Frederick County Drug Lawyer
There are a lot of drugs that are controlled by law. Possessing, transporting, or selling them without authorization can lead to serious legal trouble, regardless of whether the substance is an illegal drug, like cocaine or heroin, or a prescription drug like OxyContin. Drug crimes are serious and getting charged with violating the law is never a trivial matter.
A Frederick County drug lawyer may be your best option for defending against the accusation that you broke the law. Contact a skilled criminal defense attorney to start developing a credible case today.
What is a Controlled Substance?
There are a wide variety of chemical substances that are regulated by the law in Frederick County. Some of them, like cocaine, are always illegal to have, use, or sell. Others are only legal if they were obtained via prescription or in a medical setting, like codeine or marijuana. These controlled substances are categorized into Schedules based on how addictive they can be, as well as whether they have a recognized medicinal purpose. Possessing, trafficking, or selling drugs from different Schedules can impact the potential penalties of a conviction for a drug crime.
Drug Possession in Frederick County
Drug possession is the most common drug crime in Frederick County, as well as the least severe. Maryland Criminal Code § 5-601 prohibits administering or even possessing a controlled substance unless it was obtained from an authorized provider in the normal course of a professional practice. Typically, a conviction for drug possession in Frederick County is a misdemeanor that is punishable with a fine of up to $5,000 and up to a year in jail for a first offense. However, since the state has decriminalized marijuana possession, the penalty for having less than ten grams of marijuana is a civil offense, much like a traffic ticket, that comes with a $100 fine for a first offense.
Possession with Intent to Sell
However, drug possession cases take on a whole new dimension when large amounts of drugs were discovered. Arrests and investigations that discover large amounts of drugs in a suspect’s possession come with the presumption that the suspect was going to sell the drugs. Convictions for possession with intent to sell in Frederick County are far more severe than for possession, alone. In many cases, they are felony offenses that come with more than a year in jail, as well as thousands of dollars in fines. Individuals facing these charges should contact a drug lawyer in Frederick County as soon as possible.
Defenses to an Allegation of a Drug Crime
An arrest and a charge for a drug crime is not a conviction, though. It is merely a formal accusation that someone broke the law. In many cases, these allegations are false. Showing that there are reasonable doubts in the allegation, however, often takes the help of a Frederick County drug lawyer who understands how drug investigations work and how to defend against them. One of the most common defenses in a drug case is to invoke a defendant’s Fourth Amendment rights. The Fourth Amendment prohibits searches and seizures by law enforcement that are unreasonable. If the police conduct an investigation that violates these rights, the evidence that they obtain can be excluded from court. In many cases, this can doom the prosecutor’s case by keeping important evidence out of a case.
Talk to a Frederick County Drug Defense Attorney
Today If you have been accused of violating one of Frederick County’s drug laws, hiring an attorney to advocate on your behalf both in and out of court can be a wise decision. With the help of a Frederick County drug lawyer, you can raise legal defenses to the accusation you are facing and poke holes in the prosecutor’s case to show your innocence. Particularly if the accusation you are facing is for drug possession with an intent to sell, the stakes are high. Contact an attorney today to start defending your rights in court.