Legal Question in Criminal Law in Maryland

I was arrested for less than 1 gram of marijuana and paraphenalia while driving home from work in Maryland. I spoke with a lawyer today and was told that it will be heard in a "federal court which makes things more complicated." My question is why is my case being held in a federal court instead of state? Also what kind of sentencing should I prepare for? I have no previous charges, and a clean record.


Asked on 3/15/10, 6:53 pm

3 Answers from Attorneys

Jason Cleckner Law Office of Jason Cleckner, LLC

Because you were on federally controlled land, probably BW Parkway. I would have to look at your case to see if there's any chance of dismissal, and see which judge to determine possible outcome.

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Answered on 3/20/10, 8:13 pm
William Welch William L. Welch, III Attorney

If you were on federal property, then the case would go to federal instead of state court. There are many differences between the two court systems, and they are too many to list. The first question ought to be whether the prosecution can prove that you were on federal property.

I offer a free initial consultation.

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Answered on 3/21/10, 8:03 am
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Likely your issue relates to the exact area in which you were apprehended. This being said, the larger issue is whether there was a basis to stop you in the first place as well as for the search. You should acquire legal representation promptly as there are matters beyond the exact place where you are charged with possession.

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Answered on 3/22/10, 9:33 pm


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