CDS Possession Charge in Maryland | Criminal Lawyer

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Maryland Decriminalizes Marijuana, Cuts into Criminal Defense Attorney Businesses

On October 1^st, several new laws took effect in Maryland. The most newsworthy change is making possession of less than 10 grams of marijuana punishable by a civil citation rather than a criminal penalty. Under the new law, fines range from $100 for a first offense to $500 for a third offense. The change does not mean that marijuana is legalized in Maryland, it just means that possessing less than 10 grams results in a citation and no criminal charges.

The interesting thing to look at now will be the effect on criminal defense attorneys. Before the change, people knew they needed a lawyer to help them fight a marijuana possession charge. However, now people will likely think they will not need a criminal attorney because they can take care of the citation on their own. Thus, many defense attorneys believe that this law change will substantially cut down business on marijuana possession cases.

Like every new law, there are potential issues and loopholes that people should be aware of. For example, possession of paraphernalia is still a criminal offense punishable up to one year in jail and a $1,000 fine. Another issue could be the impact the new law has on defendants' Fourth Amendment rights against unlawful searches and seizures. Police are allowed to issue citations for probable cause if they believe a person has less than 10 grams of marijuana. There is a potential for a tremendous amount of challenges to searches. One final issue is whether a citation for marijuana possession under 10 grams would be considered a probation violation. New marijuana citations are akin to speeding tickets, which are not considered violations of probation. However, it would appear that marijuana citations could still be considered a violation of probation because marijuana is still an illegal drug and most probation contracts prohibit use of illegal drugs.

It will certainly be interesting to see the effect the new law has on criminal defense attorneys and whether any changes are made to this law or related laws.

If you or a family member has been charged with a criminal drug act and would like a free legal consultation please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com

Silver, Spring Maryland Criminal Defense Attorney | Maryland Robbery Laws

The FBI and the Metropolitan Police Department are looking for a suspect in connection with five separate bank robberies in the DC metro area.

According to a news release from the FBI, the man attempted to rob the Wells Fargo bank in the 3200 block of Pennsylvania Avenue SE around 12:30 p.m. Friday.

Later that day, he attempted to rob another Wells Fargo, this time in 1st Street NE. Minutes later, the FBI said he robbed a TD Bank in the 1200 block of 1st Street NE.

Officials say the same man is wanted in connection with a June 6 bank robbery, as well as an attempted bank robbery June 7. 

Authorities are offering a $5,000 award for information that leads to this man's arrest.

If you have any information about any of the robberies, please contact the FBI at 202-278-2000 or call the Metropolitan Police Department at 202-727-9099.

Maryland Robbery Laws

Maryland courts have adopted the common law definition of robbery. The common law defines robbery is, "the felonious taking and carrying away of the personal property of another from his person by the use of violence or by putting in fear." Under Maryland law, robbery is the taking of someone else's rightful property through force or through the threat of force. As a violent crime, robbery is prosecuted as a felony. The penalties for robbery in Maryland depend on the circumstances of the crime.

• Robbery - taking the victim's money or property through force or threat of force; maximum sentence of 15 years in prison.


• Armed Robbery - using a weapon (gun, knife, or other item that can be used as a weapon) to perpetrate a robbery; maximum sentence of 20 years in prison. Even if you only claim to have a weapon in your possession, your conviction could result in up to 20 years. Yes, an empty threat of a gun is enough to elevate the sentence.


• Carjacking - stealing a person's vehicle through means of force, threat of force, or weapon; maximum sentence of 30 years in prison.

A robbery conviction can lead to decades behind bars. Upon release, a convicted felon faces numerous restrictions, including prohibition from owning a firearm, lengthy probation, and limitation of employment and housing options. A felony conviction carries negative ramifications that can last a lifetime. 

You have rights and it is your attorney's job to help protect those rights throughout the criminal process. If you are charged with a robbery offense or carjacking, call the law offices of Portner & Shure today to discuss the details of your case and how we might be able to help. No criminal defense lawyer can guarantee results, but we can guarantee to fight tirelessly on your behalf. Our highly-experienced attorneys will be able to help you analyze your case and the evidence against you to determine what steps to take in mitigating the impact of the charges on your life.

Rockville, Maryland Criminal Defense Attorney | Are Criminal Defendants Under Too Much Pressure to Plea?

When a person has their head under water, they struggle against the force and will do anything to come up for air. For criminal defendants a plea deal can seem like they are gasping for air and the force they struggle against is their own attorney.

