Bethesda Drug Possession Lawyer
Possession means that a person has the knowledge and the ability to exercise what is called dominion and control. There is both actual possession and constructive possession in Bethesda drug charges. Actual possession is what a person has in their hands and pockets. Constructive possession means that a person possesses the drug, it is just not on their person. A person can be ten miles from their home but that person is still in possession of the contents of their living room, for example, the TV in that person’s house. If narcotics or drugs are found, even if they are not on someone’s person if they are in that person’s car, near that person, by a person, in a backpack, or on the floor, that could still link that person to it.
Drug possession is a very serious charge, and the more serious possession offenses carry upwards to four years of incarceration on a first offense. A capable drug lawyer can try to mitigate the penalties you face, and can fight for you. If you face drug possession charges, consult a Bethesda drug possession lawyer who can start building your case.
Law Enforcement and Drug Possession in Bethesda
Drug possession is a priority for Bethesda law enforcement because it is not an isolated incident. When a person has a drug user or buyer, a person has a drug seller. If a person has a drug seller, that person has bigger drug distributors. Drug possession is a crime that points to a larger infrastructure that enables the production, distribution, and sale of drugs.
A lot of times, buyers or the people who are charged with possession will be used to go after the bigger players so they use that as a tool to prosecute, investigate, and stamp down the criminal or the drug trade entirely.
For the most part, law enforcement does not prioritize possession of a particular kind of drug. It partially depends on the area. Opiates and heroin are two of the more significant drugs that are epidemics in the area, but everything is prosecuted.
Building a Defense for Possession
First and foremost, it is important to look at the nature of how the discovery happened. If the police come into a person’s room, there are narcotics in the table, and there are four people in the room, that does not mean all four are in possession of it. Just being present where someone else has narcotics does not make that person accountable automatically.
It could be the factual arguments that we have. There could be legal challenges to make, such as constitutional issues or otherwise. There are a lot of procedures and protocol that have to be met. And even the narcotics themselves have to be properly tested by a lab by a certified chemist toxicologist, and if the proper procedures are followed, that too can be used to challenge the assumption itself.
Mistakes to Avoid in Drug Possession Cases
Many individuals who are first charged feel as though by confessing everything to the police, things will be better for them when, in fact, that is not the truth at all. In fact, most people bury themselves and give the prosecutors the whole case on a silver platter because they admit and confess to things that otherwise prosecutors may have difficulty proving.
Diversion and Alternative Sentencing
There are diversion and alternative sentencing programs available for people charged with marijuana possession for the first time that a Bethesda drug possession lawyer can pursue on behalf of their client. Other drugs do not typically have those programs in place, even if it is the first offense. If a person is caught with a very small amount, or almost trace amounts of a drug, perhaps there can be an alternative resolution. However, diversion is generally for marijuana and not as much for the more serious narcotics and drugs.
Constitutional Issues
Constitutional issues tend to come up in possession cases. Very rarely is someone who is caught with narcotics in their hand out in the open. Usually, it is found following a search, a warrant, or other investigative methods whereby they come across the narcotics.
If drugs are found, then an individual can challenge the legality of the search. An attorney can challenge the legality of the questioning, whether the person was properly Mirandized, whether the statement was coerced using force, and so on. There are a lot of angles to take in challenging constitutional issues and a Bethesda drug possession lawyer can examine the facts of an individual’s case and predict which one is most applicable to their client’s case.
Importance of Contacting an Attorney
The importance of working with an attorney is not a matter of securing diversion or finding a way to work with the police. Very frequently, many states fight to prove their case and, very frequently, there are elements missing. Only a Bethesda drug possession lawyer who knows what they are doing, who has done this before, and has a good grasp of facts, that will know how to fight the case. It is not a matter of just trying to find a plea or resolution, it is a matter of getting the best possible outcome and protecting your rights.