Baltimore Criminal Defense Lawyers The Herbst Firm HomeDrug Crimes
Maryland drug crime lawyer Benjamin Herbst knows how to successfully defend a drug case. He’s done it hundreds of times in the past, and is ready to take on the police and the state’s attorney in your case. It is simply too risky to walk into the courthouse without a lawyer whose number one goal is to achieve the absolute best possible outcome for his or her clients. Benjamin will not settle for an unsatisfactory plea deal just to resolve the case and be done with it, and he will always be prepared for trial if need be. All criminal defendants deserve effort and honesty from their lawyer, not to mention the willingness to fight. The Herbst Firm provides that type of representation in all its client’s cases. If you or a loved one has been charged with any type of drug crime in Maryland state or federal court contact us anytime for a free consultation.
The most common types of drug crimes in the state court system are CDS possession not marijuana and possession with intent to distribute. As of January 1, 2023 possession of less than 2.5 ounces of marijuana is no longer a crime in Maryland so there will be very few marijuana possession arrests going forward. The state legislature has passed more relaxed marijuana laws in each of the past few years and full legalization for recreational use will go into effect on July 1, 2023. Possession of more than 2.5 ounces will still be a crime, but we suspect that most people who are stopped with large quantities of pot to be charged with possession with intent. Most individuals who are caught with CDS not marijuana such as heroin, cocaine or prescription pills like oxycodone and Xanax will be issued a citation or a summons to appear in court, as cops are rarely arresting people anymore for simple possession. On the other hand, out-of-state residents, juveniles and defendants who are not cooperative can still be arrested for possession. While we cannot do anything to stop the arrests from happening, we can prevent jail time, probation, and a damaging conviction from occurring as a result of a possession arrest. Possession of marijuana on federal property in the state of Maryland is still a criminal offense that could result in the issuance of a criminal CVB citation or even an arrest.
Possession with intent to deliver or PWID is the other common drug crime in Maryland. Unfortunately these cases are often over charged by police who simply want to make a felony arrest. Grand juries and state’s attorneys are also notorious for overcharging this offense when a simple possession charge is much more appropriate. This is true for all types of drugs, including marijuana, pills, and heroin. Police and the state have a very limited view of what constitutes personal use, and when in doubt they always charge up instead of down. But just because you’ve been charged with a felony PWID case does not mean you have to face felony charges in court. We have successfully defended dozens of these cases by convincing the state to dismiss felony counts, by filing motions to suppress, and by earning acquittals at trial. Possession with intent to distribute marijuana will no longer be a felony in Maryland starting later this year, but it will still carry a potential prison sentence and should not be taken lightly.
While less common than possession with intent to distribute, we still represent a large number of clients charged with other drug trafficking offenses such as distribution, importation and possession of a large amount. Distribution cases are less common because law enforcement prefers to arrest a suspect after conducting a search warrant or upon making a traffic stop. Distribution requires actual evidence of a sale, which requires a cooperating witness, confidential informant or undercover officer. Importation cases are becoming more common as police technology to track packages and shipments becomes more sophisticated. Possession of a large amount is becoming more common as the legislature attempts to raise the penalties for dealing in dangerous drugs such as fentanyl and heroin.
Benjamin also has defended numerous possession of paraphernalia cases that may not carry a jail sentence, but can still leave a damaging mark on a person’s criminal background. He has successfully had dozens of paraphernalia charges dismissed and expunged over the last few years, and will fight for the same result in your case. Other drug offenses that Benjamin handles include trafficking, sale and attempted sale, and large amount/ kingpin violations. Chances are that whatever drug offense you or a loved one has been charged with, Maryland drug attorney Benjamin has handled it in the past. As a result he is more than prepared to fight for your rights the minute he is hired. Call today at 410-207-2598 for a free case evaluation.