Attorneys are required to protect the rights of their clients, including the right to go to trial. Attorneys are required to listen to their clients and allow their clients to participate in their own defense. While an attorney can certainly advise their clients of the pitfalls of a trial and conviction, they must allow the voice of their clients to be heard and recognize their clients' choice to go to trial.

Very often attorneys meet their client, review the charging documents and then advise their client that they will plead the case out. That approach may infringe upon the rights of the accused. The criminal defendant has the absolutely right to stand trial. Certainly, an attorney should consider all factors such as a defendant's prior criminal record and the nature of the crime, and then advise their clients of the best course of action, including a plea deal, if appropriate.

Plea agreements are an invaluable asset in the criminal justice world. They can be used to scale back the amount of time in jail that a Defendant is facing, if convicted. However, a lawyer should also advise clients of their right to stand trial. Attorneys should review all of the evidence and discuss strategy with their clients before attempting to make plea agreements.

At Portner & Shure, P.A. our success with criminal cases is in reviewing all of the details, all of the evidence, and then making a decision as to whether our clients should stand trial, or consider a plea agreement. Portner & Shure counsels its clients on all options and the consequence of each option. More importantly, Portner & Shure allows our clients to be a part of the defense team and is not afraid to try a case.

Gaithersburg, Maryland Criminal Defense Attorney | Maryland Man Charged With Hiring Hitman To Kill His Fourth Ex-Wife

A 37-year-old Gaithersburg man is accused of ordering a $1,000 hit on his fourth ex-wife, Montgomery County Police say. Perhaps, the fact it was his fourth ex-wife was a clue in itself.

Detectives say they received information last Tuesday Ndokey P. Enow wanted to hire someone to kill his ex-wife. An undercover Montgomery County Police officer posing as a hitman met with Enow at Four Corners in Silver Spring several days later, offering his services to Enow for $1,000.

Enow then showed the "hitman" photos of his wife and where she lived. Just after the meeting concluded, Enow was arrested and charged with solicitation to commit first-degree murder and attempted first-degree murder.

Enow confessed to the crime during police questioning. He is being held without bond.

The law in Maryland is that an attempted crime occurs when the defendant takes a substantial step, beyond mere preparation, toward the commission of the crime and that they intend to commit that crime. A defendant cannot be charged with both an attempt to commit a crime and the actual crime itself because by definition an attempt means that the person tried but was not successful in carrying out the criminal act. In Maryland, the maximum punishment for an attempt cannot exceed that of the punishment for the underlying offense.

Attempted murder in the first-degree is covered by Maryland Criminal Law Code § 2-205. According to this code, any individual who attempts to commit first-degree murder can be found guilty of a felony. The associated penalty is imprisonment of up to life.

Maryland Criminal Defense Attorney | Arrested for Drug Possession with Intent to Distribute in Maryland?

The distribution, importation, and sale of drugs are among the most heavily penalized drug offenses in Maryland.

Under Maryland Code Section 5-602, it is illegal for a person, other than an authorized dispenser (i.e., pharmacy), to (1) distribute or sell a controlled substance, or (2) possess a controlled substance in a sufficient quantity to reasonably indicate an intent to distribute the substance. 

Under Section 5-603, it is also illegal for a person to manufacture a controlled substance, or manufacture, distribute, or possess devices that are adapted to produce a controlled substance under circumstances that reasonably indicate an intent to sell, produce, or distribute a controlled substance. 

In Maryland, Controlled Dangerous Substances (CDS) are drugs that have been regulated under the Controlled Substances Act (CSA) and have been divided into five "schedules." These schedules are classified by how hazardous the substance is, whether it is used in accepted medical treatments, the potential for abuse, and the likelihood that it could cause addiction or dependence.

Schedule I Controlled Dangerous Substances have a high potential for abuse, are generally considered unsafe, and have no current medically accepted use in treatment. These substances include: heroin; lysergic acid diethylamide (LSD); marijuana (cannabis); peyote (cactus which contains mescaline); methaqualone; and 3,4-methylenedioxymethamphetamine (ecstasy).

