Drug Crimes FAQs
The Law Office of Hammad S. Matin, P.A. provides the following answers to questions frequently encountered in our La Plata criminal defense practice, as we defend people charged with drug crimes such as possession and distribution of controlled dangerous substances in Charles County. If you have other questions, or if you have been arrested on a Maryland drug offense and need advice and legal representation, contact the Law Office of Hammad S. Matin, P.A., for immediate assistance.
Q. Can the police search my car during a traffic stop?
A. There are several technical exceptions to the general rule requiring a warrant and probable cause in order to conduct a search, and the question becomes even more complicated when a vehicle is involved. If the police order you out of the car or tell you they are going to search your car, you should comply and not try to interfere. If the search was invalid at any point, your attorney can address that matter at a later date. One thing you do not have to do is give the police permission to search your car. If they ask your permission, you have the right to refuse consent and should probably do so.
Q. Can I be charged with distribution if I only had drugs for personal use?
A. Possession with intent to distribute is obviously a more serious crime than simple possession, although possession of a controlled dangerous substance (CDS) can land you up to four years in prison and a $25,000 fine (penalties for marijuana possession are still serious but are substantially less). The law does not state precisely what quantity of drugs would be considered possession with intent; rather, it is unlawful to possess a CDS "in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance."
Besides the quantity involved, other factors may indicate an intent to distribute or not, such as how the drugs were packaged, or the presence of scales or large amounts of cash. If you had drugs for your personal use but are being charged with intent to distribute, your attorney should fight hard to have the charge reduced or present a strong defense as to why the crime of possession with intent was not committed.
Q. If I was arrested in possession of narcotics, should I plead guilty to get the best deal from the prosecutor?
A. Whether to plead guilty or not guilty is ultimately your decision, but there are several factors you should consider. While you may be guilty of some offense, the prosecutor may be charging a higher offense that you did not technically violate, and pleading guilty to the charged offense will subject you to a punishment you do not deserve. You may also have many defenses available against the charged offense. It is the state's job to prove every element of the crime beyond a reasonable doubt, and you have a right to go free if the state cannot do its job.
Even if you are going to plead guilty, you should still hire an experienced attorney to negotiate the terms of the plea bargain. The deal offered by the prosecutor can be vastly different depending upon the quality of your defense. With an experienced and competent lawyer, you may be able to avoid any jail time or the imposition of a sentence, depending upon the circumstances.
