Defenses for Drug Possession Charges in Maryland

Facing drug possession charges in Maryland can be a scary and overwhelming experience. These charges can lead to severe penalties, including hefty fines, jail time, and a permanent criminal record. However, there are defenses available that can help you fight the charges and protect your rights. Understanding these defenses is crucial, and working with a lawyer who knows Maryland law can make all the difference in the outcome of your case. At, Alpert Schreyer, LLC , we are here to guide you through the legal process and help you navigate the complexities of your case.

When you are charged with drug possession, the prosecution must prove that you knowingly possessed illegal drugs. However, several legal defenses can be raised to challenge this claim, casting doubt on the prosecution’s case and potentially getting the charges reduced or dismissed altogether. Maryland courts take drug charges seriously, but with the right defense strategy, you can fight for the best possible result.

Unlawful Search and Seizure

One of the most common defenses in drug possession cases is arguing that the drugs were found during an unlawful search and seizure. The Fourth Amendment of the United States Constitution protects citizens from unreasonable searches and seizures. This means that the police must have a valid reason, like a warrant or probable cause, before searching you, your home, or your vehicle.

If the police conducted an illegal search, any evidence they obtained during that search, including drugs, may not be allowed in court. For example, if the police pulled you over without a legitimate reason and then found drugs in your car, you could argue that their search was illegal. Without the drug evidence, the prosecution’s case may fall apart, leading to the charges being dismissed.

Andrew D. Alpert

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Michael J. Schreyer

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Michael Berman

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Lack of Possession

Another strong defense in drug possession cases is claiming that you did not actually possess the drugs. In Maryland, possession can be either actual or constructive. Actual possession means the drugs were found directly on your person, such as in your pocket or hand. Constructive possession means the drugs were found in a place that you had control over, like your car or house, even if they were not physically on you.

You may be able to argue that the drugs did not belong to you or that you did not have control over the area where they were found. For example, if drugs were found in a shared apartment or car, it might be difficult for the prosecution to prove that the drugs were specifically yours and not someone else’s. Proving lack of possession can be a powerful way to challenge the charges against you.

Mistaken Identity

Sometimes, individuals are wrongfully accused of drug possession due to mistaken identity. This defense is particularly common in cases where several people are present, and the drugs are found in a public place, such as a park or apartment complex. If the police mistakenly identify you as the person responsible for possessing the drugs, you can argue that they arrested the wrong person.

This defense may require proving that someone else had control of the drugs or that you were not present when the drugs were discovered. An attorney can help gather evidence, such as witness statements or surveillance footage, to support your claim that you were not involved.

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Lack of Knowledge

For you to be convicted of drug possession in Maryland, the prosecution must prove that you knew about the drugs and knowingly possessed them. Lack of knowledge is a defense that argues you were unaware that the drugs were in your possession or that they were illegal.

For example, if you borrowed a friend’s car and were pulled over by the police, only to have drugs found in the trunk, you could argue that you had no idea the drugs were there. Similarly, if someone gave you a bag that you did not know contained illegal substances, you could claim that you lacked the knowledge necessary for a conviction. If the prosecution cannot prove that you knew about the drugs, the charges may not hold up in court.

Entrapment

Entrapment occurs when law enforcement officers persuade or coerce someone into committing a crime they would not have otherwise committed. This defense can be raised if an undercover police officer convinced you to possess or purchase drugs when you had no prior intent to do so.

For example, if an undercover officer pressures you into buying drugs and you do so under duress, you might be able to argue that you were entrapped. Entrapment is a difficult defense to prove, as it requires showing that you had no intent to commit the crime before the officer’s involvement. However, it can be a successful strategy in cases where law enforcement crossed the line.

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Crime Lab Analysis

In drug possession cases, the prosecution must prove that the substance in question is indeed an illegal drug. To do this, the drugs are typically sent to a crime lab for analysis. If the lab results are inconclusive, incorrect, or mishandled, the defense can challenge the validity of the drug evidence.