Schedule II Controlled Dangerous Substances also have a strong potential for abuse, but, unlike Schedule I drugs, they have been used for medical treatment. However, abuse of Schedule II drugs can sometimes lead to a psychological or physical dependence. These substances include: narcotics such as: morphine; opium; hydromorphone (Dilaudid); methadone (Dolophine); meperidine (Demerol); oxycodone (OxyContin); fentanyl (Sublimaze/Duragesic); and stimulants such as: cocaine; phencyclidine (PCP); amobarbital; glutethimide; pentobarbital; amphetamine (Dexedrine/Adderall); methamphetamine (Desoxyn); and methylphenidate (Ritalin).

Schedule III Controlled Dangerous Substances have a lower potential for abuse, have been used in medical treatment, and can lead to a low or moderate physical dependence, but a high psychological dependence. These substances include: benzphetamine (Didrex); phendimetrazine; ketamine; anabolic steroids such as oxandrolone (Oxandrin); codeine or hydrocodone with aspirin (Tylenol 3); and buprenorphine products (Suboxone and Subutex).

Schedule IV Controlled Dangerous Substances have a relatively low potential for abuse, are used in medical treatment, and can lead to a limited physical or psychological dependence. These substances include: propoxyphene (Darvon and Darvocet-N 100); alprazolam (Xanax); clonazepam (Klonopin); clorazepate (Tranxene); diazepam (Valium); lorazepam (Ativan); midazolam (Versed); temazepam (Restoril); and triazolam (Halcion).

Schedule V Controlled Dangerous Substances have a very low potential for abuse, are commonly used for medical treatment, and can lead to very limited physical or psychological dependence. These substances typically include cough medicines that contain no more than 200 milligrams of codeine (Robitussin AC and Phenergan with Codeine).

Under Maryland Code Section 5-608(a), if an individual violates either of the preceding sections (distribution/possession with intent to distribute or manufacturing with intent to distribute) with a Schedule I or Schedule II narcotic, then that individual is guilty of a felony and faces penalties of up to 20 years in prison and / or a fine of up to $25,000. 

Schedule I or II Drugs

Under Section 5-608(b)(1), if an individual violates such sections a second time involving Schedule I or Schedule II controlled substances, that individual is guilty of a felony and faces penalties of 10 to 20 years in prison and a fine of up to $100,000.

Under Section 5-608(c)(1), if an individual violates these sections a third time involving one or more Schedule I or Schedule II controlled substances, that individual is guilty of a felony and faces penalties of a mandatory minimum 25-year prison sentence and fine of up to $100,000.

Under Section 5-608(d)(1), if an individual violates these sections a fourth time involving Schedule I or Schedule II narcotics, that individual is guilty of a felony and faces penalties of a mandatory minimum 40 years in prison and a fine of up to $100,000.

In all of these cases, the penalty is the same if the individual is convicted of conspiring to commit these offenses.

Controlled Substances Not Including Schedule I or II Drugs

Under Section 5-607(a), if an individual violates these sections with a controlled substance other than a Schedule I or Schedule II drug (distribution/possession with intent to distribute or manufacturing with intent to distribute) then that individual is guilty of a felony punishable by up to five years in prison and / or a fine of up to $15,000.

Under Section 5-607(b)(1), if an individual commits a second offense (not including Schedule I or Schedule II controlled substances) then that individual is guilty of a felony punishable by two to five years in prison and / or a fine of up to $15,000, with a mandatory minimum two-year prison sentence.

How the Criminal Defense Attorneys at Portner & Shure Can Help You

If you are convicted of possession with intent to distribute, you may face very harsh penalties. Even first-time drug offenders may face jail time, large fines, and long probation periods. Certain factors such as the kind of drug found in your possession, the quantity of drugs, and your prior criminal record can make potential consequences even more serious. If you were arrested in a school zone, the penalties will be even more severe.

You could be charged with possession with intent to distribute based on the circumstances and other evidence confiscated at the arrest:

• The amount of drugs seized


• The value of the drugs seized


• The presence of large quantities of cash


• Packaging of the drugs


• Baggies


• Scales

The presence of any of the above-mentioned circumstantial evidence can lead the arresting police officer to believe there was intent to distribute, regardless of your actual intent. If you are charged with any of the crimes listed above, you should consult with a Maryland drug distribution lawyer to learn about your options and how a lawyer can help you build a strong defense.

The Maryland criminal defense attorneys at Portner & Shure can help you fight the charges against you in court. Working with an experienced Maryland criminal defense attorney could help to lessen the overall impact of the charges against you. The stakes are too high to take your chances without an experienced criminal defense lawyer. If convicted, these charges can seriously impact your ability to:

• Secure employment, maintain your current position, or advance in your career


• Get approval for a home or car loan


• Maintain eligibility for an academic scholarship


• Obtain acceptance into a university


• Rent a home, apartment, or condo

The lawyers at Portner & Shure will provide you with aggressive representation for your drug trafficking case in order to minimize the impact of these charges on the rest of your life.

