Calvert County Drug Crime Defense Lawyer
Strong advocacy from Calvert County drug crime defense attorney for defendants charged with Maryland and federal drug offenses
At Carey Law Office, we understand the urgency of providing tough counsel for anyone charged with a drug crime. Our Calvert County drug crime defense attorney fights for defendants in Calvert County from the initial arrest through every stage of the criminal prosecution. We work to suppress evidence due to illegal searches, failure to keep the chain of custody of the drugs, and other reasons. We explain when alternatives such as drug courts or plea bargains may be a better resolution of your case. We work to show the prosecution cannot prove your involvement in the offense charged, all beyond a reasonable doubt. Contact us today to schedule a consultation with an experienced criminal defense attorney.
How does a Calvert County drug defense lawyer help?
Experience matters. A skilled Calvert County criminal defense lawyer like Joseph Carey asserts every possible defense on your behalf. We assert your Constitutional defenses, your legal defenses, and your factual defenses.
In drug cases, the main Constitutional defense involves your Fourth Amendment right to be free from unreasonable searches and seizures. Warrants for searches must be based on probable cause that a crime has been committed. You have a Fifth Amendment right not to incriminate yourself. Defendants also have a Sixth Amendment right to demand that their lawyer represent them at each phase of the prosecution and the right to question the witnesses against you.
The legal defenses include requiring that each part of the drug state crime statute be proved beyond a reasonable doubt. We may challenge the chain of custody of the drug evidence. There are legal rules and court cases that govern how juries can be selected, and we assert every legal defense that applies.
Factual defenses include arguing that the drugs belonged to someone else, that you have an alibi, and other defenses regarding the actual events of the alleged crime.
How are drugs classified in Maryland?
State drug laws are outlined in Title 5 of the Maryland Criminal Code, Controlled Dangerous Substances, Prescriptions, and Other Substances. Drugs are classified as Schedule I, II, III, IV, or V drugs.
- Schedule Idrugs are considered the most dangerous drugs. These drugs have:
- “A high potential for abuse of the substance
- No accepted medical use in the United States for the substance
- A lack of accepted safety for use of the substance under medical supervision”
- Schedule IIdrugs also have a high potential for substance abuse. They may have a currently accepted medical use – usually with severe restrictions. Abuse of this category of drugs may “lead to severe psychological or physical dependence.”
- Schedule IIIdrugs have a potential for abuse which is less than the Schedule I and Schedule II drugs. There is “well documented and approved medical use of the substance in the United States.” There is also evidence that substance abuse “may lead to moderate or low physical dependence or high psychological dependence.”
- Schedule IVdrugs have a low potential for abuse as compared to Schedules I, II, and III drugs. There is current US evidence that the drugs are useful for medical treatments. Substance abuse may result in “limited physical dependence or psychological dependence relative to the substances in Schedule III.”
- Schedule Vdrugs have a low potential for abuse compared to the other schedules, are currently considered to have medical uses, and are considered somewhat less likely to cause physical or psychological dependence than Schedule IV drugs.
Some of the commonly known drugs for each Schedule are:
- Schedule I drugs
- Schedule II drugs
- Amphetamines
- Cocaine
- Codeine
- Fentanyl
- Methamphetamines
- Morphine
- Opium
- OxyContin
- Schedule III drugs
- Anabolic steroids
- Testosterone
- Vicodin
- Schedule IV drugs
- Schedule V drugs
- Diphenoxylate
- Ethyl morphine
- Medications containing codeine
Generally, the penalties for various drug crimes (manufacture, possession, sale, and distribution) are most severe for Schedule I drugs and least severe (though still very tough) for Schedule V drugs.
What are the types of drug crimes in Calvert County, Maryland?
The Maryland drug laws are similar but not identical to federal drug laws. Defendants should understand that they may be charged with federal crimes if the conduct involves more than one state, occurred on federal property, or for other applicable reasons.
Some of the common types of drug crimes in Maryland are:
- 5-601. Possessing or administering controlled dangerous substance.Possession includes use, as well as using illegal methods (such as fraud, providing false information such as your name, presenting a false prescription) to obtain the controlled substances.
Possession is normally a misdemeanor. The penalties (unless an exception applies) are generally as follows:
- First conviction. Up to 1 year in jail and up to $5,000 in fines.
- Second or third conviction. Up to 18 months in jail and up to $5,000 in fines.
- Fourth and subsequent convictions. Up to 24 months in jail and up to $5,00 in fines.
- 5-602. Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance
- 5-603. Equipment to produce controlled dangerous substance
- 5-606. False prescription
Possession of marijuana is handled differently. In Maryland:
- Possession of less than 10 grams of marijuana is a civil (not criminal) offense. Fines cannot be more than $100 for first offenses, $250 for second offenses, and $500 for third and subsequent offenses.
- Possession of 10 grams or more is a misdemeanor and is treated like other drug possession cases.
What are the penalties for drug crimes in Calvert County?
Defendants who violate the drug crime laws on distribution, possession with intent to distribute, the dispensing of controlled dangerous substances, equipment to produce controlled dangerous substances, or false prescriptions are guilty of a felony. Convictions can result in up to five years in jail and up to $15,000 in fines. Defendants may be eligible for a state-approved drug treatment program.
There are many exceptions, requirements, and enhancements to the various drug laws which an experienced Calvert County criminal defense lawyer will explain. Examples of enhancements (which may result in increased penalties) include:
- Selling drugs in a school drug-free zone
- Prior convictions
- Using weapons to commit the drug offense
Do you have a Calvert County drug crime defense attorney near me?
We have two offices in Maryland for your convenience:
Bowie Office
14300 Gallant Fox Ln, Suite 223
Bowie, MD 20715
Dunkirk Office
10425 Southern Maryland Blvd., #201
Dunkirk, MD 20754
Speak with an experienced Calvert County drug defense lawyer today
It is critical that defendants accused of drug crimes speak with an experienced drug defense lawyer as soon as possible. Calvert County drug defense attorney Joseph Carey has been fighting for criminal defendants across Southern Maryland including Calvert County for 40 years. To assert your rights and speak with a seasoned defense lawyer, call our offices or fill out our contact form to schedule a consultation today.