Archives for October 2021

Maryland Drug Possession Laws

What Constitutes Possession? When Does Possession Involve an Intent to Sell?

What Constitutes Possession? When Does Possession Involve an Intent to Sell?In recent weeks, there has been much controversy in Baltimore, as the city’s State Attorney, Marilyn Mosby, has dismissed approximately half of the narcotics cases brought to her, stating that she will no longer prosecute drug possession cases. The decision is a carryover from 2020, when the city sought to minimize the spread of the coronavirus in jails. Mosby stressed, however, that only cases of simple possession would be dismissed—a person who meets the criteria for possession with intent to distribute will still be prosecuted.

What Is Possession?

Under Maryland law, a person may be charged with possession for either having under his control, administering or attempting to obtain a controlled substance, unless the person has a prescription or order from an authorized provider. Furthermore, a person may still be charged with possession, even with a prescription/order, if there was:

  • Fraud, deception, misrepresentation or subterfuge’
  • Concealment of a material fact
  • Forgery or counterfeiting involving a prescription/written order
  • Use of a false name or identity

When Does Possession Rise to “Intent to Distribute”?

The distinction between possession and possession with intent to distribute is based on the quantity of the controlled substance. The quantity varies based on the specific controlled substance.

AV-Rated Frederick Criminal Defense Attorney

Attorney Jonathan Scott Smith brings more than 30 years of proven experience to criminal defendants across the Baltimore metropolitan area and throughout the state of Maryland. He has been AV-rated (the highest possible) by his fellow attorneys under Martindale-Hubbell’s Peer Review Rating System every year since 1988. Attorney Smith has also been the recipient of Martindale-Hubbell’s Client Distinction Award, bestowed upon less than 4% of all attorneys listed in Martindale-Hubbell’s directory. He’s been among the top 100 lawyers in Maryland listed by Super Lawyers, and has been honored as a Top-Rated Lawyer by The American Lawyer Magazine.

Attorney Smith brings considerable skill and experience to the defense of a wide range of criminal charges. He knows how to effectively gather, assess and preserve all evidence to support an acquittal. He has a comprehensive understanding of your constitutional rights and ensure that police and prosecutors followed all required procedures when gathering evidence or detaining you. He’ll carefully question all potential witnesses, so that he can prepare and present the most compelling arguments in your defense.

Smith has been included among the top 100 attorneys in Maryland by the National Trial Lawyers Association, a “by invitation only” professional organization. He has also earned a 10.0 (Superb rating) as a litigation attorney from AVVO, as well as AVVO’s Client’s Choice Award, with an average client review of 5 stars.

Ellicott City, Maryland Criminal Defense Attorney

Contact our office by e-mail or call 410-740-0101 for an appointment. We represent criminal defendants in Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

Baltimore on Target to Match 2020 Homicide Toll

Tally Reaches 250 with 11 Murders in One Week

Baltimore on Target to Match 2020 Homicide TollThough it’s been the focus of continued efforts by police and politicians, the Baltimore homicide rate remains basically unchanged from last year, hitting the 250 mark earlier this month. The city reported 335 homicides during 2020, a slight drop from the 348 recorded in 2019. If the murder rate remains constant for the remaining three months of the year, the city will once again top 330.

Michael Harrison, Baltimore’s Police Commissioner, supports the city’s “Group Violence Reduction Strategy,” an approach that attempts to shift some of the responsibility for the alleviation of violence to community-based organizations, lightening the load for beleaguered police officers. The city attempted to implement the strategy in 2019, but leaders say it was ineffective because there was a lack of commitment across the board. They say it has a better chance of working now, as the mayor, prosecutors and law enforcement officers are all behind it.

Proven Baltimore County Criminal Defense Lawyer

For more than three decades, attorney Jonathan Scott Smith has fought for the rights of people in Baltimore and across the state of Maryland who are under investigation for or have been charged with a crime. Super Lawyers puts him among the top 100 lawyers in Maryland and The American Lawyer Magazine named him a Top Rated Lawyer in 2012. The National Trial Lawyers Association, a “by invitation only” organization, has also identified him as one of the top 100 attorneys in Maryland.

His colleagues in the legal profession have given him an AV-rating (the highest possible) under Martindale-Hubbell’s Peer Review Rating System every year since 1988. He has also received Martindale-Hubbell’s Client Distinction Award, awarded to less than 4% of all attorneys listed there.

The American Institute of Personal Injury Attorneys has listed attorney Smith as one of the “10 Best Attorneys in the State of Maryland in Client Satisfaction.” He has a 10.0 (Superb rating) as a trial lawyer from AVVO and has earned the Client’s Choice Award from AVVO, with an average client review of 5 stars.

Attorney Smith has long been known and respected for his knowledge, skill and extensive experience when handling criminal matters. He can quickly determine whether police have violated your constitutional rights in a search, seizure or arrest. He knows how to effectively gather and preserve evidence, and has considerable experience successfully defending clients at trial.

Proven Criminal Defense Lawyer in the Greater Baltimore Area

At the law offices of Jonathan Scott Smith, we fight for the rights of criminal defendants throughout Baltimore County and the surrounding communities. Contact us online or call 410-740-0101 to arrange a meeting. We handle cases throughout Anne Arundel County, Carroll County, Frederick County, Howard County, Baltimore County, Prince George’s County and Montgomery County in Maryland.

ADDRESS :

  • Jonathan Scott Smith 10490 Little Patuxent Parkway, Suite 200 ,Columbia, MD 21044-4960

  • Call for consultation 410-740-0101