Ocean City, Maryland Criminal Defense Attorney | Maryland Assault Laws

In Maryland, an "assault" encompasses the crimes of assault, battery, and assault and battery. Assault is the attempted touching of another person, without that person's consent, and includes the act of placing someone in fear of an intentional touching. Battery is the unlawful and offensive touching of another person without that person's consent.

In Maryland, first degree assault is defined as causing serious physical injury to another individual. According to Maryland Code § 3-201(d), "serious physical injury" is defined as any physical injury that causes protracted or permanent impairment or loss of a bodily organ or member, disfigurement, or a substantial risk of death. In addition, any assault involving a firearm or other dangerous weapon is considered first degree assault. Under Maryland Code § 3-202, a firearm can be defined as a handgun, rifle, shotgun, antique firearm, short-barreled shotgun or short-barreled rifle; and assault pistol; a machine gun; or a regulated firearm.

The penalties associated with a first degree assault conviction in Maryland can include up to 25 years in prison, as well as a felony conviction reflected on your permanent record. Other penalties could include probation, house arrest, restraining orders, driving restrictions and more, depending on the circumstances of your case.

Second degree assault is defined as causing physical injury, or any impairment of physical condition, to another person. Any unwanted physical contact can be considered assault, even if it doesn't ultimately cause injury. Under Maryland Code § 3-203 , a person who is convicted of second degree assault is subject to imprisonment of up to 10 years and/or a maximum fine of $2,500. However, anyone that commits second-degree assault on a government agent, such as a law enforcement officer, is guilty of a felony, subject to imprisonment of up to 10 years and/or a maximum fine of $5,000.

Defenses to assault include self-defense and lack of evidence. The penalties associated with both first and second degree assault in Maryland could alter the course of your life forever. The experienced Maryland assault lawyers at Portner & Shure with a solid track record of success will examine each aspect of your case to build a solid defense that leads to our acquittal or a reduction in your charges and/or penalties.

Ocean City, Maryland Criminal Defense Attorney | DUI vs. DWI in Maryland

With temperatures rising and Memorial Day weekend having marked the unofficial start of summer, many residents of the Baltimore and Washington D.C. metro area will be heading to Ocean City, Maryland during the week and weekends. Whether grilling at a beach house or eating at a restaurant on the boardwalk, it's likely many people will be relaxing and kicking back with a drink or two. People have a tendency to drink more than usual in a relaxed, vacation environment and this could lead to the poor decision of getting behind the wheel. In 2011, over 16,000 arrests were made for driving under the influence in Maryland. It takes only one bad choice to completely change your life.

In Maryland, if you are pulled over for drinking or driving, you could possibly be charged with two types of offenses--a DUI (driving under the influence) or a DWI (driving while intoxicated). If you are charged with a DUI in Maryland, it means, among other things, that your blood alcohol concentration (BAC) posted at a level of .08% of higher. You could face up to one year in jail, and 12 points are automatically marked against your driving record, which results in an instant revocation of your license for six months. The monetary fine for a first offense DUI is $1,000. A second offense DUI could result in jail for up to two years with a mandatory minimum of five days. Your license will be revoked for one year and suspended for one year, there will be a 3-12 months ignition interlock period, 12 points will be marked on your driving record, and there is a $2,000 fine.

You can be charged for a DWI if your BAC is .07. For a first offense DWI, your license is suspended for 60 days with eight points are marked against your driving record. You could face up to 60 days in jail and the monetary fine is $500. For a second offense DWI, your license is suspended for up to 120 days, eight points are marked against your driving record, you could face up to a year in jail, and the monetary fine is $500.

Traffic related prosecutions, particularly DUIs and DUI-fatalities, are among the most complicated cases to handle. The highly experienced attorneys at Portner & Shure can begin working on your DUI or DWI case immediately to ensure your rights are protected. The committed attorneys will work tireless to build a strong defense and find weaknesses in the prosecution's case.

Maryland Criminal Defense Attorney | Road Rage in Maryland

We have all read or seen on the news stories of drivers getting involved in physical altercations due to aggressive driving- or what is commonly referred to as road rage. Road rage can lead to altercations, assaults, and collisions, which can then result in injuries and even deaths.

