Annapolis Drug Possession Arrests
Someone found possessing drugs in Annapolis will usually be taken into custody by a police officer after that officer has made a determination that there is probable cause to arrest them. Once the individual is taken into custody, they will usually be seen by a commissioner, who will give them a bond, release them on their own recognizance, or will be taken to see a judge who will make determinations about their release. Subsequently, a trial date will be set.
The procedure for arresting someone in an Annapolis drug charge stays the same regardless of the type of drug the individual is arrested for and the amount of the substance possessed. Perhaps, if the amount possessed is a very small amount, an officer may make the determination to issue a citation to charge the accused rather than taking them to the station, arresting them, booking them, and formally processing them. However, that would not happen if there were a large amount of drugs.
After being sent to jail after an Annapolis drug possession arrest, a person should expect that there will be an evaluation of that person’s bond to determine release conditions. Whether a person is released will depend on who is evaluating the bond and making determinations about whether the accused is to be released on their own recognizance, or by paying a bond to guarantee their return for court appearances.
Who Will Be Arrested
Not all people at the scene of a drug possession will be arrested for drug possession. Officers will typically conduct an investigation to determine who they believe they can charge and potentially convict. In possession cases, there is constructive possession and actual possession. Actual possession is having drugs on one’s person, in their pocket, or in the bag that they are holding. In those circumstances, it is easy for an officer to determine who to charge.
In constructive possession cases, it may not be as easy to determine who to charge. In those circumstances, a group of people may be in proximity to a place where drugs are found, but the drugs themselves do not have any identifying information so no specific person can be blamed for them. In constructive possession cases, an officer might charge multiple people with a drug-related offense, but those cases are also more difficult for the officers to prove. This is because in these instances, beyond a reasonable doubt is a very high burden for the state to meet.
Mistakes to Avoid
A person arrested for a drug possession charge in Annapolis should avoid any discussion with the police about anything, particularly if it is case-related. Police officers investigate suspected crimes and assist in criminal prosecutions. Discussing anything with a police officer without discussing it with an attorney first is a huge mistake that any individual should try to avoid.