Prince George’s County Drug Distribution Lawyer
In Prince George’s County, drug distribution is taken very seriously and can result in severe penalties as well as a potential felony conviction, which will follow the individual for the rest of their life. The stigma of a felony conviction can impact a person’s access to housing, employment, and can damage their personal reputation. Therefore, if you face distribution charges, contact a Prince George’s County drug distribution lawyer and take a proactive approach to your defense. Working with an experienced local drug attorney can ensure that you will have someone familiar with Prince George’s County drug laws fighting for you.
Severity of Distribution Charges
Distribution does not require the individual to possess a set amount of the drug. When someone has one gram, one small baggie, one joint of marijuana, and sells it to somebody for five dollars, that is a felony distribution.
That is all it takes; felony distribution does not require there to be any specific amount. Possession with intent generally does require an amount or a circumstance to show the intent distribute. The more serious charges can be the fact that there was a large volume on school property or someone has a prior conviction.
Maryland eliminated mandatory minimums. Previously, if somebody had prior convictions for felony distribution charges, they faced five or ten years minimum mandatory required. Those are gone now, but there are enhancements that can add a potential penalty. Instead of facing just five years in jail, some of them face ten. When someone is facing one year, there could be two; it could be dependent on the person’s history which makes it even more important that they have a Prince Georges County drug distribution attorney by their side.
Local Law Enforcement’s Treatment
Prince George’s County law enforcement officers are cracking down on the users and the distributors. In fact, they are pressing harder on the distributors because when one user is gone, it is just one leaf off a tree. When the distributor is gone, that cuts out the whole branch or the whole tree.
One distributor can supply dozens of users. Getting rid of one user does not have much of an impact other than their arrest becomes a deterrent or sends a message to others. When law enforcement gets rid the distributor, they cut out the whole source, the network, and it falls on its face. That is why law enforcement pushes harder against the distributor. A Prince George’s County drug distribution lawyer will push just as hard for the defendant, in a court of law.
Burden of Proof
All that the prosecution required is required to prove is that the person did distribute a controlled dangerous substance to another and they knew the illicit nature of the substance. If someone hands another person what they think is a bar of soap and it has cocaine inside, that is not distribution. The person cannot be convicted because they did not know it was cocaine. When someone knows what is inside the bar of soap and gives it to another person with the intention of doing so, that is a distribution. That is all that prosecutors must prove, nothing more.
Elements of the Crime That Are Often Contested
Some of the bigger things to be contested at trial are statements, confessions, and coercion. It is rare that a police officer is standing there watching unless it is an undercover purchase. Rarely do the police stand there watching, and see a drug transaction take place.
Often times, they see a hand-to-hand transactional code, furtive movements, or they see a person get in the car and then get back out of the car. They do not actually see the transaction much of the time. A person could challenge whether a transaction actually happened or not. Someone could also challenge whether the officer knows who bought from whom.
Constitutional Issues that Arise in Distribution Cases
The constitutional issues that sometimes come up in drug distribution cases are improper search and seizure. Many times, people are questioned while in custody without being Mirandized. When there are wiretaps, they can be challenged if they were not obtained properly. When warrants are executed and they are not reliable, it is probable that a Prince George’s Country drug distribution lawyer could challenge those. There are different issues, constitutionally speaking, that may arise in drug distribution charges.
Role of a Drug Distribution Lawyer
A Prince George’s County drug distribution lawyer knows the questions to ask, the burdens of proof, what the police are required to do, what police misconduct is, and how to properly object. The attorney will know the foundational elements for evidence to be admissible and substantiate any charges against an individual. Furthermore, a dedicated lawyer can allocate the time and resources necessary to build your defense.