Maryland Possession with Intent to Distribute Lawyer
In the state of Maryland, possession of a controlled dangerous substance with intent to distribute is a felony in violation of Maryland State Code Section 5-602. Penalties include a fine of $15,000 and up to five years of imprisonment. Individuals facing charges should contact an experienced attorney. A Maryland possession with intent to distribute lawyer may be able to help you build a strong defense.
First, the prosecution must prove the defendant was in fact in possession of a controlled dangerous substance. Without this initial finding, then a possession with intent charge should be dismissed or otherwise mitigated by a court of law, as a Maryland possession with intent to distribute lawyer would assert.
Other defenses to possession with intent can include:
- No Intent by Defendant
- Illegal searches or seizures by police officers
- Other suspicious tactics employed by police officers
Probable cause is the legal requirement stating that a police officer must have some strong reason in order to initiate an investigation into someone’s possessions.
Another defense to possession with intent to distribute is something called constructive possession. Constructive possession is the legal principle that indicates the contraband in question was not in physical control of the defendant at the time of their search and/or seizure.
Illegal Searches in Maryland
The United States Constitution protects all citizens from having unreasonable searches of their house, car, or other possessions performed.
The Fourth Amendment of the United States Constitution states specifically establishes: “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
This means that a police officer must obtain a warrant in order to search a defendant’s house, car, etc. Additionally, even if a police officer obtains a warrant, it is imperative the police officer establishes what is known as probable cause.
Fake Controlled Dangerous Substances in Maryland
There are many different possession charges as defined by Maryland’s Code. It is also illegal to create, distribute, or possess with intent to distribute a counterfeit substance.
The penalties are the same as regular possession with intent to distribute, and can also be disputed by a Maryland possession with intent to distribute lawyer.
A counterfeit substance can mean a number of things, including:
- Any substance that has an unauthorized likeness to an already established drug on the market
- Any substance that bears the same or similar trade name, imprint or other identifying mark, as an already established drug on the market without authorization from a drug manufacturer, dispenser, or distributor
- Any other false promotion of a controlled dangerous substance
Possession with Intent in a School Zone
For individuals who have been stopped by a police officer in an area that is within 1,000 feet of a school-owned property, the penalties can increase to a $20,000 fine or up to twenty years of imprisonment. According to Maryland State Code Section 5-627, it does not matter whether the school is operating or not.
Contact a Maryland Possession with Intent to Distribute Attorney
If you have been charged with possession with intent to distribute in the state of Maryland, contact the criminal defense team at your earliest convenience.
A Maryland possession with intent to distribute lawyer knows that this can be a difficult time for you and your loved ones. That is why it is important to consider hiring a professional team of attorneys that can help defend your rights in court.