Controlled Dangerous Substances (CDS)

Man Chargd with Possession With Intent to Distribute Own Prescriptions

August 5, 2009 | Brian G. Thompson

Baltimore Maryland Criminal Lawyer. I blogged last week about cases in which narcotics detectives essentially manufacture felony drug cases by asking defendants caught with prescription drugs if they intended to give or share the pills with someone else and if they answered in the affirmative, charging them with possession with the intent to distribute a controlled dangerous substance (CDS). In that blog I posited the question, “are the police really looking to make progress in the war on drugs or just stat to further their own careers?” I was retained in case recently that caused me again to think the detective’s goal may be the latter.

In this case the police arrested an individual for possessing illegal prescription drugs. Instead of just charging the individual and moving on to the next case they chose to make him an informant and offer him the opportunity to “work off his charge”. I certainly don’t have a problem with what the police did up to this point. Informants are an essential investigative tool that have been used by law enforcement since the beginning of time. The problem I have is the way in which they used this informant which was to get him to set someone up who was otherwise not predisposed to sell drugs.
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Are Police Really Looking to Make Progress in the War on Drugs or Just Stats to furhter their own careers?

July 30, 2009 | Brian G. Thompson

https://www.silvermanthompson.com/lawyer-attorney-1300820.htmlAs a Maryland Criminal Lawyer/Attorney I often have cases that make me wonder what it is exactly that the police are attempting to accomplish. Are they really attempting to win the so called war on drugs or is their strategy (or lack thereof) more cynical than that? Is it just to make as many felony drug arrests as possible regardless of whether the people arrested are really involved in the actual distribution of narcotics in order to give the false impression of progress? I have had several cases recently that have reluctantly made me think that it is the latter.

I have had several cases recently that have followed a very similar pattern:
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Is Legal for to Conduct a Strip Search After Arrest on Traffic Charges?

March 10, 2009 | Brian G. Thompson

Maryland Criminal Attorney Brian Thompson successfully defends client charged with Possession with Intent to Distribute Cocaine. The issue in this case was whether or not the police can conduct a strip search on a person who is arrested for a traffic violation. In Maryland, the police have the discretion to arrest or to simply issue citations and release people who are charged with incarcerable traffic violation such as Driving Under the Influence or Impaired by Alcohol, Driving While Suspended, Driving Without Insurance, Hit and Run, etc., In most instances, so long as the person is able to be conclusively identified, the officer with cite and release
However, in cases where the police are unable to conclusively identify a person because the person does not have proper identification or in situations where the police want the excuse to search the person’s vehicle, they will arrest for these violations. My recent case falls into the latter category. Here are the facts:
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Michael Phelps Bong Photo Leads to Eight Arrests

February 10, 2009 | Steven D. Silverman

According to a Fox News report, eight people have been arrested today in South Carolina in connection with the Michael Phelps bong photo. It is being reported that seven of the people are being charged with possession of marijuana and one for dealing. One of the arrests includes a suspect who was trying to sell the infamous bong on Ebay for $100,000.00.

What is “constructive possession” of a handgun or a controlled dangerous substance?

December 4, 2008 | Brian G. Thompson

Maryland Criminal Attorney What exactly does it mean to be in “constructive possession” of contraband such as drugs or illegal weapons in Maryland? I was faced with this fairly common legal issue in a case in the District Court for Baltimore County in Catonsville this week. The facts of the case were as follows:

My client was operating a motor vehicle in the Catonsville area of Baltimore County one day this past summer. The police noted in their report that the car caught their attention because the operator was not wearing his seat belt. (I’m sure that the fact that he was a young black male had nothing to do with it). The officer’s turned around and followed the vehicle and made several other observations such as speeding and frequent lane changes. They pulled the vehicle over and identified my client as the driver and sole occupant of the vehicle. My client produced a valid driver’s license as well as the registration which confirmed that the car was registered to his father.
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BEWARE THE FEDERAL SAFETY VALVE

October 19, 2008 | Andrew C. White

Many federal criminal defense attorneys are not aware of the pitfalls of the federal safety valve provisions. Persons charged with federal drug crimes need to retain an experienced criminal attorney familiar with all aspects of federal criminal law. An inexperienced or unknowing lawyer can expose a client to catastrophic risks. Here is why.

As we are all keenly aware, the federal government’s “war on drugs” is ensnaring hundreds of people with little or no criminal records who are caught up, for a myriad of reasons, with the distribution of drugs. This can range from a person carrying cash for a friend to pay for an airline ticket, to delivering a package to another person in exchange for cash to pay the rent or feed a child. Because of very harsh federal sentencing laws, the smallest players in a drug ring often end up being the most harshly treated. Most of time this is because the leaders of drug operations very often end up cooperating against others – including those below them whose “loyalty” they often gained through fear and threats of harm. Oftentimes, those persons caught on the lowest rungs of a drug conspiracy find themselves with few alternatives because they do not have significant information to provide to federal prosecutors, who retain exclusive control over who gets cooperation departures under the federal sentencing guidelines. As a result, defendants with minor or minimal culpability in a drug operation frequently end up on the receiving end of prosecutions involving tremendously high sentencing guidelines and, more critically, large minimum mandatory sentences.

