Drug Arrests

Published on: January 25, 2024

PG County Police Seize Firearms and Fentanyl

Three men were arrested after Prince George’s County Police executed a search warrant at an apartment in Laurel. Police seized more than 3,000 fentanyl pills, cash and numerous weapons. One of the weapons was an AK-47 style semi-automatic machine gun. The main defendant, was recently charged by the State’s Attorney’s Office in a 20-count Circuit Court indictment, which includes eight felony counts. The charges include possession with intent to distribute narcotics, possession with intent to distribute fentanyl, firearm possession in a drug trafficking crime, CDS possession and machine gun aggressive purpose. The machine gun law under 4-405 of the Maryland criminal code is basically an enhanced statute that has double the maximum penalty of a possession of a typical firearm. While this law does not provide a mandatory minimum penalty, it does carry a 10-year maximum prison sentence upon conviction. For comparison, illegal possession of a regulated firearm under the Maryland public safety code and wear, transport and carry of a firearm both carry a 5-year maximum penalty.

Two of the defendants face numerous mandatory minimum sentences for firearm possession in a drug trafficking crime under Maryland criminal law 5-621. The focus of any criminal defense strategy typically begins with the crimes that carry mandatory jail time, as even the most lenient judges are unable to get around a mandatory sentence. After addressing the firearm drug trafficking charges, the focus will likely shift to the fentanyl possession with intent to distribute count. Under Maryland law, PWID fentanyl carries a maximum penalty of 10 years in prison, which is half the 20-year maximum penalty for PWID narcotics such as cocaine or heroin. On the other hand, the sentencing guideline offense score is significantly higher for a fentanyl charge than a standard narcotics charge. While this makes little logical sense, the fentanyl statute is newer, and rather than lower the maximum penalty for narcotics distribution (which always scare lawmakers) the legislature simply made a more reasonable and modern maximum penalty for the fentanyl charge.

The main defendant in this case will have to face trial in the Circuit Court for Prince George’s County, but he has another case to take care of first. Court records show that he pled guilty to a misdemeanor gun possession offense and a misdemeanor conspiracy to possess narcotics with intent to distribute back in 2022. He was originally in drug court, though it appears he was removed from drug court last week and will be sentenced on the original charges in March. The second co-defendant does not appear to have a prior criminal record in Maryland, though he hails from Washington D.C. Finally, the third co-defendant, a young man from Howard County, faces charges for drug possession, false statement to a law enforcement officer and machine gun aggressive purpose for this incident. He is currently being held without bail in Howard County for charges stemming from an alleged unrelated second degree assault and is scheduled to appear in the District Court for Prince George’s County in February.

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Published on: January 10, 2024

Marijuana Based Automobile Search Law Under Fire

By Benjamin Herbst

When recreational marijuana use became legal this past summer police officers were stripped of a major law enforcement tool. Probable cause vehicle searches based solely on the smell of cannabis has over the years resulted in hundreds if not thousands of arrests in Maryland for crimes ranging from drug trafficking to transporting a firearm. Many of these searches were suspect, as officers frequently performed them without ever locating actual marijuana. In cases where police seized other contraband such as guns, narcotics or stolen property from a vehicle an arrest was made, and the defendant prosecuted. The fact that the entire case began based off an error in judgment by a cop, or worse, a flat out lie rarely became a consequential issue. When arguing a motion to suppress evidence in an automobile search a judge must only be convinced that the officer acted on a probable cause belief that he or she would locate evidence of a crime. Probable cause is a much lower standard than proof beyond a reasonable doubt, which is the standard to determine guilt or innocence. Simply put, the deck was stacked against a defendant who was trying to fight an unlawful vehicle search based on alleged odor of marijuana.

