Drug Possession Lawyer In Upper Marlboro
If you or someone in your family has been charged with drug possession, you need to take the charges very seriously. Depending on the amount and packaging of drugs in question, among other factors, you could face a felony. Even if you’re up against only a misdemeanor, a conviction can result in a permanent criminal record that can affect your future significantly.
You need a criminal defense attorney who has been there for hundreds of people facing drug charges before. The Law Offices of Thomas C. Mooney in Upper Marlboro offers strong criminal defense strategies in drug cases. We fight charges involving a variety of drugs, including marijuana, cocaine, heroin, meth, MDMA (Molly), Ecstasy (PCP) and prescription drugs. We know how to win tough cases, drawing on our extensive legal knowledge, experience and resources to deconstruct the prosecution’s case. Call us today to talk about your drug distribution defense options for free: 301-579-3429. We do not charge for initial legal consultations.
What Is Drug Possession, And What Is Possession With Intent To Distribute (PWID)?
Maryland law recognizes different types of drug possession, and understanding these distinctions matters when you face charges.
Actual possession means you had drugs physically on your person in your pocket, purse, hand or clothing. Officers who find drugs during a pat down or search of your body will charge you with actual possession.
Constructive possession means you had control over drugs even though they were not on your person. Common examples include drugs found in your car’s center console, glove compartment or under the seat. Drugs discovered in your home in a drawer, closet or shared space can also lead to constructive possession charges. Prosecutors must prove you knew the drugs were there and had the ability to control them.
PWID means prosecutors believe you planned to sell or transfer the drugs to someone else. You do not need to be caught selling. Officers and prosecutors infer intent from evidence like quantity, packaging, scales, cash or text messages. Even if you claim the drugs were for personal use, the circumstances surrounding your arrest can lead prosecutors to upgrade the charge from simple possession to PWID.
Maryland Drug Possession Laws
Maryland classifies drug possession charges based on the type of substance, the amount you possessed and the circumstances surrounding your arrest. Understanding how the state categorizes these offenses helps you recognize what you face and how to respond.
Controlled dangerous substances include:
- Cocaine, heroin, methamphetamine and fentanyl
- Prescription medications like oxycodone or Adderall possessed without a valid prescription
- Substances divided into schedules based on potential for abuse and accepted medical use
For simple possession of controlled dangerous substances other than cannabis, Maryland law imposes a maximum penalty of up to four years in prison and a fine of up to $25,000, regardless of whether the substance is listed under Schedule I or Schedule V.
Marijuana possession follows different rules in Maryland:
- Up to 1.5 ounces: Legal for adults 21 and older
- 1.5 to 2.5 ounces: Civil offense with a fine up to $250
- More than 2.5 ounces up to 50 pounds: Criminal misdemeanor with up to six months in prison and a fine up to $1,000
- More than 50 pounds: Felony with a five-year mandatory minimum sentence
Prescription medications without authorization can lead to criminal charges even if the medication is legal when prescribed. Prosecutors must prove you knowingly possessed the drug without a valid prescription. If you can show a legitimate medical need or prescription, you may have a strong defense.
The difference between civil, misdemeanor and felony exposure depends on quantity and intent. A small amount for personal use may result in a misdemeanor, while larger quantities or evidence of distribution can elevate the charge to a felony. An Upper Marlboro drug possession attorney can review the facts of your case and identify the best defense strategy based on how Maryland law applies to your situation.
What Happens After A Drug Arrest In Prince George’s County
The hours immediately following a drug arrest set the tone for your entire case. Understanding the process helps you protect your rights and avoid mistakes that could hurt your defense.
After your arrest, officers will take you through these steps:
- Booking at a local detention facility where police record your information, take fingerprints and photographs, and log the charges
- Holding in custody until your first appearance before a judge, typically within 24 hours
- First appearance (initial appearance or commissioner’s hearing) where a court commissioner or judge informs you of the charges, explains your rights and determines bail
If the court grants bail, you may be released under specific bond conditions such as:
- Reporting to a pretrial services officer
- Avoiding contact with certain individuals
- Staying away from places where drugs are sold or used
Violating bond conditions can result in your arrest and detention until trial.
Critical steps to protect yourself:
- Do not speak to police or investigators without a lawyer present
- Politely invoke your right to remain silent
- Request a drug arrest lawyer in Upper Marlboro immediately
Officers may tell you that cooperation will help your case, but anything you say can be used against you in court. Early legal representation gives your attorney time to investigate the arrest, challenge evidence and negotiate with prosecutors before formal charges are filed.
Illegal Search And Seizure Defenses In Maryland Drug Cases
Many drug cases begin with a traffic stop, home search or stop-and-frisk encounter. If police violated your constitutional rights during the search, the evidence they collected may be inadmissible in court. Suppressing evidence can lead to reduced charges or a complete dismissal.
