Legal Question in Criminal Law in Maryland

Ok, long story.. This is for a friend who goes to court tomorrow.

About a year (Sept 2008) ago my friend received a package in the mail via USPS and it contained marijuana. The local police along with the postal police showed up at her apartment with the package, she fessed up to what was in the box, she also consented to a search and the police found a small amount of marijuana in the apartment along with paraphanalia. The police seized both, and that was the last she heard about it, she was not arrested, she was also not read her rights. About 9 months later (june 2009) another package was sent to her via Fedex, the local police showed up at her door with a box in hand, this time she did not consent to the police entering her apartment, however they let themselves in and told her to sit on the couch and not move, she complied with their demand, she was asked what was in the box and she stated she didn't know what the contents were and said she was not expecting anything, According to the statement of charged that were filed it states drug dogs detected the packages both times, the first time a search warrent was not obtained to open the box that was sent USPS, the later charge a search warrent was obtained to open the package that was sent Fedex. No field test was conducted on either occasion (at least the statement of charges doesnt say so), the police also conducted a search of her house and found again a small amount of Marijuana and paraphanalia. The police did not arrest her, about a month later she received a summons on both matters. In the statement of charges it says the drugs were sent to the crime lab to be tested after the first time, however the drugs were not tested for almost 9 months when the second package was detected. She was not read her miranda rights either time, how does this effect her case since she was detained by being told to sit on the couch and not move, in the statement of charges it doesn't state anything about the charges having to do with the packages sent to her, only the drugs found in the apartment when they searched it, they also never stated the amount of marijuana that was seized from her apartment or what was sent to her. She was not able to come up with the funds for a private attorney and was too late in asking for a public defender, we are hoping the police officer doesn't show up for the trial and if he does we are hoping for a continuance so she can retain counsel. Please advise or ask if you need more information. Thank you!


Asked on 9/27/09, 9:47 pm

2 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

First of all, definitely ask for a continuance to get an attorney. Depending upon the judge, you may get one easily or you may have trouble. You should sit down with an attorney first, however, so that you can tell the judge that you have at least done SOMETHING to obtain counsel before trial.

Miranda rights issue: On the USPS box, if she made statements in a custodial interrogation admitting to the contents of the box, those statements could be suppressed. Same thing for the second case, but it doesnt sound like she made any statements.

If the statement of charges don't mention either package, the police may have a problem at trial providing a reason why they came to the home and asked to search. But even if it is not in the statement of charges, they could potentially provide that information with field notes, etc. through the discovery process and then testify to it at trial.

Really, the best way to provide details to an attorney is to sit down, allow them to review all the paperwork, and then ask specific questions. You should definitely do so before your court date.

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Answered on 10/03/09, 8:12 am
William Welch William L. Welch, III Attorney

Unless she has previously been to court and advised of her right to counsel, she will probably get a postponement to apply for the public defender or hire private counsel. If she has previously been advised of her right to counsel, and the court finds that she has waived the right by inaction, she could pray a jury trial. In many jurisdictions the delay caused by transferring the case from district court to circuit court will provide enough time to apply for the public defender. Even in jurisdictions with "instant" jury trials, she will get to make her postponement request again to the Circuit Court Judge, who will have to decide whether he or she wants to have a jury trial with a pro se defendant versus granting a postponement to get counsel.

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Answered on 10/03/09, 11:15 am


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