Maryland Drug Possession Lawyer
Possession is a term that means that a person has what is called the ability to exercise dominion and control, meaning a person can use it, share it, give it, and utilize it, and more than one person can be in possession of something. Additionally, there is something called constructive possession in which case, even if a person does not have it on them, if they constructively had it, that means they are in possession of it even if they are nowhere near the item or items. A person that has been charged with drug possession should contact an experienced drug lawyer. A Maryland drug possession lawyer can help fight the prosecutor’s evidence and argument and can get you back living your life.
Types of Drugs
Any controlled dangerous substance, or the prescription, or illegal narcotics that are made, manufactured and ported, anything of that nature can be considered a drug. Very frequently, it could be discovered during a traffic stop, during a search, officers can smell or see it; there are a lot of variations on how someone can be charged.
A lot of times, not so much just on whether someone is in possession but the substance itself is most important; possession of a little bit of marijuana is different than possession of heroin. Some drugs are far more addictive than others, a lot more problematic and more related to other types of crimes, and it is more the nature of the substance that dictates how aggressively the prosecutors and police enforce them, prosecute and go forward.
Heroin is seen as a growing epidemic and is more harshly and aggressively prosecuted and sought after.
Penalties of Drug Possession
Penalties for Maryland drug possession cases are based on several important factors. If the person has prior convictions then that will impact what type or kind of penalty they will receive. What they were possessing, the nature of the substance, and whether there are any other crimes being committed, was there a handgun, was there a theft happening, or anything else of that nature can impact the penalties the person receives.
As of right now, it carries up to four years’ incarceration although there is a trend to treat as opposed to punish and those maximum penalties may be decreased in the very near future. It can impact their criminal record, it can hurt their job prospect, school, aspirations of any kind because they could be seen as drug addicts and labeled as such. There are alternative programs in lieu of prosecution. Prosecutors will offer some kind of treatment, counseling, depending on the nature of the substance in the person and what has been going on in lieu of prosecution.
Common Mistakes
The biggest mistake in a case is accepting ownership of substances that were found because very frequently if an item is found and it is illegal, even if they have proven to charge everyone, they ultimately have the burden of proof of who it was.
Typically, an issue is how the officers find the item(s) or substances. Unlike someone who has been caught breaking into a house, the person is seen, they are caught red-handed. Drugs are something that is certainly carried in somebody’s pocket, in somebody’s backpack, in somebody’s vehicle, and the constitutional issues include if the officer had the right to go or look or view where the items are ultimately found? A person and their Maryland drug possession attorney can challenge those in many scenarios.
Benefits of an Attorney
A Maryland drug possession lawyer’s knowledge and experience will help in addressing the specific type of substance found. A person found with prescription medication who is abusing them is different from a person found with cocaine which is different from a person found with mushrooms.
Attorneys will consider everything, the nature of the individual, the history, the nature of substance, how much was found, whether there are alternative resolutions that can happen, whether there are certain defenses as to culpability, and everything of that nature that can go into a full investigation that is always right for consideration.
A lot of the damage is done early on when individuals are thinking they are going help themselves confess to the drugs, talk too much about what else they may have and know, what they can do, all these things are pitfalls and if the individual is unrepresented, they are often times prone to say something. Once the individual has an attorney, police are precluded from speaking or interviewing the individual without the attorney’s permission or presence.
Contacting a Drug Lawyer
A Maryland drug possession lawyer can challenge numerous things along the way whether it is the constitutionality of the stop, seizure, and search, the voluntariness of the statements so that they can prove that the person actually was in possession – physical, actual, constructive possession of the substance. Additionally, an officer cannot just come in and testify to what they believe the substance to be; they have to have scientific proof usually in a chemical analysis and lab report. If somehow this report is insufficient or they cannot find the report, then it does not matter what the officer believes. The person can be found not guilty because the state cannot meet its burden of proof. These numerous things along the way can be addressed, and researched, and challenged.
If you are facing drug possession charges, it is essential to consult a skilled attorney who can challenge evidence and create a solid defense on your behalf. There are many benefits to having a Maryland drug possession lawyer during the investigation and trial period.