The tide drastically changed when marijuana use by adults became legal. Currently if an officer smells marijuana during a traffic stop, there is no reasonable means to conclude that a crime is being committed based on the smell of pot alone, as possession of marijuana under the civil amount of 1.5 ounces is perfectly legal for someone 21 or older. Rather than face the prospect of hundreds of searches being overturned, lawmakers in Annapolis intervened and declared that officers would no longer be allowed to initiate warrantless vehicle searches based on the odor of cannabis. More than six months has passed since this law went into effect, and it still doesn’t sit right with many lawmakers. Back in November the Joint Republican Caucus stated it would attempt to overturn the law that now bars police from searching a vehicle based on the smell of weed. The law was passed during the final hours of the 2023 legislative session and resulted in a host of republican lawmakers walking off the House floor in protest. These politicians now argue that the search law prevents police from enforcing impaired driving laws, though this is a bit of a stretch. Their argument is that police officers who smell the odor of marijuana emanating from a moving vehicle would not be able to stop said vehicle and initiate an investigation. What this argument ignores is the fact that officers can still follow the vehicle and wait to observe signs of actual impairment or simply a traffic infraction. Additionally, police in Maryland are still able to conduct a traffic stop if they observe vehicle occupants actively smoking marijuana. Under Maryland law it is illegal to consume marijuana and alcohol inside a vehicle on a state roadway. A police officer who observes active marijuana smoking inside a vehicle would have reasonable suspicion to initiate a traffic stop, and then may develop probable cause to detain a driver for a DUI investigation.

While impaired driving concerns are potentially real, as states where marijuana use is legal have reported a slight uptick in injury auto accidents and traffic fatalities, the bigger issue with the no-search law may be the effect on overall crime prevention. Marijuana based vehicle searches have resulted in the seizure of hundreds of handguns over the years, and many of these firearms were taken from disqualified individuals. As firearm crimes and the number of illegal guns on Maryland streets continue to rise police are looking for more ways to get guns off the street, not less. The pervasiveness of ghost guns and the large number of juvenile gun crimes has also put the pressure on lawmakers and police to produce results. We will of course follow any measures to repeal the vehicle search law and may post a follow up article once any bills hit the floor in Annapolis. If you have been charged or are being investigated call Maryland gun and weapon crime lawyer Benjamin Herbst anytime at 410-207-2598 for a free consultation. Benjamin specializes in Maryland juvenile gun charges and adult charges for illegal possession of a firearm, minor in possession and violations of the wear, transport and handgun carry law. He has successfully represented dozens of out-of-state defendants from places like Virginia, Georgia and North Carolina where the gun laws are far more relaxed. He also defends clients charged with all other crimes in state and federal court, including possession of marijuana over civil, CDS narcotics violations, theft, robbery and traffic charges.

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Published on: November 1, 2023

New Maryland Expungement Law Now Effective

By Benjamin Herbst

On October 1 the Maryland Redeem Act became state law, and now thousands of individuals can file to expunge prior criminal convictions that were once considered permanent. The Redeem Act is a major breakthrough for those who have struggled to advance in the workplace, obtain professional licenses and secure loans or apartment leases. It provides an avenue for prior defendants to apply for expungement in numerous types of charges, including felony drug cases. In addition to adding more charges to the list of qualifying offenses, the law also shortens the wait time necessary to apply for expungement. The relevant portion of the Redeem Act is codified in the Criminal Procedure section 10-110 of the Maryland statutes, though the section lists the crimes by statute number and not name. It is advisable to have your charging document handy when checking to see if your prior offense qualifies, or you can consult with a Maryland criminal defense lawyer.

In this post we’ll go through some of the major changes to the expungement laws, but for a more detailed analysis about your particular situation, feel free to call Maryland expungement lawyer Benjamin Herbst anytime at 410-207-2598. The Herbst Firm handles expungements and petitions for early expungement based on good cause. It’s safe to say that the drug laws have been impacted the most by the Redeem Act, as convictions for possession with intent to distribute are handed out like candy in the courthouses across the state. Many a defendant has accepted a guilty plea to this crime to get out of jail or simply to close the case and move on with life, only to have it severely hinder personal growth in the future. If the criminal defense attorney on the case did not successfully argue for probation before judgment or if a timely motion to modify was not filed within 90 days, the conviction used to last a lifetime. Though as of October 1, there is hope for anyone with an old PWID or distribution charge, as an application to expunge may be filed 7 years after a time served disposition or 7 years after probation or parole has ended. Anyone with a marijuana distribution or PWID conviction can file for expungement 3 years after the disposition or the end of probation or parole if applicable.