In many situations, the only relief from mandatory sentences for those with little or no criminal history is the so-called “safety valve.” Many lawyers talk about the safety valve, but very few understand what it is and what it truly entails. It is perhaps the most misunderstood and most difficult opportunity for relief from mandatory minimum sentences and the sentencing guidelines. Federal crimes lawyers who do not specialize in federal criminal defense work run the risk of harming their clients through misguided efforts to gain relief under the safety valve provision.

It is critical to remember that there are only two ways to avoid minimum mandatory sentences upon conviction for a drug trafficking or drug conspiracy offense in federal court. One way is to cooperate with law enforcement and provide “substantial assistance” in the prosecution of others under section 5K1.1 of the guidelines. The other is to seek relief under the safety valve — Section 5C1.2 of the federal sentencing guidelines. (18 U.S.C. § 3553(f)) This section allows a judge to reduce federal sentencing guidelines and ignore mandatory minimum sentences in determining punishment for eligible defendants.

But while understanding the possible benefits of relief under the safety valve is easy, becoming eligible for the relief is more difficult and fraught with peril for the unwary defendant. In fact, a failed attempt to gain “safety valve” relief can have a tremendously negative impact on a federal criminal defendant.
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Possession of Handguns and Other Weapons by Convicted Narcotics Felons

October 9, 2008 | Brian G. Thompson

Maryland Criminal Attorney – Baltimore Criminal Attorney Most people are aware that in Maryland a person who has been convicted of a violent crime or a felony may not possess handguns. People seem to be less aware of restrictions involving other weapons such as rifles, shotguns, assault weapons and antique firearms. I have blogged about this in the past and this blog is really intended to discuss possession of other weapons but I think an overview of the law on handgun possession will be helpful to the reader.

First of all, what exactly is the definition of a handgun under Maryland Law? One would think that this would be a relatively straightforward and easy question to answer. Unfortunately, that is not the case. There are two separate definitions under two of the three sections of the Maryalnd Code that criminalize handgun and firearm possession. Under Public Safety 5-101(n) a handgun is defined as a firearm with a barrel less than 16 inches. Under this section a handgun includes signal, starter and blank pistols. Under Criminal Law Section 4-201(c) a handgun is defined as a pistol revolver or other firearm capable of being concealed on the person. Under this definition a handgun includes short-barrelled rifles which is defined as a firearm having a barrel less than 16 inches or an overall length of less than 26 inches; and shotguns with a barrel less than 18 inches or an overall length of less than 26 inches. Under this definition a standard rifle, shotgun or any antique firearm is not deemed to be a handgun. Presumably this definition would also include starter pistols since they are included in the definition of a firearm under the Public Safety Article definition, but would not include signal or blank pistols as they are not included in that definition. Very confusing to say the least.
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Towson University Student Charged With Possession With Intent to Distribute Marijuana

October 1, 2008 | Brian G. Thompson

Maryland Criminal Attorney – Baltimore Criminal Attorney I was hired today to represent a freshman at Towson University who got charged with possession with the intent to distribute marijuana. It is a typical case of being in the wrong place at the wrong time as well as a clear case of overcharging by the police as I have discussed in previous blogs. Although I believe the case will work out favorably in the long run, it will certainly have some short term criminal and administrative consequences.

My client moved into the dorms at Towson University just a few weeks ago. He didn’t have any high school friends who were also attending the university so he signed up to be randomly assigned roommates. He soon learned that his new roommates were marijuana smokers who frequently smoked in the dorm room. This past Saturday that careless habit came back to haunt them because one of the RA’s apparently smelled the smoke coming from their room and called the police.
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Overcharging in Baltimore County Narcotics Case – A Common Practice

September 25, 2008 | Brian G. Thompson

Maryland Criminal Attorney – Baltimore Criminal Attorney I represented a client today on a possession with intent to distribute a controlled dangerous substance case today in the Circuit Court for Baltimore County. In this case the particular substance was amphetamines and the case presents a good example of how many narcotics detectives overcharge certain cases – presumably to inflate their own felony arrest statistics.

