Proving Prince George’s County Drug Offenses
Drug offenses are taken seriously in Prince George’s County. The prosecution sometimes pursues drug charges more aggressively because the presence of drugs can have negative impacts on the community. When proving Prince George’s County drug offenses, the prosecution will be vigilant. It is important to reach out to an attorney that will be equally diligent in fighting for you. A tenacious drug lawyer will work hard to defend you against your drug charges.
Proving Possession
Possession requires that a person has the knowledge and the ability to exercise what is considered dominion and control. Knowledge is not just knowledge of possessing it, knowledge also requires that a person understands the nature of the substance.
If someone is given a bag and told, that it is oregano but it is really marijuana, and the person given the bag does not realize the illicit nature of what is inside, then the person does not understand the nature of the substance. An individual has to have those elements of possession. As far as control is concerned, there is both constructive and actual. Constructive possession is when a person knows that they have it on them. Actual physical possession is what is within an individual’s hands, within their pockets, what is in a purse, what is in a backpack that they are carrying – that is actual possession.
Constructive possession does not require an individual to be in control of the drug at that moment. For example, if an individual is at work, they are still in possession of the contents of their home, such as their TV, their couch, their clothes in their closet. An individual can be miles away but they are still in constructive possession of those items. An individual could be away at work or away out of the house or in a restaurant and police find drugs in their closet at home, they could still charge an individual with those drugs. Those are the kinds of necessary elements for possession.
Proving Distribution
Distribution requires the possession of everything already described but along with the transfer, conveyance or delivery to another party of any amount of narcotics even if it is not for a monetary gain. By law, if an individual is smoking marijuana or a joint and passes it to another person, that is considered a felony distribution. Granted, it is uncommon for a case to be charged that way but, by law, that is all it takes.
Even if it is not for a monetary gain, it is still considered distribution. Someone may think that they are not a drug dealer because they are not selling drugs, but it does not matter. If an individual shares and gives drugs away even if it is for recreational purposes, that is distribution.
Proving Possession With Intent
When proving Prince George’s County drug charges, the approach to proving possession with intent is a little different. Possession with intent in layman’s terms is when someone has an amount of drugs that surpasses the amount a person would reasonably use. Possession with intent is where an individual has an amount of narcotics either in sufficient quantity or, in circumstances that indicate their intent to distribute.
Somebody who has a kilo of cocaine is going to be hard-pressed to argue that it is all for personal use. If somebody has a gram or a few grams, arguably, that could be considered personal use. Conversely, the amount itself is not entirely dispositive. Very frequently, it is in the nature and circumstances. If a person has three ounces of marijuana in one big bag, some smoking devices, some rolling papers and a couple of lighters but nothing else on them, that could be considered possession of three ounces.
Another example could be half an ounce – one-sixth of that amount. This half an ounce is broken down into 20 small $10 -dime baggies, as they are called, there are extra baggies on the side, an individual has scales, they have a large amount of cash, have a ledger or notebook indicating that there are people who owe money, that indicates somebody who is in the act of distribution so that charge, based upon the circumstances notwithstanding the lower amount, would be indicative of an intent to distribute.
Value of an Attorney
A drug offense is a serious crime with serious consequences. When proving Prince George’s County drug offenses, the prosecution is often aggressive. You deserve an attorney that will take an equally aggressive approach to your defense. A qualified drug lawyer can look at the facts of your case, and use those facts to build your case. If you face drug charges in Prince George’s County, reach out to a determined drug lawyer who will fight for you.