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Marijuana Possession Case Leads to Humorous Appeals Court Opinion

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A Baltimore man who was sentenced to 60 days in jail on a marijuana possession charge lost his appeal in the Maryland Court of Appeals. A Baltimore Sun crime blog entry exposes the humorous wording of the official opinion of the court, who mentioned the appellate as acting “groovy” and even cited the classic marijuana comedies of Cheech & Chong.
The man’s conviction was upheld as the court determined his proximity and “groovy” attitude was enough to establish possession of the marijuana blunt burning in the ashtray upon police entry into the home. Apparently he maintained his laid-back attitude when the cops busted in.
Cheech and ChongIn the footnotes of the opinion, the court took the time to explain exactly who Cheech & Chong were so as not to lose anyone in the reference to them. A brief career summary was provided for the duo looking more like a bio found on IMDB than a state appeals court opinion.
The court also provided a paragraph definition of “blunt”, again to ensure anyone reading the opinion would be able to follow along. The footnotes read, “A police witness testified that to create a blunt the smoker obtains a legitimate cigar, removes the tobacco, and substitutes marijuana for the tobacco. The smoker then rolls the wrapper and the marijuana back into the shape of a cigar and lights up.”
Court opinions rarely offer insight into pop culture and even more rarely hint on the verge of humor. While the appellate who lost his case likely isn’t laughing, those in the legal community can see humor in this unusually written opinion.
Laughter aside, however, it’s a good example of the legal definition of “possession”. You don’t have to have a marijuana cigarette in your hands, your pockets, or even touching you to be found in possession. Your proximity, which allows you to reach out and control the item, is often enough to charge you.
Whether you’re talking about pot, another drug, or even a weapon, possession doesn’t always mean physical possession. “Constructive possession” is a legal term used to describe exactly this situation. It refers to you having knowledge of the drug’s presence and the ability to maintain control over it.
So, while the drugs may not have been in your hands, you can still be charged and potentially convicted of possession.

Violent Crime Down but still High in Baltimore

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The Associated Press reports this week that violent crime is down in the city known as the setting for gritty dramas like Homicide and The Wire. But despite these drops, the Baltimore is still high when compared with other cities of similar sizes. Officials are questioning whether new policing techniques may be positively impacting the violence.

This report details how 10 years ago cops would have broken up any illegal activity they believed was going on in their presence. Now, they’re more selective, focusing on quality, not quantity of arrests.

Police Commissioner Frederick H. Bealefeld III is quoted as saying he isn’t trying “to win the drug war”, but rather “the war on violence.” By focusing their efforts on some of the more notorious violent offenders in the city, the police claim they have been able to keep violence down to levels not seen in over 20 years.

In addition to going after the “regular suspects”, police are serving warrants on people with violent pasts quicker than before—even if the warrant is for a nonviolent charge. The city has also developed a gun offender registry, similar to the one in NYC requiring people with gun convictions to register their address.

While the police may drive by a known drug dealer on the corner, this doesn’t mean drug offenses are allowed to run rampant. Arrests for drug crimes are still a fact of everyday life in Baltimore too.

Another change that has gone with the decrease in crime, is an increase in successful convictions on the part of the prosecutor. Because crime is lower, the cases being referred to the DA are better, making dropped charges less and less common. This should be a top concern if you are facing criminal charges today.

If you are facing charges in Maryland, you need to discuss the details of your crime with a defense attorney. Contact me today to talk about the circumstances surrounding the charges against you and what you can do.

Former County Prosecutor Facing Carjacking and Armed Robbery Charges

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Isaiah Dixon III, a former Baltimore County Prosecutor is being held on charges of carjacking and armed robbery. According to the Baltimore Sun, at last check, Dixon was being held at the Baltimore County Detention Center, in what is an unexpected view for him, from the other side of the bars.

Dixon is accused of taking a 2009 Honda Accord from its 31 year old female owner earlier in the week. The robbery happened on Smith Avenue outside of Shoppers Food & Pharmacy. Dixon allegedly used a knife and threatened the woman, who handed over her keys. When Dixon was pulled over later in the day on Belle Avenue, he ran from the car but was apprehended and arrested.

This isn’t Dixon’s first run in with the law. As a matter of fact, proceedings to remove him from the bar are currently underway. Dixon, who practices out of Towson, is said to have taken on new clients as late as July of last year, even after he was notified of the complaints against him.
Thos complaints originate with Dixon’s past drug issues and this current incident causes one to wonder if those issues are, in fact, in the past.

A drug problem can cause people to do things completely out of character. A once highly respected professional man can turn down a path of self destruction and crime when addiction is in the picture.

While drugs aren’t a valid defense in the criminal courts, the courts do occasionally provide resources for people who are accused of crimes related to drug addiction. This is especially true for cases involving possession of a controlled substances or possession of marijuana.

