Facing Drug Charges in Ocean City?
One of the most commonly charged misdemeanor crimes in Ocean City, MD is drug possession. The severity of punishment for these crimes is based on the type and amount of drugs found in your possession, your prior criminal history, and whether the drugs were for your own personal consumption, or you intended to sell or distribute the drugs to others.
Depending on your situation, you could be facing incarceration, fines, court costs, probation, treatment/education classes, and any other conditions the court deems appropriate. A conviction for drug possession will be a blemish on your record that could negatively impact your life and future. Every time you apply for a job, financial loan, or apartment, a background check will reveal your troubles with the law.
If you have been arrested and charged with possession of a controlled substance in Ocean City, consult with an Ocean County criminal defense attorney who will fight to protect and defend your reputation, freedom, and rights, freedom, and reputation. Attorney Richard J. Brueckner has over a decade of criminal trial experience. As a former prosecutor, he has a working knowledge of both state and federal drug laws and will devote all his resources to providing you with the best defense possible. His ultimate goal will always be to get the case dismissed outright but will pursue a plea deal if it is in your best interests. Mr. Brueckner has terrific negotiating skills which he will utilize to propose alternative sentencing options such as a drug diversion program in lieu of jail or prison.
Call today to schedule a free initial consultation to learn about your legal options.
Simple Drug Charges For Possession
According to Maryland Criminal Code §5-601, it is a misdemeanor offense to be in possession of a controlled dangerous substance (CDS) or drug that has the potential for abuse. The Law Office of Richard J. Brueckner has defended individuals charged with being in possession of a wide variety of controlled substances including but not limited to:
- Methamphetamine (Crystal Meth)
- MDMA (ecstasy)
- Pharmaceutical drugs (obtained without a valid prescription) such as Oxycodone, (OxyContin, Percocet), Hydrocodone, Vicodin, fentanyl
A charge of simple possession carries a lesser potential sentence than manufacturing, distributing, or trafficking a CDS but is still very serious. The penalties associated with possession of any controlled substance includes incarceration term of up to four years along with a maximum of $25,000 in fines. To be charged with possession, the prosecutor needs to prove that you exercised control over the drug and were therefore in possession of it.
See Drug Charge Classifications in Maryland Here
Misdemeanor Marijuana Offenses
In 2014, the state of Maryland relaxed its marijuana laws slightly by decriminalizing adult possession of fewer than 10 grams of marijuana for personal use. This is now considered a civil, not criminal offense punishable by fines — up to $100 for first-time offenders, $250 for second-time offenders, and $500 for the third or subsequent offenses.
The following is a list of marijuana offenses that are deemed criminal:
- Possession of between 10 grams and less than 50 pounds of marijuana
- punishment of up to one-year imprisonment and a fine not exceeding $1,000.
- Possession of 50 pounds or more of marijuana carriers
- a punishment of a minimum of 5 years imprisonment and a fine not exceeding $100,000.
- Possession of controlled paraphernalia and marijuana,
- imprisonment not exceeding 1 year and a fine not exceeding $1,000
- Selling drug paraphernalia
- fine not exceeding $500, and for each subsequent violation, imprisonment not exceeding 2 years and a fine not exceeding $2,000.
- Delivering drug paraphernalia to a minor who is at least 3 years younger than you
- imprisonment not exceeding 8 years and a fine not exceeding $15,000
Defending a Drug Possession Charge
Richard Brueckner’s job as a drug possession lawyer is to hold a prosecutor to their responsibility of meeting
the burden of proof needed to convict you. He will examine your case and develop a compelling defense strategy that creates enough reasonable doubt to avoid a conviction or mitigate negative consequences.
- Argue Constructive vs. Actual Possession: Attorney Brueckner can attack the prosecution’s theory of how you possessed the drug. If the drugs were not found on your person when the police arrested you, he may be able to argue that the drugs were not in the area of your immediate control and therefore you were not in possession
- Dispute your knowledge of the presence of drugs: It’s possible you did not know that a controlled substance was in your presence. You may have just been at the wrong place at the wrong time.
- Not actually a controlled substance: The drugs collected from the crime scene may not be an illegal controlled substance. We may request chemical lab tests to prove that the substance wasn’t the drug the prosecution is alleging.
For more information on the ways to challenge a Drug Possession charge, see here
Get Criminal Drug Charge Defense Today
Regardless of the level of intent of the charges levied against you, a strong, experienced Drug Crimes Attorney can help you fight for your freedom and your future. Call former Prosecutor and Criminal Defense Attorney, Richard J. Brueckner today, this call may be your best opportunity to have a fighting chance: 410-430-1464