In this case the client was pulled over for a routine traffic offense. The officer claimed, as they frequently do, that he smelled the odor of burning marijuana coming from the car. (The Court of Appeals ruled approximately 15 years ago that the smell of marijuana alone constitutes probable cause. As one might imagine after that ruling was handing down, police officers across Maryland began to smell marijuana on car stops with increasing frequency). The officer ordered my client out of the car and commenced a search of the vehicle. Inside the vehicle the officer found a small amount of cocaine and two percocets, which for anyone who doesn’t know, is a prescription narcotic. He arrested my client and charged him with possession of a controlled dangerous substance.
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Online Prescribing of Controlled Substances

September 25, 2008 | Steven D. Silverman

Our firm has represented both doctors and and Web sites who are under investigation or have been charged with prescribing controlled substances via the Web.

The growing number of Web sites that offer consumers the opportunity to obtain prescription medications pursuant to an online medical consultation have been attracting considerable regulatory scrutiny from state and federal health officials.

For example, in Illinois, the Department of Professional Regulation suspended the license of Dr. Robert Filice for prescribing Viagra via an Internet pharmacy for patients he had never seen. Dr. Filice was working as a consultant for The Pill Box, a San Antonio, Texas-based pharmacy chain that sells online. The state suspended Dr. Filice’s license immediately because it determined his actions put people in danger. The agency later reinstated his license when he admitted that his conduct was “unprofessional.” The physician was fined $1,000, put on a two-year probation, and ordered to not prescribe medication to patients without personally interviewing and examining them.

Patients who wanted a prescription drug like Viagra logged onto The Pill Box’s site and filled out a health questionnaire. The completed form went to the company’s medical consultants, including Dr. Filice, who would reviewed the forms, and, if he found no health conditions that would preclude him from prescribing the drug, he would write a prescription for the drug, which the Pill Box would fill.

Many state legislators have passed or are considering bills to regulate online and mail-order pharmacies that sell products in the state. The laws would require Internet pharmacies to register with the state annually.

Recent enforcement actions in several other states highlighted below are indicative of this increased scrutiny at the state level:

• In Washington, the Board of Health fined an orthopedic surgeon $500 for engaging in “unprofessional conduct” by writing Viagra prescriptions for patients without performing a physical examination.

• In California, state regulators recently shut down two web sites-www.drpropecia.com and www.deyarmanmedical.com.com-run by a San Diego osteopath who was using the Web to prescribe baldness treatments without performing a traditional medical examination. The state is likely to fine the doctor, who has been practicing medicine for nearly a quarter-century, and could take away his license.

• In Kansas, the Attorney General on June 9 filed civil petitions alleging violations of consumer protection laws against seven companies that were selling prescription-only medications, including Viagra and weight-loss drugs, over the Internet. The Attorney General alleged that the companies violated a variety of state laws. Primarily, the alleged misdeeds stem from the distribution of prescription drugs by a doctor or pharmacist who was not licensed in the state. The state went after not only the sites that prescribe the medications, but also three pharmacies that filled the prescriptions. One of the suits alleges that Viagra was illegally dispensed to a 16-year old boy using his mother’s credit card. If found liable, the companies could face penalties of $5,000 to $10,000 per violation.
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Drug Asset Forfeiture under Maryland State Law – A Discussion By A Baltimore Criminal Attorney

August 26, 2008 | Brian G. Thompson

As a Maryland Criminal Attorney I am often confronted with cases in which a person is charged with possession with the intent to distribute cocaine, heroin, marijuana or some other controlled dangerous substance (CDS) or even simple misdemeanor possession of CDS, where in addition to being charged criminally, the police also seize the person’s property, usually automobiles, weapons and/or currency pursuant to the drug asset forfeiture laws. Most people are surprised to learn that, unlike in a criminal case where the State has the burden of proving beyond a reasonable doubt that a person is guilty of the offenses with which he is charged, under drug asset forfeiture law, once property or money is seized by the police pursuant to a narcotics arrest or even a narcotics investigation, it is presumed that the property or money is subject to forfeiture and the owner bears the burden of proving otherwise. Not only that but the government maintains possession of the asset throughout what can be a long and expensive legal battle to have the property or money returned.

I was retained yesterday in a case in Baltimore County Maryland District Court that is troubling to me as a Maryland Criminal Attorney and as a citizen of this state on several levels. The facts are that an anonymous caller contacted 911 and advised that he had just witnessed two black males try to rob a white male (my client) as he attempted to enter his apartment. The caller went on to say that the black males beat the white male with a handgun and that during the scuffle one of the black males was knocked down the steps. The caller went on to say that during the scuffle, a bag of marijuana had fallen from one of the three men’s pocket and had spilled down the steps and on the ground. He noted to 911 that as they spoke the white male was sweeping the marijuana up.
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Update of Possession with Intent to Distribute Marijuana Case involving Confidential Informant