The National Highway Traffic Safety Administration (NHTSA) states that road rage "involves a criminal act of violence, whereas aggressive driving can include tailgating, speeding and running red lights." The number of deaths related to road rage is difficult to track, but NHTSA estimates that aggressive driving accounts for about one-third of all crashes and about two-thirds of the resulting fatalities.

Portner & Shure recently represented a client who was involved in a road rage incident. He was driving on I-270 southbound in Gaithersburg, Maryland and became involved in an altercation with another driver on the road. The two men pulled over on the shoulder and exchanged verbal insults, which then led to a physical fight on the side of the highway. Our client fractured the other driver's nose and head butted him, resulting in broken teeth. 

Subsequently, our client was charged with second-degree assault, reckless driving, negligent driving, and following a vehicle too closely by the state of Maryland. In Maryland, second-degree assault is defined as causing someone physical injury. If convicted, you can face up to 10 years in prison and a $2,500 fine. In addition, our client was facing a civil lawsuit from the other driver for medical bills and surgery, which amounted to over $27,000. The attorneys at Portner & Shure were able to successfully work with the state and the opposing attorney to resolve the issue by negotiating a much lower pre-trial settlement.

While we may have successfully helped our client resolve both the serious criminal and civil charges he was facing, here, there was no real winner. Both men suffered physical and monetary losses due to a situation which could have been avoided. If someone is tailgating you and acting aggressively, do not make eye contact or retaliate in any sort of way. It's not worth it. If a problem persists, call for help on your cell phone and drive to a police station for help.

Baltimore, Maryland Traffic Ticket Attorney | Driving Without a License in Maryland

What is driving without a license in Maryland?

Driving without a license in Maryland can be distinguished from "failure to display a license." If you have a valid driver's license but simply failed to have it on your person when pulled over, you could only be charged with "failure to display a license." However, if you are charged with "driving without a license" in Maryland, it means as a resident of Maryland or as a resident of another state you do not currently have a valid driver's license.

What is the punishment for driving without a license in Maryland?

Driving or attempting to drive without a license in Maryland carries a maximum penalty of 60 days in jail and/or a $500 fine. A conviction for driving without a license will result in 5 points being assessed. The charge carries more time for subsequent offenders.

Can I just pay a fine online if I've been charged with driving without a license in Maryland?

Because driving without a license is an incarcerable offense, meaning that you can serve jail time if you are found guilty of the charges, it is what is referred to as a "must appear" citation. That means that this citation cannot be disposed of just by paying a fine. A driver that receives a ticket for driving without a license must go to court to resolve their case.

Can I apply for a driver's license if I am an illegal resident in Maryland?

Illegal immigrants in Maryland are now able to obtain what is called a "second-tier" driver's license if they meet certain requirements. These second-tier driver's licenses allow holders to drive on Maryland roads, register their cars, and obtain insurance. However, these licenses are not recognized by federal agencies and cannot be used for identification purposes. The words "Not Acceptable for Federal Purposes" is written across the top of the license.

If I am an illegal immigrant in Maryland, how do I apply for a second-tier driver's license?

In order for an illegal immigrant to obtain a second-tier license, an applicant must bring documentation to their driver's license appointment that proves three things: identification, Maryland residency and that the applicant has paid taxes in Maryland or is a dependent of someone who has paid taxes in Maryland for the past two years. 

To prove identification, an applicant can submit a passport. If the applicant is unable to provide a passport, the applicant can submit two of the following, one of which should contain a photograph not more than 8 years old:

• Foreign driver's license


• Birth certificate


• Identification card


• Employment authorization document

To prove Maryland residency, an applicant needs at least two of the following:

• Maryland vehicle registration or car title


• Utility bill


• Bank statement


• Life insurance card


• Property tax bill or receipt


• Proof of home ownership


• Mail from a government agency


• Credit card bill


• Cancelled check

To prove the applicant has paid taxes in Maryland or is a dependent of someone who has paid taxes in Maryland for the past two years, an applicant must provide two years of Maryland tax forms approved by the comptroller.

Should I consult an attorney if I have been charged with driving without a license in Maryland?

If you have been convinced to driving without a license, it is in your best interest to immediately consult an attorney. The highly-skilled, experienced attorneys at Portner & Shure will work diligently to obtain the most favorable results possible for you. For a free consultation, contact a Baltimore traffic ticket attorney at Portner & Shure.