Felony theft and burglary may be expunged after 10 years, but other felony charges have yet to be added to the list of crimes that are eligible. This includes motor vehicle theft, which is not one of the offenses that is currently expungable under Maryland law. Gun crimes have also not been added to the list of expungable offense. On the positive side, misdemeanor offenses such as CDS possession not marijuana, burglary in the 4^th degree, malicious destruction of property, disorderly conduct, prostitution, obstructing and hindering and various others are expungable after 5 years of the conclusion of the case or the end of probation/parole. Prior convictions for domestically related crimes such as second degree assault and violation of a protective order are not eligible for 15 years. If assault in the second degree or protective order violation convictions were not marked as domestically related, they would be eligible after 7 years for assault and 5 years for violation of a protective order.

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Published on: October 6, 2023

Glen Burnie Man Flees Traffic Stop, Crashes into Trooper

By Benjamin Herbst

Anne Arundel County Police have charged two men with multiple criminal and traffic offenses in connection with a hit and run that left a state trooper seriously injured. According to reports, police attempted to conduct a traffic stop of a Ford F-150 in Pasadena at around 12:30 in the afternoon for driving without a front license plate. The driver of the pickup failed to stop, and instead allegedly attempted to flee the scene. During the act of fleeing from police, the driver crashed into an unmarked State Police Vehicle and injured the trooper inside. The injuries were serious enough to require the trooper to be transported to the hospital via ambulance. Police eventually located the driver and a man alleged to be the passenger at the driver’s home in Glen Burnie. The passenger was arrested for drug possession and making a false statement to a law enforcement officer, and the driver was issued more than a dozen traffic citations including fleeing or eluding police, driving without a license, driving on a revoked license and reckless driving. Both men have yet to receive their trial dates for their charges, and both may have more serious issues on the horizon than traffic citations and misdemeanor drug and false statement charges.

At the time of the hit and run, the driver of the truck already had a court case scheduled at the Glen Burnie courthouse for driving on a suspended license, which probably explains why he was attempting to avoid being pulled over int first place. The prior case is scheduled in early November, and you can bet the State will bring up the recent charges if the case is not postponed again. In addition, the driver may also face additional, more serious charges for leaving the scene of an accident resulting in serious bodily injury. Leaving the scene of an accident or hit and run is already a serious traffic offense that carries up to 60 days in jail if there was property damage and up to 1 year in jail if someone was injured. The severity of this offense increases dramatically if the victim suffered serious bodily injury and the driver knew or reasonably should have known the accident might result in serious bodily injury. Leaving the scene of an accident with serious bodily injury is a felony with a five-year maximum penalty. Despite the fact that the driver was already issued multiple citations related to the accident and the fleeing, the State could always add additional charges by filing a criminal information or the police may choose to file a statement of charges. Since this offense requires the State to prove the victim actually suffered serious bodily injury, this type of charge would not typically be initiated until later when medical records can be obtained. In situations where there is a fatality a driver could be charged with a 10-year felony for failing to remain at the scene.

The passenger was actually arrested at the driver’s house and is being held without bond at the Anne Arundel County Detention Center on three separate cases. He is a Tier 3 sex offender with a lifetime registry requirement, and was charged with failing to register. The failure to register allegation likely triggered a violation of his Anne Arundel County Circuit Court probation for two counts of second degree assault. He then failed to appear at the district court for the failure to register case and had two bench warrants, one a violation of probation bench warrant and the other a failure to appear bench warrant. What likely happened is that police attempted to identify the passenger upon locating the two suspects in the hit and run, and the passenger gave a fake name to avoid being arrested. When police eventually found out his identity, they arrested him and found CDS on his person. Thus, the two new charges to go along with the two outstanding bench warrants. The passenger was ultimately held without bail on the new charge due to his prior FTA and his outstanding VOP.

