Legal Question in Criminal Law in Maryland

If the police stop you on the street, search you saying they are looking for a gun but instead find drugs and they tell you that you have three weeks to turn yourself in but a warrant is issued can they use that search against you and if you are convicted and it is your first offense how long can you be sent to jail?


Asked on 3/31/10, 11:32 am

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

Whether the evidence police seized is admissible against you depends on whether the state can persuade the court that the police lawfully seized the drugs. The maximum penalty depends on whether the state alleges distribution or the intent to distribute, and it depends on the substance. The Maryland Sentencing Guidelines prescribe probation to two years for distribution.

However, the court may impose up to the statutory maximum, which is twenty years for cocaine and heroin distribution (possession is 4y), and which is five years for marijuana distribution (possession is 1y). Too many factors to list affect the state's recommendation and what the court ultimately does.

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Answered on 4/05/10, 1:21 pm


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