Legal Question in Criminal Law in Maryland

I was arrested for DUI while on ecstasy. Drug test was taken. I was questioned while under the influence. The questioning led to a search warrent being issued on my residence where marijuana was found. One public defender told me I should not have been questioned while another public defender told me that cops question people under the influance all the time and it does not matter. Under the recomendation of the public defender representing me I pleaded guilty and got hit with a Possesion with Intent to distribute Marijuana. This was 4 years ago and this conviction was been haunting me since.

I am told it is against the law to question people while under the influance. I feel as if that is the only reason I answered any questions was because of the side effects of the ecstasy which removes your inhabitions, fears and works a bit like a truth serum. Where my rights violated and do I have a case to get this changed?

Thank You.

The felony has been hurting me in my attempts to find a job.


Asked on 6/23/10, 7:06 pm

1 Answer from Attorneys
William Welch William L. Welch, III Attorney

Sobriety is not the issue, but whether you were in custody and advised of your Miranda rights before you answered questions is. If you are still on parole or probation, then you may petiton for postconviction relief. If not you may petition for a writ of error coram nobis. However, the $64,000 question is whether you would prevail. Filing is easy, but significant time, effort, and financial resources can be involved to investigate whether you have a vialble (provable) case.

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Answered on 6/24/10, 4:31 am


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