Being arrested for drug possession in Maryland can be a stressful and overwhelming experience. If it is your first offense, you may not know what to expect if you’re arrested for drug possession in Maryland. Knowing the legal process and your rights is key to handling this situation well.
Understanding the possible consequences is crucial. You could face fines, probation, or jail time. Being informed will help you make the best decisions for your future and protect your rights. Having an experienced attorney is invaluable. They can guide you through the legal process.
The Arrest Process
If law enforcement officers suspect you of drug possession, they may detain and search you based on probable cause. If officers find drugs or drug paraphernalia, they will likely arrest you and take you into custody. The following steps typically occur after an arrest:
- Booking: After the police bring you to the station, they will gather your personal information, take your fingerprints and mugshot, run a background check, and seize any drugs or drug paraphernalia.
- Initial Court Appearance: Within 24 hours of your arrest, you will appear before a judge for a bail hearing. The judge will determine whether you can leave on bail or must stay in custody until trial.
- Arraignment: You will be formally charged with drug possession, and you will have the opportunity to enter a plea of guilty, not guilty, or no contest.
- Pre-Trial Proceedings: Your attorney might work with prosecutors to get a plea deal or dispute the evidence against you.
- Trial and Sentencing: If your case goes to trial, a judge or jury will determine your guilt or innocence.
If convicted, the judge will impose a sentence based on Maryland law.
Potential Penalties for Drug Possession
In Maryland, penalties for drug possession depend on several factors. These include the type and amount of the drug, any past convictions, and if authorities suspect intent to distribute.
Possession
Possessing less than 10 grams of marijuana is a civil offense, and it can result in a fine of up to $100. However, possessing larger amounts may result in misdemeanor or felony charges.
Possession of other controlled substances is a misdemeanor. Controlled substances include cocaine, heroin, methamphetamine, etc. The penalty for a first-time offense is up to one year in jail and a $5,000 fine.
Intent to Distribute
If police think you planned to sell drugs, you could be charged with intent to distribute. Intent to distribute can result in felony charges. This means much tougher penalties, like long prison time.
Defenses Against Drug Possession Charges
Several legal defenses may be available to challenge your drug possession charge:
- Unlawful Search and Seizure: If police search without a warrant or probable cause, the court might throw out the evidence against you.
- Lack of Possession: If drugs weren’t found with you or if others were around, your lawyer might claim the drugs weren’t yours.
- Insufficient Evidence: The prosecution must prove their case beyond a reasonable doubt.
If you are a registered medical marijuana user with a valid prescription under Maryland’s medical marijuana program, you may have a legal defense.
Seek Legal Representation if You’re Arrested for Drug Possession
If the police arrest you for drug possession, you should consult with an experienced drug charges attorney. A skilled lawyer can:
- Assess the facts of your case and identify legal defenses
- Negotiate plea bargains to reduce charges or penalties
- Represent you in court and challenge the prosecution’s evidence
Drug possession penalties can be harsh. However, a good legal strategy might help you minimize the consequences. If you are charged with drug possession in Maryland, get legal help right away. This is the best way to protect your rights and your future.
Contact the Criminal Defense Attorneys at Alpert Schreyer Criminal Defense Attorneys in Maryland for Help Today
For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7