Authorities aggressively pursue drug possession cases. Over 85% of the drug cases in Maryland are simple possession matters. Authorities aggressively pursue these charges because they erroneously believe they are easy to prove in court. But as outlined below, drug possession charges often do not hold up in court. Procedural and/or substantive defenses often apply.

A Greenbelt, Maryland criminal defense lawyer from the Law Office of Robert R. Castro leverages these defenses at trial, or more likely during pretrial settlement negotiations, to obtain the best possible result under the circumstances. A good result is a process, not a result. This process includes a thorough case evaluation, diligent evidence collection, and tireless advocacy.

Keep the Substance Out of Court

Under the Fourth Amendment, physical evidence, such as illegal drugs, is inadmissible in court unless officers had a valid search warrant or a narrow search warrant exception applied.

Most vehicle possession cases involve a search warrant exception. Everything happens so fast that officers do not have search warrants in these cases. Some common exceptions are:

• Owner Consent: If an owner consents to a property search, officers do not need search warrants. Usually, consent is a voluntary and affirmative act. For example, most courts allow most officers to bully most defendants to an extent, but they eventually cross a line. 
• Plain View: If officers see contraband, like illegal drugs, in plain view, they may seize it without a warrant. That is assuming they were legally in that place at that time. So, a Landover, Maryland criminal defense lawyer often challenges the legality of the law enforcement contact under the Fourth Amendment.
• Exigent Circumstances: If officers reasonably believe someone is in danger, perhaps because of a possible gas leak, they may enter a dwelling without a warrant, perform a security sweep, and seize any contraband they see in plain view.

Drug search warrants must be based on probable cause, narrowly tailored, and issued by a neutral magistrate.

Typically, the uncorroborated testimony of a paid informer, who received money or leniency in exchange for cooperation, is unreliable and does not constitute probable cause. Most people will say almost anything for love or money.

Furthermore, search warrants must be very specific, as to the places to search and the items to look for. If officers have a warrant to search for drugs in the garage, they cannot look in the basement. Finally, if officers judge shopped (presented the application to more than one judge), that judge’s impartiality, or the lack thereof,  could be an issue.

Challenge Possession

Criminal possession in Maryland requires proof of three elements (close proximity, actual knowledge, and exclusive control) beyond any reasonable doubt.

The first element is often straightforward, mostly because state law broadly defines close proximity. The other two are a different story. In fact, a defendant could literally be sitting on illegal drugs and not possess them. That is especially true if the defendant was with people s/he did not know well or the drugs were in a separate container.

Proof beyond any reasonable doubt is the highest standard of proof in Maryland law. Basically, prosecutors need overwhelming evidence on all three elements to overcome the presumption of innocence in these cases. Frequently, such evidence is simply unavailable.

Contact a Dedicated Calvert County Lawyer

There is a big difference between an arrest and a conviction. For a confidential consultation with an experienced criminal defense lawyer in Upper Marlboro, Maryland, contact the Law Office of Robert R. Castro, 2670 Crain Highway #411, Waldorf, MD 20601. You can also call us at (301) 870-1200 or go online.

This article has been provided by the Law Office of Robert R. Castro. For more information or questions contact our office to speak to an experienced lawyer at (301) 870-1200.