug lawyer can look at the facts surrounding your case and use the relevant information to bolster your defense. If you face drug charges in Prince George’s County, contact an attorney.