Drug convictions often mean long-term prison sentences, large fines, and difficulty finding work on a place to live on your release. At Drew Cochran, Attorney at Law, we fight to have drug charges dismissed, obtain acquittals, and negotiate plea bargains.
Generally, drug possession offenses and other drug-related offenses are based on the specific drug and the amount of the drug. Controlled substances are categorized from Schedule I (the most serious) to Schedule V (the least serious – but still very serious).
We assert all your available drug defenses. While the defense strategies differ depending on the specific charge and the facts of your case, some of the common drug defenses we assert are the following:
Constitutional defenses
Our criminal defense lawyer asserts the following US Constitutional defenses:
The Fourth Amendment protects against illegal searches and seizures. With this defense, we challenge whether a police search complied with a defendant’s rights. Specifically, the Fourth Amendment provides:
The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Generally, the police need a warrant to search a home or a person unless certain exceptions apply. Our lawyer understands those exceptions. If the police did not have proper grounds to search for drugs or drug paraphernalia, we file a motion to suppress the evidence. Even if the police had a warrant, we often argue that the search is invalid because it failed to contain the proper information, exceeded the warrant’s scope, or for other reasons. Drug evidence that is suppressed cannot be used in court.
We may also assert the Fifth and Sixth Amendments. The Fifth Amendment protects you if you self-incriminate (give against yourself). The police must advise you of your right to remain silent if you are arrested. If you are arrested, call our office as soon as possible. We can speak for you. The Sixth Amendment provides several protections, including the right to a speedy, public, impartial jury, the right to be told of the charges against you, and the right to confront the witnesses against you.
Other drug defenses
Other drug defenses our lawyer asserts include:
- Lack of possession. The government must be able to show that the defendant had control over any drugs that were seized. Actual control means the drugs are found on the defendant. Constructive control means the defendant had control and dominion over the drugs. A common situation we argue on behalf of a defendant is when the drugs are found in an apartment where multiple people could have reached the drugs.
- Mistaken Identity. Suppose there is no direct evidence linking a defendant to the drugs, such as DNA or fingerprints. In that case, our lawyer may argue that the prosecution can’t identify the defendant as the person in possession of the drugs.
- An exception for medical marijuana applies. In Maryland, it is legal for adults 21 and older to possess limited amounts of non-medical marijuana under certain situations. Medical marijuana is also permitted for those with authorized medical needs under certain conditions.
- With this drug defense, we assert that the police or other law enforcement officers induced a defendant to commit a crime that they wouldn’t have committed without the inducement. This defense is used to show that the government didn’t play fair. They enticed a defendant to buy or possess drugs when there was no initiative on the defendant’s part to obtain the drugs.
- A break in the chain of custody. In Annapolis and all of Maryland, the government is required to account for any drugs that are seized from the time they’re taken until the time of trial. If the drugs can’t be accounted for (who possessed them, how they were stored, when they were transferred, and who had access) during this time period, the defense can assert that the chain of custody has been broken and the drug evidence should be suppressed (not admitted). This defense is based on the principle that the drugs could have been tampered with if the chain of custody was broken.
- Failure to prove the case beyond a reasonable doubt. For every drug charge, the prosecution must convince a jury that the elements of the charge have been proven beyond a reasonable doubt. A reasonable doubt can include questions about what happened, the defendant’s intent, the type and amount of the drugs involved, the credibility of the witnesses, and any other doubts the jury has about the case.
- Questions about the lab results. The defense has the right to question whether standard lab protocols weren’t followed, such as if the lab equipment wasn’t properly calibrated. If the credibility of the lab results is in question, the results could be excluded from evidence.
- The defendant has a medical exception. This defense may apply if the defendant has a doctor’s prescription to use a controlled substance.
- The good Samaritan immunity. This exception protects good Samaritans from prosecution who call 911 while witnessing someone overdose. The idea behind this defense is to prioritize helping people who use drugs be saved from death over prosecuting the caller.
Alternatives to a conviction
At Drew Cochran, Attorney at Law, we also help you if you’re charged with a drug crime by focusing on alternatives to incarceration. One such alternative is to seek to have your case heard by a Maryland drug court. Maryland has created drug courts that focus on defendants who have a substance abuse problem.
Drug courts focus on “comprehensive drug treatment, supervision, and support services using a variety of incentives and sanctions to encourage participant compliance.” Defendants who are admitted to drug courts must strictly comply with “MANDATORY AND FREQUENT court appearances, random drug testing, substance abuse treatment and counseling, and life skills development.”
At Drew Cochran, Attorney at Law, our criminal defense lawyer has been fighting for criminal defendants, including drug defendants, for more than twenty years. We have offices in Annapolis and Ellicott City, Maryland. You may have defenses. You may be eligible for a drug court. We may be able to negotiate a plea bargain for you. To assert all your defenses, call me now or complete my contact form to schedule a consultation.
And remember: Keep Calm – and Call Drew.
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