Drug law

Using Proof of Valid Prescriptions to Construct a Defense Against Drug Charges in Maryland

December 7, 2017 | by Anthony A. Fatemi, LLC

In 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.

What Happens When Police in Maryland Find Evidence of Drugs on One of Your Passengers?

May 5, 2017 | by Anthony A. Fatemi, LLC

In 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.

Court of Special Appeals: Maryland Police Officer Went Too Far in Conducting Warrantless Search

April 7, 2017 | by Anthony A. Fatemi, LLC

One 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.

Maryland Man Accused of Drug Crime Allowed to Continue Pursuing Appeal Despite Nol Pros

March 22, 2017 | by Anthony A. Fatemi, LLC

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.

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

February 5, 2017 | by Anthony A. Fatemi, LLC

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, 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.

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

December 8, 2016 | by Anthony A. Fatemi, LLC

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 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.

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

October 7, 2016 | by Anthony A. Fatemi, LLC

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 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.

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

September 21, 2016 | by Anthony A. Fatemi, LLC

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 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.

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

September 8, 2016 | by Anthony A. Fatemi, LLC

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 person. Simply being out late at night in a high crime area and responding to a police stop by behaving nervously and awkwardly are not, by themselves, sufficient to give officers the required level of suspicion needed to frisk occupants of a vehicle with a broken taillight.

Maryland Court Reviews Issue of First Impression in Marijuana Possession Case

April 22, 2016 | by Anthony A. Fatemi, LLC

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 many cases throughout our country’s history. In one such case, the U.S. Supreme Court carved out an exception to the warrant requirement known as the “automobile exception” or “Carroll doctrine,” which has been applied to criminal cases brought in Maryland courts. It is important for anyone who has been arrested or charged with a crime to make sure that the State did not violate protected constitutional rights in the process of obtaining evidence. An experienced Maryland criminal defense attorney would be able to assess your case to determine which defenses you may be entitled to assert.