August 13, 2008 | Brian G. Thompson

Maryland Criminal Attorney Last month I blogged about a Possession with Intent to Distribute Marijuana Case that I was handling in the Circuit Court for Baltimore City that involved a Confidential Informant. I wrote that in many cases involving the Possession with Intent to Distribute Marijuana, Cocaine, Heroin or other controlled dangerous substances, the police have utilized a confidential informant known in the street vernacular as a snitch. In the case I was handling I believed that I could force the disclosure of the informant’s identity because I believed that the person may have been the brother of the person whom my client was with when he was arrested. I filed a written motion based on the facts as laid out in the statement of charges. Unfortunately, a Criminal Defense Attorney never really knows what the facts will be in their entirety until the police officers get on the stand and testify because they invariably add facts that were not in the charging document. This makes it somewhat difficult to prepare for these cases because, again the attorney doesn’t know the complete factual scenario until the court date when the motion has to be argued. As a reminder, the facts as laid out in the statement of charges is a follows:
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Mandatory Sentences in Maryland for Possession with Intent to Distribute Controlled Dangerous Substance Offenses

July 21, 2008 | Brian G. Thompson

As an experienced and aggressive Maryland Criminal Attorney I regularly represent defendants in Baltimore County, Baltimore City, Anne Arundel County and throughout the State of Maryland who are charged with violating state laws criminalizing the manufacture of controlled dangerous substances (CDS), distribution of CDS or with possessing these substances in sufficient quantities and/or under certain circumstances which would lead to conclusion that the defendant possessed the substance with the intent to distribute it. The CDS’s mostly commonly involved in these cases in Maryland are cocaine, heroin and marijuana although an increasingly large percentage of these cases involve prescription pain killers such as Percocet, Oxycontin, Hydrocodone and others. A small percentage of cases involve so called “club drugs” such as MDNA also known as ecstasy, ketamine and others. Occasionally a Maryland criminal lawyer will run into a case involving PCP or methamphetamines.

Under certain circumstances, individuals charged with violating these Maryland laws, primarily dealing with schedule 2 and 3 narcotics as well as marijuana, are subject to mandatory prison terms that may not be suspended and must be served without parole.
In Maryland there are two classifications of offenders who qualify for mandatory prison terms. The first involves defendants who have been previously convicted of distribution or possession with the intent to distribute CDS. These defendants are commonly termed repeat offenders or subsequent offenders. The second classification deals with defendants who are charged with possessing large quantities of CDS, so called “weight counts” and situations where in addition to possessing large amounts of CDS, the defendant is charged with being an organizer or leader of a particular drug organization; so called “kingpins”.
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Possession of Controlled Dangerous Substances and Confidential Informants

July 15, 2008 | Brian G. Thompson

Maryand Criminal Attorneys or Criminal Lawyers in Baltimore and around the State deal with a high volume of cases involving the possession of controlled dangerous substance (CDS) such as cocaine, heroin, marijuana, ecstasy, methamphetamine, etc., and cases dealing with possession with intent to distribute these substances. Confidential informants are one of the primary sources of information for narcotics detectives and are regularly utilized by them in narcotics investigations. In some instances the informants are registered and paid, in others they are facing charges themselves and are seeking leniency with the authorities also known as “working off their charge”. Other informants are simply concerned citizens who are reporting criminal activity but are unwilling to testify in open court. Typically in these investigations, narcotics detectives will use information provided by the confidential informant either to secure a search warrant for a particular place or to establish probable cause to stop a particular individual, usually in the context of a car stop. These warrantless encounters are more frequently litigated than are cases involving warrants. The reason for this is that searches based upon warrants that are duly signed by a judge or magistrate are afforded a presumption of reasonableness. In challenging a search warrant the defense attorney has to get over the additional hump that is the “Leon” good faith exception. The good faith exception basically states that even if the probable cause for a search warrant is found to be deficient or some of the information contained in the statement of probable cause is found to be incorrect, the court will still uphold the constitutional validity of the search so long as the police officers acted in good faith. In other words a defense attorney basically has to show that either the police intentionally lied in order to get the warrant or that the warrant application is so completely devoid of probable cause that no police officer acting in good faith could have believed it to be sufficient. Obviously, this is a very difficult standard.
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Confidential Informants – When the Government must disclose their identity?

July 15, 2008 | Brian G. Thompson

For a Maryland Criminal Attorney it is imperative to understand the law regarding the use of confidential informants by police and prosecutors. There are generally two issues when dealing with confidential informants: The first issue is does the confidential informant provide sufficiently detailed information about which he or she can demonstrate a basis of knowledge to justify probable cause for a search or at least reasonable articulable suspicion for an investigatory stop. The second issue is whether or not the government must disclose the identity of the informant. I will discuss this second issue in this blog and leave the first issue for another day. The issue of whether or not the government must disclose the identity of the confidential informant issue turns on whether the informant is a “mere tipster” or an actually participant in the transaction. I have a case that I am currently working on where I intend to request the disclosure of the identity of the confidential informant. Here is my memorandum of law in support of that motion. I have deleted the last names and other identifying information of the participants including my client for privacy reasons.
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