Drug Crimes Lawyer Harford, MD
In Maryland, just like in every state in the U.S., a drug possession charge is not something to take lightly. Depending upon what state you live in, the amount of drugs you are in possession of, and what the police think your intentions are with the drugs, you could be facing some serious penalties. While you may think it is a small charge in the grand scheme of things, the reality is that a drug possession charge can change your life. In this post, we’ll discuss what a drug possession charge is and why you should retain the services of a drug crimes lawyer Harford, MD trusts from Greenberg Law Offices.
What Are The Types of Drug Possession?
A drug possession charge means that the person in question is in possession of a controlled substance or other drug paraphernalia. The law requires that the person charged knows that what they have is indeed an illegal drug and they willingly have taken possession of it in some way. There are three different types of possession. Actual possession means that the person was found with the drugs or paraphernalia on their person at the time of arrest. Constructive possession means that the drugs were not on the person but were rather on their property, like their car or apartment. Finally, a drug crimes lawyer Harford, MD knows will tell you that shared possession is when the police can show that the defendant had partial possession of the drugs and that they shared them with another person.
Is Drug Possession a Felony or Misdemeanor?
Whether or not the drug possession charge is considered a felony or a misdemeanor depends on three factors:
- the type of drug
- the amount of the drug
- the intent of the drug
A drug crimes lawyer Baltimore Maryland residents seek assistance from can help you understand your charges. Some controlled substances are more illegal (and dangerous) than others such as cocaine or heroin. Possession of these substances will lead to a felony charge while possession of marijuana is generally a misdemeanor.
State laws vary on how much a person needs to be found in possession of to be considered a felony. Generally the higher the amount, the more likely it will be a felony. Finally, intent plays a large role in whether or not the charge is a felony or misdemeanor. Our drug crimes lawyer Harford, MD residents are in need of share that if the defendant intended to sell or distribute the drugs, rather than use them for personal use, then the chances of becoming a felony increases.
Do You Need a Drug Crimes Lawyer Harford, MD Recommends?
The penalties for drug possession charges can vary from fines ranging from $100 to $100,000, spending time in jail or prison, probation, and/or rehabilitation programs. Drug charges are not taken lightly by the state and therefore should not be taken lightly by you. A drug crimes lawyer Harford, Maryland clients celebrate from Greenberg Law Offices will help you build a case against your charge or work with you to get the best deal or outcome possible for your case. They will work for you and represent your best interests in court. They will help you with any documents you need to file and will work with the prosecution on your behalf.
If you have been charged with a drug crime, reach out to a drug crimes lawyer Harford, MD relies on from Greenberg Law Offices today. They will help you navigate the intricacies of your case and give you peace of mind knowing your case is in good hands. Call 410-529-5250 today for a free consultation with a drug crimes lawyer Baltimore Maryland relies on!
Drug Possession Defenses
Our drug crimes lawyer in Harford, MD knows that it is illegal to sell, manufacture, or possess certain controlled substances. If you have been charged with a drug crime, it is in your best interest to get personalized advice from a lawyer. To schedule a consultation now, please call the Greenberg Law Offices.
Once you retain a leading drug crimes lawyer Harford, MD recommends such as Greenberg Law Offices, you can discuss your legal options and gain a better understanding of how best to proceed. As a lawyer might explain to you, there are often various defenses that can be used to fight your case. The following are some of the most common defenses that our drug crimes lawyer Harford, MD clients trust may use to defend a drug charge.
Drug Trafficking Charges
Drug trafficking is defined as the act of possessing drugs with the intent to distribute or dispense the drug. In some cases, drug trafficking does not have to involve the intent to distribute the drug. When the amount of drug a person possesses is very large and considered too large for personal consumption, trafficking charges may apply. Drug trafficking is a very serious crime, whether a person is facing state charges or federal charges.
In all states, drug trafficking is considered a felony when the drug in question is methamphetamine. If convicted, a person could face a maximum fine of $500,000 and a mandatory sentence between six and 30 years in state prison. Drug trafficking convictions involving cocaine, heroin, morphine, or LSD also carry these mandatory sentences.
Typically, drug trafficking is prosecuted by the state. However, there are many cases where drug trafficking charges are tried as a federal offense. Regardless of where the charges are coming from, a drug crimes lawyer in Harford MD can help.
When Drug Trafficking Is a Federal Offense
In most cases, drug trafficking charges are considered a federal offense when one of three elements is involved with the crime. The trafficking must involve crossing state lines, the trafficking must occur on federal land such as a federal park, or it must involve a federal agency, federal property, or federal jurisdiction. Drug trafficking under these factors will be charged as a federal crime.
However, federal courts have the right to take any case from the state courts that they have an interest in. Likewise, defendants can have their Harford MD drug crimes lawyer petition a state court to have their case moved to federal court, according to 28 United States Code Section 1446. For example, some drug trafficking convictions carry a much lighter sentence than the same penalty carries under state law. Removing a criminal case to federal court has very specific rules, and defendants must follow proper procedure if they wish to do so.
Those Accused of Drug Trafficking Need a Drug Crimes Lawyer
While federal sentences for drug trafficking are sometimes less severe, that is not always the case. It is also not always possible for defendants to have their cases removed to a federal court. There are many factors to take into consideration, and in either case, a person charged with drug trafficking needs an experienced criminal defense lawyer who can help them beat the charges.
If you have been charged with drug trafficking or any other drug crime, let a Harford MD drug crimes lawyer build the solid defense you need. A conviction will not only take away your freedom but also greatly impact your entire future. Do not try to beat these charges on your own. Call Greenberg Law Offices today for a case evaluation.
Unlawful Search or Seizure
This issue is rather common in drug cases. According to the Fourth Amendment in the Constitution, you are guaranteed the right to be free from any unreasonable search and seizure. What this means is that police cannot search your body, car, home, or other private location without having probable cause. If they searched you or your property illegally, the evidence obtained may not be used at trial. In the event that the evidence is suppressed, the case will likely be dismissed.
Lack of Possession
As an experienced drug crimes lawyer Harford, MD recommends, we have used the defense of denying that the drugs belonged to the individual being charged. In general, this defense is more likely to succeed when there was more than one person present at the time of the arrest or when the drugs were found. For example, if drugs were found at a house that had multiple tenants living inside, the defendant may be able to argue that the drugs were not theirs and they didn’t know about them at all. When this defense is used. The state has the burden to prove it to be untrue.
Miranda Rights Violation
Our drug crimes lawyer Harford, MD turns to shares that if you are placed under arrest, police have a duty to read you your Miranda Rights. This includes the right to remain silent (Fifth Amendment). If you are not read these rights once you have been placed in police custody, a drug crimes lawyer Harford, MD clients praise shares that this breach may be included in your defense.
When a person is coerced or pressured into committing a crime by a police officer that they otherwise would not have committed, it is entrapment. This is an abuse of power, and is most common when a person is an informant for the police.
Proof of Substance
Just because something looks like drugs does not mean that it is. Our drug crimes lawyer Harford, MD clients count on want you to know that the state has a legal obligation to prove the substance is a controlled substance. This is done through crime lab testing. If this evidence is not available, the case may be dismissed.
The Actual Drug Must Be Presented
The state of Maryland must produce the actual drugs during the arraignment and/or hearing. If this is not possible because the seized drugs went missing or were incinerated, the charges may be dropped.
If you are facing drug charges and would like help with your case, please call our drug crimes lawyer Harford, Maryland recommends at Greenberg Law Offices today.