If you find yourself facing criminal charges and aren’t sure what options you have, a consultation with a defense attorney is in order. Together we can take a look at your case and determine the best course of action.

Whether you are up against charges of drug possession or even theft, misdemeanor or felony charges, I may be able to help. Call me today for a consultation.

Baltimore’s Largest Cocaine Bust Ends In Plea Deal

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Trenell D. Murphy is expected to plead guilty to drug dealing charges in a case that marked the Baltimore Police Department’s largest cocaine bust ever. The details of the plea aren’t known at this time but the defendant’s change of heart came after a federal drug rejected his attorney’s motion to suppress drug evidence found the day of the arrest.

On the day in which officer’s served an arrest warrant at the home of the defendant, they found just under 2 pounds of cocaine hidden in a dog house guarded by pit bulls. The real mother load, however, was found in a truck parked outside the home.

Murphy’s attorney requested the 41 kilograms of cocaine found under the cover on the truck bed be suppressed because the police found the cocaine before they had a warrant for the truck. The judge had to determine if looking under the cover and seeing the cocaine was a legal search.
Chief Judge Benson E. Legg found that the search of the truck bed was legal despite there being no warrant because the truck had previously been involved in a drug transporting crime. This, he said, gave officers the right to peer under the covered truck bed.

Immediately following, Murphy withdrew his request for a jury trial and the prosecution stated there would be a new arraignment. This is a sign of the pending plea.

The vast majority of criminal cases end in plea bargains. These can occur for a variety of reasons. In this case it seems that Murphy felt a jury would convict him on the serious drug charges since he was unable to get the massive amount of evidence suppressed.

In other cases a plea bargain may be struck up because the prosecution doesn’t have sufficient evidence to get a conviction on the more serious charges. Whatever the reason, a plea bargain is an agreement where the defendant agrees to plead guilty to charges that are less serious than the original ones or on the promise that the prosecution will make a lenient sentencing recommendation to the judge.

Plea bargains are appropriate in many cases. If you want me to take a look at your case and give you a consultation, we can discuss if a plea agreement may be the right move for you as well. Call me today to discuss the details of your case.

Baltimore Drug Trends Changing

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Baltimore Sun Crime Beat writer Peter Herman posted an interesting piece about the changing face of the Baltimore drug trade this week, pointing out several changes and trends in the city and surrounding areas. How drugs are moved, what they cost, and how they are prepared for sale is all changing.

How drugs are moved into the state and from overseas into the country is changing dramatically. Whether coming from Atlanta or Pakistan, drugs are more frequently being sent through the mail. This method allows traffickers to track their packages online and refuse delivery if a hold up flags them to possible law enforcement interference.

Drug dealers are outsourcing their work. What this means is the dealers aren’t doing the dirty work anymore. They are paying people to prep the drugs for sale. More hands in the pot but less work for the dealer to worry about.

The drug business is lucrative. There is a reason that so many people turn to dealing drugs in inner cities where demand is often higher. The reason: it pays and it pays well.

According to the Baltimore Sun article, Mayor Dixon estimated that dealers on Pennsylvania Avenue bring in over $10 million per year. True some of them get caught and some of them are too low on the totem pole to see the big dollars but the numbers are staggering.

Dealing drugs or being around large quantities of controlled substances has major risks. One wrong deal and you could be looking at a 20 years behind bars. That’s right, if you are charged with possession with intent to distribute a Schedule I or II drug like heroin or cocaine, you will face up to 20 years in prison and fines reaching $25,000.

Luckily, most drug charges aren’t this serious. In fact, more people are charged with simple possession than with possession with intent. Regardless, if you are facing any drug charge you want an aggressive hard working defense attorney on your side. Call our attorneys today to discuss the best way to handle your case.

Maryland Appeals Court Rules in Favor of Convicted Drug Offender

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In criminal law cases, legal procedure is crucial in ensuring justice is applied according to the Constitution and laws of the land. When Kyeron Michael Church was arrested, tried, and convicted of drug charges and sentenced to 10 years in prison, there were some questions left unanswered about the case against him.

In particular, Church’s attorney argued that he had a right to know the location of the police surveillance that helped to convict him. At trial, the prosecution claimed they didn’t have to reveal this due to a surveillance location privilege.

This report from the Daily Record states the Court of Appeals found in a 4-3 decision that the prosecution didn’t have reason to withhold the requested information and that although such a privilege does exist, it wasn’t applicable in Church’s case.

What does this mean for Church? It means the lower court will now hold a hearing to determine if there is additional evidence that makes the privilege applicable. If the court finds there is, they will give weight to this evidence as well as weight to Church’s reasons for requesting the location. If not, the state will likely divulge the location.

The lower court will ultimately determine again if the location must be revealed. They are trying to determine if disclosing the location could place anyone in danger. Unless the location is still being used as for covert surveillance, Church’s attorney argues, there is no reason to withhold it.