For instance, the drugs could be mistakenly identified, or the crime lab may have improperly stored or tested the substance. If there is any doubt about the identity of the substance, the prosecution’s case could be weakened, potentially leading to a dismissal of the charges.

Medical Marijuana Defense

Maryland has a medical marijuana program that allows certain individuals to legally possess marijuana if they have a valid medical certification. If you are a medical marijuana patient and were arrested for possessing marijuana, you may be able to use this as a defense in court.

However, it is important to note that medical marijuana laws in Maryland have specific requirements. You must have a valid medical marijuana card and be in compliance with the state’s guidelines for possession. If you can demonstrate that your marijuana use was lawful under Maryland’s medical marijuana program, the charges against you could be dismissed.

Verdicts & Settlements

DUI

All Charges Dropped

Found in his parked car with a friend and some open bottles, our client was facing a fourth DUI offense, along with 3 years of prison time and 2 more for probation violation. We didn’t back down in court, and the state dropped all charges after a short recess. Our client did not receive jail time, points, or probation – and he only paid a $50 fine.

DUI

Probationary Deal on a Second Offense

Our client had a .18 BAC in a notoriously heavy-handed jurisdiction, Harford County, where people can easily do 60 days active time on a second offense. Our firm negotiated a plea deal for our client that achieved no conviction, no points, and no jail. The Judge was incredibly impressed with the mitigation package we presented on behalf of client, who was very pleased with the results.

DUI

No Jail Sentence

Our firm secured a no-jail sentence for our client from a very tough Judge in Frederick County. Our client blew a .20 on a third offense, and the prosecutor was asking for active jail time. The Judge said the mitigation package we devised for the client made all the difference and led him to ignore the prosecutor’s jail recommendation in favor of just probation.

DUI

Charge Reduced

One of our DUI clients was facing up to 1 year in jail if convicted, plus $1000 in fines, 12 points on her driving record, and 3 years of supervised probation. By negotiating with the prosecution, we were able to secure a much better result. Our client did not receive a conviction, points, or jail time – instead, she paid only a few hundred dollars and received 1 year of unsupervised probation.

DUI

Not Guilty

After his fifth DUI charge, our client was facing up to 3 years in prison for a conviction. By showing that the field sobriety test result was affected by the client’s disability, our defense attorneys were able to secure a “not guilty” verdict on all counts, after the jury deliberated for only 12 minutes.

DUI

Probationary Deal on 6th Offense

After being arrested for their sixth DUI, our client faced 3 years in jail, up to $3,000 in fines, and a system inclined to award maximum penalties to repeat offenders. Our team managed to secure a probationary deal with no jail time for this client.

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Planted Drugs

Although rare, there are instances where law enforcement officers or other individuals may plant drugs on an innocent person. If you believe that drugs were planted on you, your defense attorney can investigate the circumstances of your arrest and look for inconsistencies or suspicious behavior by the police.

Planted drug cases can be difficult to prove, but if there is evidence that the drugs were placed on you without your knowledge, this could lead to a successful defense. An experienced lawyer will know how to thoroughly investigate your case and gather the necessary evidence to support your claim.

Duress or Coercion

Duress or coercion is another possible defense in a drug possession case. This defense argues that you were forced to possess or transport drugs under the threat of harm to yourself or others. For example, if someone threatened your life or the safety of your family unless you held onto drugs for them, you could use this defense in court.

The key to this defense is proving that you were under immediate threat and had no other option but to comply. If the court finds that you acted under duress, you may not be held legally responsible for the drug possession charges.

If you are facing drug possession charges in Maryland, understanding the possible defenses available to you is crucial. Every case is unique, and the right defense will depend on the specific circumstances of your situation. From challenging an unlawful search and seizure to proving that the drugs did not belong to you, there are several strategies that can be used to fight the charges.

If you or someone you know has been arrested for drug possession, it is important to consult with a knowledgeable lawyer who can assess your case and determine the best defense. The attorneys at Alpert Schreyer, LLC have extensive experience handling drug possession cases in Maryland and are dedicated to protecting your rights. Contact us today to discuss your case and learn how we can help you fight for a favorable outcome.