Have you been charged with a heroin-related crime in Maryland? If so, you need to understand the difference between possession and trafficking. These charges might sound similar, but they affect your life, freedom, and future differently. Today, we want to walk you through the key differences between each and explain what you should know about the legal consequences.

What is heroin possession?

A heroin possession charge happens when you are caught with heroin for personal use. This charge focuses on the amount of the drug in your possession and whether there’s evidence that you intended to use the drug yourself rather than sell or distribute it.

Here in Maryland, heroin is classified as a Schedule I controlled substance. This means it’s considered highly addictive with no accepted medical use. Because of this Schedule I classification, even simple possession can carry severe penalties.

What are the penalties for heroin possession in Maryland?

If you’re caught with heroin, the potential consequences will depend on the circumstances of your case – like the amount of heroin found and any prior criminal record. For a first-time offender, heroin possession is generally a misdemeanor. However, the penalties can still be serious – including up to four years in prison and fines of up to $25,000.

The penalties become even more severe for repeat offenders. Maryland does offer drug treatment programs as an alternative to incarceration in some cases, but this option isn’t guaranteed. Talk to our Maryland drug crime defense attorneys to find out more about this.

What is heroin trafficking?

In contrast to heroin possession is heroin trafficking. This involves larger amounts of the drug, and the crime focuses on distribution or sale. Trafficking can involve various activities, like:

• Being caught with a large amount of heroin
• Possessing equipment often used in drug distribution, like scales or baggies
• Having cash or communications that suggest drug sales

The penalties for heroin trafficking in Maryland are much more severe than those for possession.

What are the penalties for heroin trafficking in Maryland?

Heroin trafficking is a felony in Maryland, with steep penalties that can include:

• A sentence of five to 20 years in prison
• 25 years to life in prison for larger quantities or if the trafficking is tied to organized crime
• Fines ranging from $50,000 to $1,000,000, depending on the scale of the operation

Judges in Maryland don’t have much discretion in these cases because mandatory minimum sentences apply. This means even first-time offenders may face significant time behind bars if convicted.

How do prosecutors decide between possession and trafficking?

The difference between possession and trafficking often boils down to the amount of heroin involved and the circumstances surrounding your arrest. Here are some examples of how prosecutors might determine whether to charge you with possession or trafficking:

• Small amounts of heroin (like a few grams or less) are typically associated with personal use, leading to possession charges. Larger amounts can signal an intent to distribute, triggering trafficking charges.
• If you’re caught with tools like scales, baggies, or large amounts of cash, law enforcement may argue that you intended to sell the heroin.
• Text messages, phone records, or other communications that imply drug transactions can be used as evidence of trafficking.
• Being arrested near a school, park, or other public area may lead to more severe charges or enhanced penalties – regardless of the quantity of heroin involved.

What are some legal defenses for heroin charges in Maryland?

At Carey Law Office, our experienced criminal defense attorneys can help you fight the heroin charges against you, whether you’re facing possession or trafficking allegations. Our defense strategy depends on the specifics of your case, but here are some of our common approaches.

• If police violated your constitutional rights during the search or arrest, that evidence against you may be thrown out. For example, if police didn’t have a proper warrant or probable cause, the heroin found may be excluded from the case.
• In a trafficking case, we may argue that the heroin was for personal use rather than for sale. This defense might include questioning the evidence or showing that items like baggies or scales weren’t linked to drug activity.
• If the heroin wasn’t found directly on your person (like if it was discovered in a shared vehicle or home), we may argue that it belonged to someone else.
• Sometimes, the prosecution’s evidence isn’t as strong as it seems. Our skilled attorneys can question the chain of custody, test the reliability of the drug lab’s analysis, or dispute witness testimony.
• For first-time offenders or those struggling with addiction, we may negotiate for reduced charges, probation, or participation in a drug treatment program instead of prison time.

How might a heroin conviction affect my life?

Heroin possession and trafficking charges each come with long-term consequences that go beyond jail time or fines. A drug conviction can affect your ability to:

• Find a job
• Rent an apartment
• Obtain or retrain a professional license
• Quality for student loans and/or financial aid

These collateral consequences, as they’re called, make it important to take heroin charges seriously and work with a criminal defense attorney who understands Maryland’s drug laws inside and out. At Carey Law Office, you can count on us.

Our state recognizes that addiction plays a huge role in many heroin-related cases. Because of this, Maryland offers several programs aimed at addressing substance abuse rather than solely focusing on punishment. One of these is drug court, a program that allows non-violent offenders to avoid jail time by completing treatment and complying with court supervision. Or, in some cases, you may be eligible for probation before judgment, especially if you’re a first-time offender. Probation before judgment (PBJ) is a legal option where you plead guilty or are found guilty, but the court does not enter a conviction. This allows you to avoid a criminal record if you successfully complete probation.

These alternative options can give you a second chance, but they’re not offered automatically. You’ll need a strong legal advocate on your side to help you explore these options and present your case effectively.

What should I do if I’m charged with heroin possession or trafficking in Maryland?

If you’re facing heroin possession or trafficking charges in Maryland, your first step should be consulting with a qualified criminal defense attorney. While your case is pending, take the following steps to protect yourself:

• Don’t talk to the police without a lawyer. Anything you say can and will be used against you, so exercise your right to remain silent until your attorney is present.
• If there’s any evidence that can support your innocence, like alibis, receipts, or text messages, share it with your lawyer immediately.
• Remember, your attorney knows the legal system and what strategies are most likely to succeed. Trust our guidance and be honest about the details of your case.

If you or someone you love is facing heroin charges in Maryland, don’t wait to get the legal help you need. Whether it’s a possession charge or a trafficking allegation, the stakes are high, and your future is on the line. The experienced Maryland criminal defense attorneys at Carey Law Office can help you understand your options, protect your rights, and fight for the best possible outcome in your case. If you would like to schedule a consultation with a drug defense lawyer, please call our offices or fill out our contact form. We serve clients in and around Bowie and Crofton.