Being charged with drug possession can have serious consequences, and understanding the nuances of the different types of charges in Maryland is crucial. This knowledge can help individuals navigate the legal system more effectively, potentially mitigating the impacts on their lives. At Alpert Schreyer, LLC, we strive to provide clarity and guidance to those facing such charges.
Simple Possession
Simple possession is one of the most common drug-related charges in Maryland. This charge generally applies when an individual is found with a small quantity of a controlled substance intended for personal use. The law categorizes substances into schedules based on their potential for abuse and accepted medical use. For instance, marijuana, although decriminalized for small amounts, can still lead to fines and civil penalties if found in possession above the decriminalization threshold. For other substances, such as cocaine or heroin, possession can result in more severe penalties — including imprisonment.
The implications of a simple possession charge are not to be underestimated. Even a first-time offense can lead to significant fines, a criminal record, and potential jail time. Moreover, a conviction can affect employment opportunities, educational prospects, and one’s social reputation. Understanding the specific nature of the substance involved and the quantity in question is critical in mounting an effective defense. Legal representation can often explore avenues such as drug treatment programs or probation before judgment (PBJ) to potentially avoid a conviction on one’s record.
Founding Partner Founding Partner Attorney Attorney
Andrew D. Alpert
Michael J. Schreyer
Michael Berman
Jason Miller
Possession with Intent to Distribute
A charge of possession with intent to distribute is more severe than simple possession. This charge arises when the quantity of drugs found exceeds what is typically considered for personal use, or when other evidence suggests an intent to sell or distribute. Indicators of intent to distribute may include possession of large amounts of cash, baggies, scales, or other paraphernalia associated with drug distribution.
In Maryland, the penalties for possession with intent to distribute are stringent. They can include lengthy prison sentences, hefty fines, and a permanent mark on one’s criminal record. The severity of the penalties often depends on the type and amount of the drug in question. For example, possession with intent to distribute cocaine or heroin typically carries harsher penalties compared to less dangerous substances.
Defending against this type of charge requires a thorough examination of the evidence. It may be possible to challenge the validity of the search and seizure, question the credibility of witnesses, or argue that the drugs were intended for personal use rather than distribution. Legal strategies must be tailored to the specifics of each case.
With criminal charges starting at age 18 and I’m now 45 I recently got a subsequent charge. Working hard at family and work life over the years this would have ruined it all. Stressed to the max I searched for the person who could do what others couldn’t. They structured a plan for me and I walked today from court. Being no stranger to the courtroom he was more than impressive, he owned it. Be honest with him, do what he says and you will no doubt be in the best possible position you could be in when you walk in with him. From the bottom of heart I thank you and your team for all that you did!” - Ryan W.
Drug Paraphernalia Possession
In addition to drug possession charges, Maryland law also criminalizes the possession of drug paraphernalia. This can include items such as pipes, bongs, syringes, or any equipment, product, or material intended for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing a controlled dangerous substance into the human body.
Being found in possession of drug paraphernalia can lead to criminal charges, which can complicate or compound other drug-related charges. While these charges might seem less severe compared to possession or distribution charges, they still carry fines and potential jail time, and can significantly affect one’s legal standing and future opportunities.
An effective defense against paraphernalia charges often involves demonstrating that the items in question were not intended for illegal use. This can be particularly challenging, as the mere presence of certain items can be suggestive of illegal activity. However, a nuanced approach that contextualizes the possession of these items can sometimes mitigate the charges or penalties.
Marijuana Possession
Marijuana possession in Maryland occupies a unique space within the legal system. While medical marijuana is legal and recreational use has been decriminalized for small amounts, possessing marijuana beyond these limits can still result in criminal charges. For instance, possessing more than ten grams of marijuana can lead to misdemeanor charges, which carry penalties including fines and potential jail time.
The evolving legal status of marijuana adds layers of complexity to possession charges. For medical marijuana users, compliance with state regulations regarding quantity and approved use is crucial to avoid legal trouble. Recreational users must be mindful of the limits set by law to prevent turning a civil offense into a criminal one. Navigating these regulations requires a clear understanding of current laws and their application.
