Drug Crimes Attorney in Salisbury, Maryland
If you've been charged with a drug crime in Salisbury, Maryland, it's crucial to have experienced legal representation on your side to protect your rights and your future. At Marvel & Emche, P.A., we understand the intricacies of Maryland's drug laws and are committed to providing strategies tailored to your specific criminal defense case.
Whether you're facing charges for possession, distribution, trafficking, or manufacturing, we’re here to guide you through the legal process, fight for reduced penalties, or seek dismissal of charges. With over 30 years of experience, we’re ready to stand by your side and help you work through this challenging time with confidence.
Overview of Drug Crimes in Maryland
Maryland drug laws are largely aligned with the federal Controlled Substances Act, though the state has its own legal structure for dealing with drug-related offenses. The Maryland Criminal Code categorizes controlled substances into five “schedules” based on their potential for abuse, medical use, and dependency risk.
These schedules classify substances from Schedule I (drugs with no accepted medical use and a high potential for abuse) to Schedule V (drugs with a low potential for abuse and accepted medical use). Substances like heroin, cocaine, and ecstasy are often categorized as Schedule I or II.
Types of Drug Crimes in Maryland
Drug crimes in Maryland are divided into various categories, each carrying specific charges and potential penalties. Below are the most common types of drug offenses:
Possession of Controlled Substances
The most basic drug crime is the possession of controlled substances, which occurs when an individual is found with illegal drugs in their possession. This charge can apply to a wide range of substances, including marijuana, heroin, cocaine, methamphetamine, or prescription drugs without a valid prescription.
Possession charges include:
Simple possession: Simple possession refers to the possession of a controlled substance for personal use. In Maryland, simple possession is a misdemeanor, but the severity of the charge depends on the type and amount of the drug. For example, possession of marijuana in small quantities is typically a misdemeanor with lighter penalties, while possession of more dangerous drugs like heroin or cocaine can result in more severe consequences, including felony charges.
Possession with intent to distribute (PWID): If the prosecution believes that the individual possessed the drugs with the intent to sell, distribute, or manufacture, the charge can be elevated to "possession with intent to distribute." This is a more serious charge, carrying higher penalties. Factors such as the amount of drugs, packaging materials, or the presence of large amounts of cash can all serve as evidence of intent to distribute.
Drug Distribution and Trafficking
Drug distribution and trafficking involve the sale, transportation, or importation of illegal drugs. Trafficking charges generally apply to individuals who are caught transporting large amounts of drugs across state lines or international borders. Here are more differences between the two.
Drug trafficking: Maryland imposes severe penalties for drug trafficking, particularly for large quantities of Schedule I and II substances. Trafficking of certain drugs, like cocaine or heroin, can lead to mandatory minimum sentences, making it a highly serious crime with long-term consequences. Factors like prior convictions, the quantity of drugs involved, and whether minors are involved in the trafficking process can affect sentencing.
Drug distribution: Drug distribution is typically charged when an individual is caught selling drugs, regardless of whether they were caught trafficking across state lines. Even smaller-scale distribution efforts, such as selling drugs to acquaintances or within a local area, can carry hefty penalties in Maryland.
Manufacturing of Controlled Substances
Manufacturing refers to the illegal production or cultivation of drugs, including growing marijuana or manufacturing methamphetamine or heroin. Maryland law makes it illegal to manufacture any controlled substance, and individuals caught in manufacturing operations can face severe criminal charges, often involving long prison sentences.
Driving Under the Influence of Drugs (DUI/DWI)
Driving while under the influence of drugs, known as DUI or DWI, is another common drug-related crime in Maryland. A person can be charged with DUI if they’re caught driving under the influence of any substance that impairs their ability to operate a motor vehicle, such as prescription drugs, marijuana, or illegal drugs.
DUI laws in Maryland include both per se laws (where a certain level of drugs in the bloodstream is considered evidence of impairment) and general impairment laws, which prohibit driving while impaired by any drug or alcohol. As with other drug crimes, penalties for DUI charges can vary.
Criminal Penalties for Drug Offenses in Maryland
Drug crimes in Maryland can result in a wide range of penalties, from fines and probation to lengthy prison sentences. The specific penalties depend on the charge, the type of substance involved, and whether the defendant has prior convictions. Here are common penalties for drug crimes.
Possession: For simple possession of marijuana, for instance, individuals may face a fine or imprisonment. Possession of harder substances, like heroin or cocaine, could lead to more serious consequences, including years in prison. A first offense for possession of a controlled substance can carry a sentence of up to four years in prison and/or a fine of $25,000.
Possession with intent to distribute: The penalties for possession with intent to distribute are much more severe. For example, possession with intent to distribute heroin or cocaine can result in a 20-year prison sentence and fines up to $250,000.
Drug trafficking: Drug trafficking offenses in Maryland are among the most severe. A conviction for trafficking heroin, cocaine, or methamphetamine can result in a mandatory minimum sentence of 5 years to life, depending on the amount involved and whether aggravating factors such as previous convictions exist.
Drug manufacturing: Manufacturing controlled substances also carries serious penalties. Manufacturing methamphetamine, for instance, is punishable by a sentence of 20 years to life in prison. Individuals caught with large quantities of drugs intended for production or distribution can face equally harsh penalties.
Defenses to Drug Charges in Maryland
While drug crimes are often straightforward, there are a variety of defenses that our criminal defense attorneys can use to challenge the prosecution's case. The defense strategy will largely depend on the specific circumstances of the criminal defense case, but some common defenses to drug charges in Maryland include:
Unlawful Search and Seizure
One of the most common defenses in drug cases is that the drugs were found as a result of an unlawful search and seizure. The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures
If law enforcement officers didn’t have a valid search warrant or probable cause to search a vehicle, home, or person, any evidence gathered during that search may be inadmissible in court. A criminal defense lawyer may file a motion to suppress evidence based on this violation of constitutional rights.
Lack of Knowledge or Ownership
In many criminal defense cases, the prosecution must prove that the defendant knew they were in possession of the drugs. If the defendant did not know that the drugs were in their possession, it could be a valid defense. For instance, if drugs were found in a shared vehicle or home, they may argue they didn’t know the drugs were there.
Entrapment
Entrapment occurs when law enforcement officers induce or encourage an individual to commit a crime that they would not have otherwise committed.
If a defendant can prove that they were entrapped by law enforcement, it may lead to a dismissal of the charges. This defense is often used in drug trafficking cases where an undercover officer might have encouraged or pressured the defendant to participate in a crime.
Lack of Intent to Distribute
In cases where an individual is charged with possession with intent to distribute, the defense may argue that there was no intention to sell or distribute the drugs. Factors such as the amount of drugs, packaging, and other circumstantial evidence can be challenged to show that the individual did not intend to distribute the drugs.
Prescription Defense
For individuals charged with possession of prescription drugs without a prescription, a valid prescription from a licensed medical professional can serve as a strong defense. However, the defendant must prove that they had the legal right to possess the prescription drugs.
Drug Diversion Programs in Maryland
Maryland offers certain alternatives to traditional criminal prosecution for individuals facing drug charges, particularly for first-time offenders or those struggling with addiction.
Drug diversion programs, such as the Maryland Drug Court program, are designed to help defendants avoid jail time and instead receive treatment for drug abuse. These programs often involve a combination of counseling, drug testing, and community service, with the goal of rehabilitation rather than punishment.