Opinions like this can be confusing and downright frustrating for all parties. However, they are there to ensure that defendants in the American legal system are protected at every step of the game. If you are charged with a drug offense and facing 10 years in prison like Church, I can bet you would want no rock left unturned when it came to your defense.

Knowing the ins and outs of legal procedure is the responsibility of an experienced criminal defense attorney. Whether you are facing charges of felony drug possession or DUI, you want to be confident in your choice of attorney.

No More Good Time Credit for Maryland Inmates?

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While budget crunches have some states releasing inmates early to relieve the pressure, Maryland is considering a proposal to limit the amount of “good time” an inmate can earn, causing them to serve more of their actual prison sentence. The Maryland legislature is considering lengthening prison terms after a few notable cases of violence committed by parolees or recently released inmates.

Good time and other programs like it vary from state to state. Basically, people serving time in state institutions can earn credits that shorten the length of time they spend behind bars. Things like education, employment while incarcerated, good behavior, and counseling all have the potential to earn inmates time off of their sentence.

According to supporters of programs like this, it encourages good behavior within the walls of state institutions and keeps inmates working towards self-betterment. According to opponents, it undermines the justice of a prison sentence and gives offenders a break they don’t deserve.
One story cited here in the Washington Post points out a specific offender, Shawn Henderson, who was released early from prison for good behavior, and murdered a young woman outside of her apartment building. The victim’s family will speak to the legislature in hopes of putting an end to early releases.

Money is never a good justification for putting other lives at risk. However, there are some very clear benefits to using programs like good time credits in prisons. They have the potential to encourage rehabilitation in a prison setting that isn’t always conducive to reform. But, it is obvious from the Henderson case that not all inmates released early continue to do well once outside of the prison walls.

Many people serving time behind the walls of Maryland State Prisons or even county jails recognize their crimes as a huge mistake. Only a small percentage of offenders are cold blooded killers. For those people who are facing years of prison due to drug addiction or multiple DUI’s, a program like this can truly help them get back on the right track.

When facing criminal charges that could land you in jail, you have every right to be nervous and wonder if your sentence will be affected by this new legislation being considered by the state. If you are up against criminal charges and not sure where to turn, contact me today for a consultation on your case.

Baltimore Gang Members Attempt to Go Straight With the Help of Others

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With all of the discouraging news on television and even online, it’s good to see young people reaching out to one another and pulling each other up. It’s especially exciting when these young people have turned from a life of gangs and violence, drugs and death.

The Rose Street Community Center sponsors many youth meetings to reach out to these people who are seeking guidance but may have never had anyone looking back at them before. They are finding a community of like-minded and goal oriented young men at this community center. Men who have been down the same paths to realize that those paths were leading nowhere productive.

As this article from the Baltimore Sun details, people like “Black” are doing their part to help other young gang members and people who have fallen through the cracks. With a number of new federal grants coming their way and support from the majority of the city, programs like these are making great strides.

Too many young people are inducted into gang life at a young age. Children are recruited as young as 11 years old to begin a life of gang banging and drug dealing. Needless to say, these young people typically don’t make it through high school and seldom end up holding steady, legal jobs.
These young people don’t typically have people reaching back to assist them. With programs like the one at Rose Street, young Bloods, Crips, and other gang members are given a second chance to get their GED, start a business, get a job, and leave gangs and drugs behind.

Innovative thinking that can only come from people who have been there and done that is leading these people down the right path for a change. With seemingly unorthodox rewards like a trip to Six Flags, gangs are learning that going straight can have its benefits, that having a flashy car is perhaps less important that having good credit or a home.

Often, young men like these don’t realize the error of their ways until it is too late and they are facing years behind bars. Once involved in the justice system, it becomes even more difficult for someone to get out. But, as this article shows and as the counselors at Rose Street tell their clients, it is possible.

If you have gone down the wrong path and are now facing criminal charges, you may be rethinking your lifestyle as well. The right defense attorney can assist you as you wade your way through the court process.

If you made a mistake and want to change your life around or if you just need some legal advice about some charges you are facing, contact our office today.

Non resident penalties for buying drugs in Baltimore?

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The Baltimore City Council is proposing a $1000 fine for non-city residents who purchase illegal drugs within the city. The fine would be in addition to any criminal charges.

This unusual penalty is an effort to pay for the drug enforcement costs due to county & out-of-town drug users who travel to Baltimore to participate in the city’s significant drug trade marketplace. Police officers would issue the additional citation when confirming the residence of the person arrested for drug possession/drug purchasing.

Attorneys note that there may be significant constitutional issues with this ordinance. It may be illegal to treat residents and non-residents differently for the same criminal charge. It is also not likely to effectively fight the drug trade.

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If you are charged with drug possession in Maryland, please contact us for a criminal defense legal case evaluation.