For those facing marijuana possession charges, legal defenses might include arguments related to the legality of the search, medical necessity, or inaccuracies in the measurement of the substance. Each case demands a tailored defense strategy that considers the specific circumstances and the evolving legal context of marijuana use.
Common Mistakes of a Drug Charge Choosing a Drug Crime LawyerRelated Videos
Controlled Dangerous Substances (CDS) Registration and Possession
Possession of a controlled dangerous substance without proper registration is a serious offense in Maryland. The state maintains strict regulations regarding the registration, distribution, and possession of CDS. This category includes a wide range of substances, from prescription medications to illicit drugs. The legal consequences of possessing a CDS without the proper authorization are severe, often involving substantial fines, imprisonment, and a lasting criminal record.
The complexity of CDS charges lies in the broad spectrum of substances covered and the specific regulations governing each one. For prescription medications, charges can arise if an individual is found in possession of drugs without a valid prescription or in quantities that exceed prescribed amounts. Illicit drugs, classified into various schedules, carry different levels of penalties based on their potential for abuse and accepted medical use.
Defending against CDS possession charges often involves scrutinizing the circumstances of the arrest and the handling of evidence. Legal defenses might include questioning the legality of the search and seizure, demonstrating a valid prescription, or challenging the classification of the substance involved. Given the severe penalties and lasting impacts of a CDS possession conviction, robust legal representation is essential.
Verdicts & Settlements
The Impact of Drug Possession Charges
The repercussions of drug possession charges in Maryland extend far beyond the immediate legal penalties. A conviction can affect various aspects of an individual’s life, including their employment, education, housing, and personal relationships. A criminal record can be a significant barrier to securing a job, gaining admission to educational institutions, or finding housing. Additionally, the social stigma associated with drug-related charges can strain personal relationships and community standing.
The legal process itself can be overwhelming, with intricate procedures and strict deadlines. Those facing charges must navigate the complexities of the criminal justice system, which can be daunting without knowledgeable legal assistance. The stress and uncertainty of the situation can take a toll on one’s mental and emotional well-being, underscoring the importance of having a supportive and competent legal team.
Legal Defenses and Representation
Navigating the legal landscape of drug possession charges requires a strategic and informed approach. Effective legal defense begins with a thorough understanding of the charges and the evidence against the accused. This often involves a detailed review of police reports, witness statements, and other relevant documentation. Challenging the legality of the search and seizure, questioning the credibility of evidence, and exploring alternative sentencing options are common strategies employed in defending drug possession cases.
Alternative sentencing options, such as drug treatment programs, diversion programs, or probation before judgment, can offer a path to avoid a criminal conviction. These options not only help mitigate the legal consequences but also provide an opportunity for rehabilitation and recovery. For many individuals, these programs represent a chance to address underlying issues related to substance abuse and make positive changes in their lives.
The role of legal representation cannot be overstated. An experienced attorney can provide invaluable guidance, ensuring that the accused understands their rights and options at every stage of the legal process. From the initial arrest to the final resolution of the case, having a dedicated legal advocate can make a significant difference in the outcome. At Alpert Schreyer, LLC, we are committed to offering personalized and compassionate legal support to those facing drug possession charges.
Protecting Your Rights
The consequences of a drug possession conviction can be severe and far-reaching, impacting various aspects of an individual’s life. However, with knowledgeable legal representation, it is possible to navigate the legal system effectively and work towards a favorable outcome. At Alpert Schreyer, LLC, we are dedicated to providing the support and experience needed to defend against drug possession charges and help our clients move forward with their lives.
If you or a loved one is facing drug possession charges in Maryland, don’t navigate this challenging journey alone. Contact Alpert Schreyer, LLC today to schedule a consultation and learn how we can assist you in building a strong defense. Your future deserves the best possible protection, and we are here to help.