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Articles Posted in Drug law

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Maryland Court Throws Out Drug Convictions When State Asserted Multiple Charges Based on One Conspiracy

One of the things about which people on trial must concern themselves is being overcharged by the prosecution. That’s what happened to one inmate charged with multiple crimes for his part in bringing marijuana into a jail. Since the state only had proof of one agreement to move the drugs,…

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Maryland’s High Court Considers the Impact of New Marijuana Law on Fourth Amendment Search Cases

When the General Assembly passes new laws that affect the criminal statutes, those changes can potentially have wide-ranging effects. As one example, the legislature’s law decriminalizing small (<10 grams) quantities of marijuana has led some to question whether a law enforcement officer can still conduct a warrantless search based upon…

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How Ambiguity Regarding a Police Search Can Get Evidence Excluded in a Maryland Criminal Trial

A man who was convicted of a drug crime took his case all the way to Maryland’s highest court to seek a reversal of his conviction. In this man’s case, the problem with the state’s case was that the prosecution lacked clear proof that the marijuana-odor evidence that was at the…

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Maryland Judge’s Declaration Without Defendant Present Prevents Retrial on Drug Charge

When you are facing a criminal trial, the U.S. and Maryland constitutions give you certain clear rights. One of these is the right to be present at your trial. When a court violates your rights, the law may give you certain options as a result of this constitutional violation. In…

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Maryland Man’s Conviction Overturned Because Police Conducted Illegal ‘Frisk’ Search

Maryland’s highest court recently threw out the drug and gun possession conviction of a man, due to the lack of reasonable suspicion on the part of the officers who searched him. The Fourth Amendment requires that law enforcement officers have a reasonable degree of suspicion before they can search your…

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Maryland Court Reviews Issue of First Impression in Marijuana Possession Case

As a general rule, under the Fourth Amendment to the United States Constitution, citizens are protected from “unreasonable searches and seizures.” In order to conduct a search, a law enforcement officer is required to obtain a court-issued warrant. As with most legal provisions, courts have interpreted the Fourth Amendment in…

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Maryland Legislators Propose Sweeping Reforms to Criminal Justice System

Maryland’s criminal justice system may seem complicated and intimidating to a person who has been arrested or charged with a crime. It is important to remember, however, that you may be able to assert any number of valid defenses. For instance, there exist both substantive and procedural criminal defense strategies. Substantive defenses…

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Maryland Court Denies Motion to Suppress – Affirms Finding of Probable Cause

In Maryland, and in states throughout the country, people are entitled to legal protections under the Fourth Amendment – namely, to be free from illegal searches and seizures of their person, homes, papers, and effects. When a person is arrested or charged with a crime, it is vitally important that…

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