Montgomery County Drug Distribution Lawyer
In Montgomery County, drug distribution is a felony offense, and can be far more serious than a charge of being in possession of a drug. If you have been accused of drug distribution, a distinguished drug attorney can help you present your case to a Montgomery County court. Speaking with a Montgomery County drug distribution lawyer may be critical to your future.
Distribution is considered a crime against society. Someone distributing drugs to other members of the community will cause health concerns or concerns about community safety and will be a higher priority for criminal prosecutors and the government than someone who is simply in possession of something for personal use.
Maryland Distribution Laws
Law enforcement in Montgomery County, and throughout the country, has always seen drug distribution as a priority. They believe going after the drug distributors is the way to keep drugs off the street, as opposed to going after people who are simply in possession of drugs.
People who are simply in possession are deemed to be only harming themselves. Distributors have a far larger audience of people they could potentially harm. A Montgomery County drug distribution attorney will be up-to-date on local laws and the impact they might have on someone facing these charges.
Possession of a Weapon
If someone was in possession of a weapon at the time that they were charged with drug distribution or perhaps they had a lengthy criminal history, those would be factors that would aggravate the kinds of charges and perhaps magnify the penalties associated with them.
If someone was in possession of a handgun and charged with drug distribution in Montgomery County, they could face mandatory minimum sentences as opposed to simply facing the maximum penalty if the judge had some discretion.
Perhaps the most common constitutional issue with Montgomery County drug distribution cases is the Fourth Amendment regarding lawful search and seizure. Most drug distribution cases will be investigated with some sort of confidential informant controlled by a drug distributor, or the police, who are either involved directly or are watching the actual drug transaction.
They would also utilize things like wiretaps to listen in on drug distributions to make a formal arrest. Those kinds of setups or wiretaps require the authority of either higher-up approval from the police department or a direct warrant granted from the judges in the district or circuit court.
In those circumstances, the procedures followed by law enforcement to set up people and to ultimately charge them with drug distribution, are going to be extremely scrutinized by defense attorneys and the court system to make sure that a person’s rights are not violated.
Proof and Evidence in Drug Cases
Prosecutors often use things like wiretaps, confidential informants or controlled buys for Montgomery County drug distribution cases. These scenarios usually involve people who are actually distributing a controlled dangerous substance in order to try and secure evidence. This usually takes place before charging a person with a distribution charge of that controlled dangerous substance.
Significant elements of the crime to be contested are whether or not the actual distribution took place. One other thing contested in a trial is whether or not the buy was set up legally or whether there was some kind of an entrapment.
Speaking with an Attorney
Someone should look for a Montgomery County drug distribution lawyer who has experience handling these kinds of cases. There will be significant constitutional issues that could potentially win or lose a drug distribution case. An experienced attorney, well-versed in constitutional issues and Fourth Amendment procedures, will be invaluable to putting on an appropriate defense.
Additionally, a person will want to work with someone who has experience with the particular county that the case is brought in. It is important that the facts of the case are moved forward knowing the qualities of the parties, including the judge and prosecutor and understanding their temperaments, and what arguments are likely to be successful within that forum.
A drug distribution attorney in Montgomery County who can identify the issues that court system will be most receptive to and what the likelihood of success is with respect to those arguments in that particular court system.