Facing charges that allege the illegal possession or distribution of drugs in Rockville are serious matters. While many states have taken steps to decriminalize small amounts of street drugs, with the exception of small amounts of marijuana, Rockville is not located in one of these areas. As a result, possession of even the smallest amount of an illegal substance can lead to serious consequences.
Naturally, allegations that involve the sale or distribution of illegal drugs are even more harsh. Convictions here are always felonies, and the most severe versions can carry mandatory minimum prison sentences. It is vital that defendants take quick action to protect themselves.
A Rockville drug lawyer is prepared to fight back against illegal drug charges. Our skilled attorneys can work to gather evidence in the case, to determine the legality of police action, and to present defenses to juries that could help to create reasonable doubt.
Rockville law, and that of the State as a whole, focuses on limiting access to dangerous chemical substances. These include both street drugs such as heroin and cocaine, and those that are available only with a doctor’s prescription.
At the most basic level, it is illegal for a person to simply possess these substances without proper authorization. According to Maryland Criminal Law Code Annotated §5-601, the simple charge of illegal drug possession is a misdemeanor that can result in a maximum jail sentence of up to four years. This applies to all controlled substances, with the exception of marijuana.
If police believe that they have caught a defendant with a substantial amount of drugs, they may infer that the defendant intended to distribute those drugs into the community. This can result in charges of possession with an intent to distribute. Under Md. Criminal Law Code Ann. §5-602, these are felonies, and the maximum sentences may rise to as many as 20 years. Finally, possession above a certain amount of a substance can bring a mandatory minimum sentence. For example, more than 28 grams of heroin carries a mandatory minimum prison sentence of five years. A drug attorney in Rockville could help to provide more information about the available charges in drug cases.
Every defendant has the presumption of innocence until proven guilty. This means that a prosecutor bears the burden of proving guilt beyond a reasonable doubt. Drug defense attorneys in Rockville have many tools to help create this doubt.
Perhaps the most powerful one is the Constitutional right to privacy. Police officers cannot search a person without reasonable suspicion of criminal activity. Likewise, they cannot search a car or a home without probable cause of a crime. Failures to follow these procedures could allow a defense attorney to file motions in court to exclude all resulting evidence from these searches.
An attorney could also help to argue the concept of intent. Especially when the charges involve allegations of an intent to distribute, whether a prosecutor can demonstrate a defendant’s mindset at the time of arrest will be key to a proper defense. A Rockville drug attorney could help to cross-examine police officers as to their opinions at the time of an arrest and to create responsible doubt in the minds of jurors as to a defendant’s intentions.
The concept of using illegal drugs has undergone a renaissance in the public eye in the past few years. Many people now consider drug use to be a health issue as opposed to a vice. Even so, the state’s drug laws do not reflect this change, and with the exception of marijuana, it is illegal to merely possess any substance on the state’s-controlled substance schedule.
More serious allegations involve the distribution of these substances. Whether for profit or not, providing drugs to another party, or merely intending to do so, is a felony-level offense that may carry a mandatory minimum sentence.
A Rockville drug lawyer is prepared to help you. They can act swiftly to explain your rights and to evaluate whether a police officer has violated your expectation of privacy. They can also fight in court to question the validity of a drug test, to cross-examine police officers, and to protect your rights at every turn. Contact an attorney today to get started.
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