Articles Posted in Drug law

hypodermic needleA very famous television courtroom drama show once depicted an outraged Assistant District Attorney responding to a mass shooting with multiple deaths by prosecuting the men at the head of a gun manufacturing company for homicide. The jury returned a guilty verdict, but the trial judge threw out that verdict and declared the defendants not guilty. “It’s not about being right… it’s about doing right,” the judge explained to the prosecutor in ruling for the defense. The fictional judge’s point was this:  no matter how we may feel viscerally about a person’s conduct, justice still requires the state to follow the law, and that means that prosecutors still must meet their burden of proof, which includes establishing beyond a reasonable doubt that a defendant’s conduct was the legal cause of a victim’s death. That principle was on display in a recent Court of Special Appeals ruling overturning an alleged drug dealer’s manslaughter conviction. To ensure that your rights or the rights of your loved one are fully protected at trial, make sure you have the representation of an experienced Maryland homicide defense attorney.

The alleged drug dealer was a man named Patrick. In the early morning hours of June 26, 2015, a man named Colton was found dead in his mother’s bathroom of an apparent heroin overdose. By his body, police found four empty bags with the word “Banshee” and a blue emblem on them. Police later arrested Patrick in his home. At the home, they found several dozen bags of heroin with the word “Banshee” and the same blue emblem on them. Based on that evidence, the state prosecuted Patrick for heroin distribution, reckless endangerment, and manslaughter. At the end of the trial, Patrick was convicted on all three counts.

The Court of Special Appeals threw out the manslaughter conviction. No matter how much negative influence illegal drugs and those who sell them might have, criminal convictions must rest on proof of certain things, including “legal causation.” The acts that the state proved that Patrick committed were not enough to establish that he legally caused Colton’s death. Patrick merely sold Colton four bags of heroin. He did not tell Colton how much to use; the deceased man chose the amount that he injected into his bloodstream, which he did at a later time and in another place. Patrick also did not tell Colton to use the heroin with alcohol, which the dead man did.

gavelIf you or a loved one is facing criminal charges related to controlled substances, it is extremely important to have skilled Maryland drug crime counsel by your side representing you at every step along the process. The lawyers working for the state are experienced in the rules of law and procedure. The law provides you with certain rights and certain ways to utilize those rights to your advantage in your court case, so you need to make sure you have legal knowledge and experience on your side in the form of a skilled attorney to protect your rights.

A recent drug crime case serves as a clear example of why having quality representation matters. Leonard was charged with conspiracy to distribute methlenedioxymethamphetamine (a popular party drug better known as MDMA, “Molly,” or ecstasy). Leonard’s case went through the entire trial process. Leonard was convicted and sentenced for violating Maryland’s controlled dangerous substance laws.

Leonard filed an appeal of his conviction in a timely manner. The attorneys for the state apparently recognized that they had a problem. The basis of Leonard’s appeal, that the state lacked sufficient evidence to obtain a conviction of violating the controlled dangerous substance laws, was valid. Seeking to avoid an unfavorable outcome in the Court of Special Appeals, the state nol prossed the case in the trial court.

pillsIn your criminal case, there are several things that are of vital importance. One of these, obviously, is getting all of your items of proof admitted into evidence. You may face many hurdles in this process, including arguments from the prosecution that your proof is not admissible under the Rules of Evidence. Effectively representing you and protecting your rights in situations like these is one of many ways in which a skilled Maryland drug crime lawyer can provide essential benefits to you.

One example of a case focused upon the defendant’s evidence and the Rules of Evidence was that of Steven, who faced multiple drug charges. The case began with police surveillance of a house in Baltimore. After several weeks, the police obtained a search warrant and, during the search, found evidence of various drugs, including oxycodone, methadone, and alprazolam (a/k/a Xanax). Steven had told the police that he had some drugs in his bedroom, and the officers found Xanax, methadone, and heroin. They found the oxycodone in the kitchen.

The police claimed that Steven gave them no valid prescriptions for any of the drugs. Steven argued in court that this was false. He contended that he and his wife had valid prescriptions for Xanax, methadone, and oxycodone and that he attempted to provide them at the time of the search. The prosecution, to try to defeat Steven’s arguments that he legally possessed those drugs, asked the trial judge to exclude any document evidence regarding the prescriptions. The documents, according to the state, were not admissible because they were hearsay under evidence rules.

Police VehicleIn many criminal cases, especially ones involving drug charges, one of the most important issues is the collection of evidence by the police and compliance with protections guaranteed by the U.S. and Maryland Constitutions. In a recent case of a driver stopped for a non-functioning tail light, the fact that the police found illegal drugs on a passenger in the vehicle (pursuant to a valid search) did not automatically give them probable cause to search the driver’s trunk in pursuit of more drug evidence, according to the Court of Special Appeals‘ ruling.

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PoliceOne of the most important tools in a police officer’s arsenal of law enforcement techniques is what’s called a Terry stop. However, one of the law enforcement techniques that is the most susceptible to misuse is the Terry stop. In a recent drug case from southeastern Maryland, the Court of Special Appeals overturned a man’s conviction, concluding that the Terry stop in his case was improper. The case is a clear reminder of the limitations of law enforcement’s authority to engage in warrantless stop-and-frisk searches of citizens.

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annapolis-mall-21When you or a loved one are facing criminal charges in Maryland, there may be multiple different outcomes that could count as a successful resolution of your case. Obviously, one outcome is to be declared not guilty. Another is to have the prosecution drop the case against you. So, what do you do when the state decides to drop the charges against you in the middle of your appeal? That was the situation facing one Anne Arundel County man recently, and his case points the differences between the different ways your case can be resolved, and the relative advantages of each.

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gavel and booksOne 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, the man could be guilty of only one conspiracy. The man’s conviction on two drug conspiracy charges led the Court of Special Appeals to vacate one of those convictions.

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Unrolled jointWhen 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 no more probable cause than the mere perception of the smell of marijuana. While the Court of Special Appeals had generally upheld searches based upon detecting the odor of marijuana, even after the law took effect, the Court of Appeals has taken up the issue, hearing oral arguments on a case contesting the convictions of three men convicted under these circumstances.

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traffic stopA 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 heart of its case was obtained through a legal police search. In cases in which the evidence is unclear regarding whether a police search was legal or an illegal Fourth Amendment violation, the court must resolve that uncertainty in favor of the accused person.

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JuryWhen 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 the case of one man arrested in Montgomery County, a judge’s decision to declare a mistrial on a drug charge while the man was involuntarily away from court due to a medical emergency resulted in jeopardy attaching. This meant that the man’s constitutional protection against double jeopardy prevented him from facing another trial on that charge, according to a recent Maryland Court of Appeals ruling.

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