How to Fight Against Accusations of Drug Distribution in Maryland

 Posted on May 10, 2024 in Drug Crimes

Being accused of drug distribution is an extremely serious matter in Maryland. A conviction can result in years or even decades behind bars and a permanent criminal record that wreaks havoc on your personal and professional life. If you or your company have been accused of distributing illegal drugs, it is critical to understand the law and create a vigorous defense. A Maryland lawyer can help you with the necessary steps.

What You Should Know About Maryland’s Drug Distribution Laws

In Maryland, drug distribution charges fall under Criminal Law § 5-602, which prohibits the manufacture, distribution, possession with intent to distribute, or dispensing of controlled dangerous substances (CDS). This covers a wide range of illegal drugs, including heroin, cocaine, MDMA, methamphetamine, LSD, and more.

To convict someone of drug distribution, prosecutors must prove beyond a reasonable doubt that the defendant knowingly and intentionally engaged in the prohibited conduct. Just possessing drugs, even in large quantities, is not enough. There must be evidence of intent to distribute. However, possession of a sufficiently large amount can give rise to an inference of intent to distribute.

Potential Defenses Against Drug Distribution Charges

If you have been charged with drug distribution, several potential defenses may be available depending on the specific facts and circumstances:

• Lack of knowledge or intent: As noted above, prosecutors must prove that you knowingly and intentionally distributed or intended to distribute illegal drugs. If the drugs belonged to someone else and you had no knowledge of them, or if you possessed the drugs for personal use only, this could provide a defense.

• Unlawful search and seizure: The Fourth Amendment protects against unreasonable searches and seizures. If the police violated your constitutional rights in obtaining the evidence against you, your attorney may be able to suppress that evidence. This could gut the prosecution’s case.

• Entrapment: Entrapment occurs when the government induces someone to commit a crime the individual would have otherwise not committed. If an undercover officer or informant coerced, harassed, or tricked you into distributing drugs, entrapment may provide a complete defense. However, just being allowed to commit a crime is not entrapment.

• Mistaken identity: In some cases, the police simply arrest the wrong person. If you have been mistakenly identified as a drug distributor, an attorney can work to clear your name by exposing holes and inconsistencies in the evidence.

• Challenging forensic evidence: Drug distribution cases often hinge on forensic testing to identify the substance involved as an illegal drug. Crime labs can and do make mistakes. By challenging the validity or reliability of the forensic evidence, your attorney can potentially have it excluded.

Contact a Towson, MD Drug Possession Defense Lawyer

If you have been accused of distributing illegal drugs, the stakes are likely high. A conviction could mean years in prison and the destruction of your reputation. But you do not have to face these serious charges alone.

Do not let a drug distribution accusation ruin your life. Contact a Bel Air, MD drug possession defense attorney to help protect your rights, freedom, and future. Call Seger Law, LLC at 443-208-4692 to start with a free consultation.