Drug laws in Annapolis and throughout Maryland provide for particularly harsh legal penalties. If youâve been arrested on drug charges, you need to contact a criminal lawyer as soon as possible. Even if it seems that the prosecution has solid evidence against you, a skilled criminal defense attorney may be able to develop a strong case in your defense. There are several strategies that your lawyer may use to discredit the prosecutorâs evidence.
Medical Necessity
If you have a valid prescription for a controlled substance, it is unlikely that the prosecutor will pursue drug charges against you. Some individuals make the mistake of carrying legally prescribed controlled substances in their pockets, rather than in the original pharmacy container. This may lead to drug charges. However, a criminal lawyer should be able to get the charges dismissed once you can produce your legal prescription, provided that the prosecutor does not have evidence that you attempted to unlawfully sell your legally obtained drugs.
Alibi
It is the job of the prosecutor to prove violations of drug laws beyond a reasonable doubt. Your criminal defense attorney may use the specifics of your arrest to demonstrate that your guilt cannot be proven beyond a reasonable doubt. For example, if you are charged with possession and you were arrested while in the presence of other individuals, your defense attorney may argue that there is no proof that the drugs were yours and not someone elseâs property.
Legal Rights Violations
Another defense strategy your lawyer may use involves violations of legal rights. Under the Fourth Amendment of the U.S. Constitution, citizens are protected from unreasonable searches and seizures. You should fully disclose the circumstances of your arrest to your attorney, including whether you gave permission for a search. If you did not give your permission, the officers did not have a search warrant, and the drugs were not in plain view, then your legal rights may have been violated.
Procedural Errors
In addition to legal rights violations, your criminal defense attorney may bring up procedural errors that can jeopardize the prosecutorâs case against you. These might include the failure to conduct a chemical analysis of the substance you were allegedly found with. If you were found with a bag of white powder, cops will automatically assume that it is a drug. However, the substance may actually be crushed eggshells used in a religious ritual. A laboratory analysis could lead to dropped drug charges.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.