Articles Posted in Drug law

There are lots of good reasons to retain an experienced Maryland drug crime attorney to handle your case. Your knowledgeable defense attorney will probably know the law better than you, and they will probably know the rules of court procedure better than you. A skilled attorney will also be able to spot circumstances in which your rights have been violated, and be able to use that violation to get your conviction overturned.Take, as an example, the case of S.A. S.A. was on trial for one count of attempted manufacture of meth and two counts of possession of drug paraphernalia. At the trial on those charges, the state sought to call to the witness stand R.S. R.S., who was the prosecution’s only non-law enforcement witness, was good friends with S.A. The state sought to elicit testimony from the friend that she had told an officer that S.A. lived in a particular trailer and made meth in that trailer.

As the prosecutor asked more and more questions about what R.S. saw in the trailer (regarding the manufacture of meth), the judge became concerned about R.S.’ right not to incriminate herself. The judge instructed the woman about her right to refuse to answer on Fifth Amendment grounds. Despite the objections lodged by S.A.’s lawyer, and also despite several expressions of hesitancy by R.S., the court allowed R.S. to give several pieces of testimony, even though she did not have legal representation in the courtroom at the time.

The court eventually found S.A. guilty.

A 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.

If 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.

When 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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