Maryland Drug Arrests
When charged with a drug offense in Maryland, a person should expect to go through the Maryland drug arrest process after by police. The individual may be arrested and then formally charged at the police station or a review may be conducted to determine release conditions. Depending on the case, an experienced drug lawyer can be influential determining whether a bond is appropriate and if a trial date may be set.
Pre-Trial Process
Before the trial takes place, attorneys might get involved in the process of discovery to review any evidence that might exist with respect to the case, and how that evidence might actually be used by the state in their criminal prosecution.
One might expect there to be pretrial hearings, motions hearings and then a formal criminal trial to address the criminal charges brought against the person. A person is usually arrested by a police officer and processed. During the Maryland drug arrest process, determinations are made about what, if any, bond amount should be imposed to secure a person’s release.
Defining Type and Quantity
The type and quantity of the drug can be very important to officers during the Maryland drug arrest process. Officers see drug cases in the same way that judges and prosecutors do. Marijuana cases are not quite as serious as other drug-related cases. A quantity of marijuana or any drugs indicative of the possibility of intent to distribute that drug will magnify any situation, as the person could potentially be facing felony charges at that point.
What are Aggravating Factors to an Arrest?
Some of the aggravating factors in a Maryland drug arrest process might be things like weapons that might be around or the potential for a person to be part of a large-scale drug ring. Things that might make irregular drug cases are considered more dangerous drug situations.
The Risk of Facing Consequences
All people at the scene of a drug arrest are at risk. However, it is important to recognize that officers and prosecutors, in most cases, do their due diligence to try to identify the responsible parties and charge only those people they have probable cause to charge.
If a person is charged with an offense, even in the proximity of others, they should not assume that because they were not involved that does not mean they will not be involved in the Maryland drug arrest process.
It is still important to hire a diligent attorney who is going to make sure to speak on the person’s behalf and argue in the person’s best interest. An attorney can help express that their client should not have been charged and ask whether they can get the record cleared and expunged as soon as possible.
What is the Likelihood of Avoiding Arrest?
A person might not be arrested if they did not have anything to do with the offense. If someone possessed a vehicle that was stopped and drugs were found in the car, all people in the car could, theoretically, be charged.
If the drugs were found in the pocket of the front passenger, it is possible the other people in the vehicle might not have had anything to do with those drugs. Therefore, no constructive possession of them, thereby making a strong argument on their behalf that the charges against them should have never been brought or should be dismissed.
Role of an Attorney
When a person contacts an attorney, that attorney can begin some procedures to preserve the best defense possible. They can make sure that any witness is properly subpoenaed. If there is a criminal charge, the attorney can make sure that the person is not arrested in some embarrassing way, at work or at home, but rather in a more appropriate way, perhaps a summons or an arrest warrant.
If there is a criminal charge, the attorney can make sure that the person is arrested in a more appropriate way, perhaps a summons or an arrest warrant. There are many different ways that an attorney can assist in the early stages of the Maryland drug arrest process.