Common search and seizure issues in drug cases:
Traffic stops:
- Must be supported by reasonable suspicion of a traffic violation or probable cause that a crime occurred
- Officers cannot pull you over based on a hunch or your appearance
- If the stop was unlawful, any drugs or paraphernalia discovered may be suppressed
Consent searches:
- Require your voluntary agreement
- You have the right to refuse permission to search
- If you did not give clear, voluntary consent or if officers exceeded the scope of your consent, the search may be illegal
Home warrants:
- Must be based on probable cause and signed by a judge
- Must describe the place to be searched and items officers expect to find
- If the warrant contains false information, lacks specificity or was executed improperly, evidence may be thrown out
Probable cause:
- Means officers had a reasonable belief that a crime was being committed based on facts and circumstances, not just suspicion
- If police searched your car, home or person without probable cause or a valid warrant, an unlawful search and seizure lawyer can file a motion to suppress the evidence
Possession Vs. PWID
Maryland law treats simple possession and PWID very differently. Simple possession means you had drugs for personal use, while PWID means prosecutors believe you planned to sell or transfer the drugs to someone else. The penalties for PWID are far more severe.
Types of possession:
- Actual possession: Drugs were on your person like in your pocket, bag or hand
- Constructive possession: You had control over the drugs even if they were not physically on you, such as drugs found in your car’s glove compartment or in a shared apartment
Prosecutors must prove you knew about the drugs and had access to them for constructive possession charges.
Evidence prosecutors use to prove intent to distribute:
- Large quantity of drugs beyond personal use amounts
- How drugs were packaged (individual baggies, wrapping)
- Presence of scales or measuring devices
- Large amounts of cash
- Customer lists or contact information
- Text messages or communications discussing sales
Even if you never sold drugs, these factors can lead to PWID charges.
In Upper Marlboro and Prince George’s County, officers often arrest individuals during traffic stops or home searches and upgrade charges from possession to PWID based on packaging alone. A PWID lawyer can challenge the prosecution’s interpretation of the evidence, argue that the drugs were for personal use and fight to reduce the charges. PWID defense in Maryland requires a thorough review of the arrest, the evidence and the officers’ conduct to identify weaknesses in the case.
Answering Your Questions About Maryland Drug Charges
Being charged with any drug offense can be an intimidating experience with potential lifelong consequences. Here are answers to some questions we hear often.
What are my rights during the legal process?
As a defendant in a drug possession or PWID case, you have several crucial legal rights. They include the right to:
- Remain silent and not incriminate yourself
- Legal representation, even if you can’t afford an attorney
- A fair trial through a jury
- Present evidence and call witnesses in your defense
Aggressive legal representation can help ensure your legal rights are protected from the word go.
What happens during the arraignment and trial?
During the arraignment, which is your first court appearance, you can be formally charged with a crime and enter a plea of guilty, not guilty or no contest. The judge will also determine whether you will be released on bail and, if so, what the bail amount will be.
The trial process begins after the arraignment, assuming you plead not guilty. The trial includes several phases:
- Jury selection
- Opening statements
- Presentation of evidence
- Witness testimony
- Cross-examination
- Closing arguments
- Deliberation and verdict
During the trial, the prosecution must prove that you are indeed guilty beyond a reasonable doubt. You and your legal representative can challenge the prosecution’s evidence and present your own evidence and witnesses to support your defense.
After both sides have presented their cases, the jury can now deliberate and return a verdict. If you are found guilty, the judge can set a date for sentencing.
Can I get probation or parole instead of prison time?
Yes, it is possible to receive probation or parole instead of prison time, depending on the specifics of your case. Factors that can influence a sentence include the severity of the offense, your criminal history and any mitigating circumstances.
Probation can allow you to serve your sentence under supervision in the community rather than in prison, while parole allows for early release from prison under specific conditions. There are also multiple legal options to explore and advocate for alternatives to incarceration when appropriate.
Personal Use Possession Charges
The following chart shows what you may be up against if you have been accused of possessing drugs for personal use. Depending on how the drugs were packaged, and other factors, you could face charges for PWID, which carries very harsh penalties.
*Fines increase for repeat offenders. |
We defend college students who face drug charges. We will do everything possible to keep your child from obtaining a criminal record at this critical stage in life.
Whatever the situation, securing legal representation promptly after any drug possession charge is crucial for achieving a favorable outcome in court.
Penalties For Drug Possession Vs. Intent To Distribute in Upper Marlboro
The potential penalties for drug crimes in Maryland can include fines, probation, suspension of driving privileges and incarceration.
- Possession of controlled substances other than marijuana can attract up to four years of imprisonment and a $25,000 fine.
- PWID carries much harsher potential sentences, often determined by the drug scheduling and amount. For example, PWID large quantities of cocaine or heroin could result in up to 20 years in prison.
Given the serious potential consequences, you are better off consulting an experienced criminal defense lawyer to protect your rights and future.
|
Protect Your Future. Get A Free Case Review.
We get positive outcomes in drug cases by pulling at each thread of the prosecution’s case until it falls apart. As your lawyers, we will look for flaws in your arrest. We will work hard to stop questionable evidence from being admitted. When it is not possible to win a drug case, we do everything within our power to fight to minimize the consequences of a conviction and tilt the sentence away from jail time.
Call 301-579-3429 or send us an email to talk to a lawyer about drug possession defense for free. We do not charge for initial consultations. We would be happy to answer your questions.
Serving cities in and around Prince George’s County, and all of Maryland, including:
- Waldorf
- Bowie
- Fort Washington
- College Park
- Laurel
- Clinton
- Landover
- Camp Springs
- Mitchellville
- Forestville
- Capitol Heights
| Contact Us Today For An Aggressive, Focused Defense. If you are facing possession with intent to distribute charges, the consequences can be severe. Having strong legal support can help you through this challenging time. Contact us at 301-579-3429 or send us an email to schedule your free consultation and get started on your defense. |