How to Defend Yourself Against Drug Possession Charges
Year after year, thousands of people in the United States are arrested on drug possession charges. Baltimore’s drug and crime problems are well documented. It is widely considered one of the highest crime cities in the US.
We asked our top drug defense attorney to weigh in on the best way to protect yourself from drug possession charges. Below is an in-depth article on how to avoid drug possession charges. We also outline your rights, specifically relating to Baltimore, Maryland.
Hire A Drug Possession Attorney in Baltimore, Maryland
Yes, this is a real thing and getting an experienced drug crime lawyer on your side is priority number one. If you are facing drug charges, felony drug charges, drug trafficking, or any other drug-related charge, finding the right lawyer is your number one priority.
An experienced drug possession attorney will be able to build a defense tailored to your case. Having a defense strategy will give you the best chance at a favorable result. Drug cases make up a majority of cases for some courts and prosecutors.
Experienced law offices have worked with prosecutors before and know how to work with public employees. This experience can lead to favorable plea deals, your case dismissed, or an innocent jury sentence.
Understanding Marijuana Laws in Baltimore, Maryland
Maryland has decriminalized the possession of marijuana. That does not mean that marijuana is completely legal to have in your possession, however. At the time of writing this article, holding less than 10 grams of marijuana is considered a civil offense. That means a marijuana possession charge is basically the same as a traffic violation in Maryland.
Moreover, in 2019, Baltimore State’s Attorney, Marilyn Mosby, announced that the city of Baltimore will not prosecute marijuana possession charges of any amount. Mosby went on to state that if there is “clear and articulated evidence” a person is intending to distribute marijuana, charges against a person for intent to distribute will be pursued.
Mosby made it clear that the evidence must be presented in a clear way. Simply having marijuana in any amount is not enough evidence to prove intent to distribute. So what does that mean for you?
Unless you are caught in the act of selling marijuana to another person, simply possessing marijuana is not a crime. Maryland does not allow for the recreational use of marijuana which can sometimes mean you are facing trumped-up charges of possession of marijuana. While the charges may seem serious, Maryland and Baltimore have made it clear that this should not happen.
You should get representation immediately. Do not take any deal no matter how good it might seem. Never admit to distributing or selling without a lawyer giving you direction first.
Drug Laws Pertaining to Non-Marijuana Substances
There are obviously other drugs and drug charges that are not specific to marijuana. While each case is different, a drug charge attorney can go over your case and help you fight it. The first thing you might want to do is check out what substances are illegal.
You should also know how much of each substance is against the law. You can find out how much of each substance is against the law in Maryland here. Knowing what legal amount of a substance you can have might be the difference between a drug conviction and no conviction at all.
How A Lawyer Can Defend You Against Possession of Drug Charges
If you have been charged with possession of drugs or intent to sell, you still can defend yourself and win. As mentioned before, drug possession charges make up a majority of case dockets in court.
These dockets are time-consuming and drain public resources. Getting a lawyer to work out a plea deal is not out of the realm of possibility for most cases. Public prosecutors like plea agreements because it shows a win on their record while taking less time and resources than going to trial.
Your lawyer also has the ability to fight your case’s merits based on how evidence was obtained. It could be argued the original reason the officer pulled you over or knocked on your door did not justify a search. Without a warrant or plausible deniability to search your property, evidence discovered against you cannot be used.
Another tactic your lawyer may take to fight your case is called “constructive possession.” Constructive possession means that while the illicit substance may be in your possession, it is not yours. This happens a lot when someone is driving another person’s car. Yes, the material might be in your possession but is it really yours when it was in a friend or family member’s car.
Every case is different and that is why it is critical to hire a lawyer immediately to go over your case and find the best defense for you.
The most obvious way to avoid a possession charge is to have a good understanding of what is legal and illegal to have in Baltimore, Maryland. If you know something is illegal, it is best not to have it on your person. Also, if you know something might be illegal in your car or house it is best to ask for a warrant and not allow the police on your property as long as you are not resisting arrest.
If you are unlucky enough to already have charges brought against you, get an experienced lawyer. Our law offices at Saller Law may be able to provide you the defense you need. Schedule a free consultation today and we will let you know how we can help.