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Possession and Paraphernalia Charges in Maryland

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  • 02-10-2013, 07:55 AM
    travelingoe
    Possession and Paraphernalia Charges in Maryland
    My question involves criminal law for the state of: Maryland.

    I was charged with of Possession of Marijuana, Possession of a CDS (pills I believe), and Paraphernalia (Marijuana). I left to go out of the country and afterwards I discovered I had missed a court date for the aforementioned charges. My questions and worries are: Can they charge me for evasion even though I was charged after I had left? (I cannot source my airplane ticket to prove my departure date). I am worried the judge might add an additional charge because it seems that I have been avoiding this. I am also worried he or she might be much less lenient when sentencing me (i.e. treating these misdemeanors as felonies). Can I expect prison time? I am deciding to go back even if I cannot afford a lawyer, but I am unsure how this would pan out. I have heard there is a minimum sentence for these sorts of charges but I have been told people can go to jail instead of prison or be sent to a therapy/rehab. Can I plead that I need help and avoid a stronger sentencing? Also, is there an expiration date on these charges? Is there a certain time period which one can wait to clear the slate?

    Things to know: The incidents all occurred in June while the court date was in January of the following year. I was told this is a violation of due process. Can I use this to my advantage? I was never booked for these charges (fingerprinted, etc.). I recall being pulled over, searched, and told that the police may contact me regarding three marijuana joints that were in the car. They didn't find any pills but I was charged for it apparently. The charges don't line up with any past searches or seizures that I can recall. These are my first criminal and drug offenses.

    Thanks in advance
  • 02-11-2013, 04:37 AM
    Mr. Knowitall
    Re: Possession and Paraphernalia Charges in Maryland
    We have no information about when you were charged, or when or how you were notified of your court date. If you face additional charges due to your failure to appear, it would be sensible for you to start pulling together evidence that you were abroad when the court notice (or whatever we're talking about) was sent to your address of record. No, choosing to be a fugitive from justice will not make your crimes disappear. If you're asking whether your choice to continue to flee from justice could trigger a more severe penalty when you're finally caught? Potentially yes. It shows that you don't take responsibility for your actions.

    You were told what was "a violation of due process"? Being charged with a crime several months after you committed the crime? That's permissible.

    Your lawyer can review the police report and lab reports from the traffic stop. For all we know, you had a PCP-laced (or other drug-laced) marijuana joint - possession of both marijuana and a CDS, wrapped up in one piece of rolling paper. If you believe the charge relates to pills, then it seems that you know more about what the police found than you've let on.
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