The distinction between drug distribution and mere possession is personal use, which can still be illegal, but the aim is to reduce the sale and marketing of the drug. The reason for that, in part, is to avoid the type of violence that sometimes springs up around drug trafficking, especially on the streets.
Law enforcement has been cracking down on drug distribution in Maryland, with its intensity often depending on the drug. With the evolving view regarding marijuana, law enforcement has focused mainly on other drugs like crack cocaine and heroin. In recent months, their attention is also centered on the opioid distribution issues, which include amphetamines, and the new synthetic drugs.
If you are facing drug distribution charges, you should consult with a dedicated drug lawyer. Let a Maryland federal drug distribution lawyer fight for you.
Aggravating Factors in a Drug Distribution Case
Aggravating factors with a drug distribution charge include the type of drug and the amount of drugs. The other factors that the court might look at are where the distribution is done. Distributing drugs in or near a school or a place of worship is an aggravating factor that can add to jail time at sentencing. Whether someone is selling to minors as opposed to adults is another factor that courts might look at. Also, whether weapons are being used to protect the drugs or the proceeds from the sale can be a significant factor in increasing the sentence and sometimes imposes mandatory minimum sentences. For more information, reach out to a federal drug distribution lawyer in Maryland.
Constitutional Issues in Drug Distribution Cases
Drug cases frequently implicate the Fourth Amendment, which protects individuals from illegal searches and seizures. This means that law enforcement cannot just show up and start looking around in someone’s house without having a warrant or consent from the person. This also applies to a person’s vehicle. Law enforcement needs to have a warrant or consent.
Every now and then, law enforcement has special exemptions to the requirements which allow them to conduct limited searches of the car or the person, but they usually need one or the other.
Many people do not know that they do not have to consent to a search, so they agree to it. This consent waives their constitutional rights against the search and the seizure. When people have not waived their rights or consented to a search, that individual would need to have an experienced attorney involved who can:
- Assert the individual’s rights for them in court
- File the appropriate motions
- Argue that whatever drugs were seized should be suppressed
- That the case should be dismissed
Evidence Used by the Prosecution
The prosecution uses the drugs that are involved and large amounts of cash as evidence that the person is engaging in distribution. Also, packaging might suggest that the person has been distributing the drug. Sometimes, law enforcement will have informants or undercover officers who will buy the drugs from a targeted individual. They will come into court and testify that the sale was made as evidence of distribution as well.
Contact a Maryland Federal Drug Distribution Attorney
When an individual has been charged with drug distribution, they should immediately retain a Maryland federal drug distribution lawyer who has experience in dealing with these types of cases. The attorney should not avoid the possibility of a trial, and the prosecutors should be aware of their ability to go to trial well prepared to win. Otherwise, the prosecutors will assume that they can make any plea offer, and the person is going to end up accepting it. It is vital to have a defense attorney with a reputation for being an excellent trial lawyer.
If you are facing charges, call today.
