Maryland Drug Trials
It is important to understand what goes into a Maryland drug trial. If someone is held in jail while awaiting their drug case, there are actions that an attorney can take to help procure their release. Usually, an individual would have to sit in jail until their trial date.
Any trial in district court has to be a bench trial. However, people who want a trial in circuit court, whether it is a felony or misdemeanor, can have a jury trial. For more information, a qualified Maryland drug lawyer can point you in the right direction.
Length of Cases
If it is a possession charge or a misdemeanor, the case can be held in district court. Typically, a person will have a trial within a couple of months. If it is a felony case in the circuit court for a jury trial, that can take anywhere between four to seven months or even longer to go to a jury drug trial in Maryland.
Points of Contesting
At a Maryland drug trial, there are a few things that become an issue. Very frequently, a person has a motion hearing or a motions part of the process that deals with whether there was a legal search or seizure by the police.
The argument is not that drugs were found, rather, there is a dispute as to whether the drugs were for personal use or were intended to be distributed because that is the difference between a felony and a misdemeanor. The challenge can be between those two conflicting theories.
Sentences for Drug-Related Crimes
If it is a first offense possession misdemeanor charge, it will be treated fairly leniently. Judges will give some benefit of the doubt and work towards more of a treatment solution rather than a punitive solution. If it is a subsequent offense or they were caught distributing, there will certainly be a punitive element in a Maryland drug trial.
Proving Drug Crime Case
A prosecutor must meet every element of every offense. If it is a possession, they have to meet the element of possession. If it is possession with intent, they have to prove those elements. If it is distribution, those elements, and anything related to drugs, must be proven for a prosecutor to sustain a verdict of guilt in any of the charges.
Evidence Presented in Drug Offense Cases
In Maryland drug trials, there are various evidence used. There will be officers testifying to what they observed, what they saw, what they found. The person will have lab reports that have analyzed the substances, and the drugs themselves will be brought to court. The circumstances under which they were found or uncovered will also be at issue.
Hiring a Lawyer
There are nuances that are involved in a Maryland drug trial that anyone dealing with or anyone that has a friend or family member dealing with a drug charge should know about. A skilled attorney can review the evidence, prosecution, and other aspects of a trial with a person so they are thoroughly prepared for what might come.