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Published on: August 19, 2022

Maryland Man Convicted of PWID and DUI, Never Showed for Trial

By Benjamin Herbst

Can the State go to trial without the defendant being present in court? Last month a Washington County man was convicted of possession with intent to distribute cocaine, and driving under the influence after a traffic stop in the early morning hours of April 8, 2021. Normally this type of case would not be especially newsworthy for the Blog but for one glaring detail; the defendant was tried and convicted by a jury despite not being present in court. In legal terms the defendant was tried in absentia, simply meaning he was absent from court but the judge decided to move forward with the case anyway. The stop and the trial occurred in Cumberland County, Pennsylvania, which is just north of the man’s hometown of Hagerstown on Interstate 81. According to a press release by the District Attorney’s Office the man was traveling southbound toward Maryland on I81 and nearly collided with a tractor trailer. After making contact with the Hagerstown man, Troopers noticed marijuana in plain view in the vehicle and observed signs of impairment. The defendant then allegedly admitted to drinking alcohol and smoking marijuana before driving. Upon being arrested for DUI Troopers recovered a plastic bag with a white powdery substance that the defendant was trying to conceal in the front bumper of the vehicle. Chemical analysis revealed that the substance was in fact cocaine, weighing nearly 75 grams. The amount of cocaine apparently was enough for the jury to conclude that it was not for personal use, but rather that he possessed the drug with intent to distribute. Sentencing is set for October 4 of this year, and it remains to be seen whether the defendant will show.

Although the defendant was arrested and prosecuted in Pennsylvania, the law regarding trials being held in absentia appear to be similar to the Maryland law. We do not usually post about cases in other states, but the defendant does hail from Hagerstown and the trial brings up an interesting and rare issue. Pursuant to Maryland Rule 4-231 a defendant in a criminal proceeding is entitled to be physically present in person at every stage of the case and trial. The most common exceptions are during arguments over the law, or a when nolle prosequi or STET is entered. The courts have been conducting remote hearings for more than two years, but at most hearings the judge reminds the defendant that he or she has a right to be physically present. This is especially true for evidentiary hearings and plea hearings. There is one more exception to this rule, and it is triggered when the defendant waives his or her appearance by being voluntarily absent from court after the proceeding has commenced or when the defendant engages in conduct that justifies exclusion from the court. A defendant may also personally or through counsel waive the right to be present. We have seen cases where defendants have been disruptive in court and then removed from the courtroom in the middle of a trial. One particular case occurred in Florida, and the trial continued without the defendant even after the jury witnessed the outburst. This is obviously a rare situation that all parties attempt to avoid, but it does happen.

The lawyers for this defendant in this Pennsylvania case likely attempted to postpone the trial or even withdraw from the case, but the State and the judge seemed to agree that moving the case along was in the best interest of justice. It is not clear whether the defendant was absent for the entire case or just for the trial, but the language of the Maryland rule does appear to create somewhat of a murky issue by stating “after the proceeding has commenced”. An argument could be made that the proceeding means the actual jury trial, and therefore a defendant’s presence cannot be waived by failing to appear at trial. The Blog will continue to follow this case to see whether the defendant shows, and whether the sentence takes into account the defendant’s failure to appear. It would likely be advisable for the defendant to show up for sentencing, as unlike during trial, a judge does have the ability to factor in failing to appear at sentencing.

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Published on: June 27, 2022

Berlin Man Sentenced to 7 Years in Prison for Possession With Intent to Distribute Cocaine

By Benjamin Herbst

Last week a Berlin man was sentenced to 7 years in prison followed by 3 years of supervised release for possession with intent to distribute cocaine. The incident in question occurred back in 2018 in Worcester County where the man had been under investigation by the Worcester County Criminal Enforcement team. The WCCET was also working with various local law enforcement departments including the Ocean Pines and Ocean City police departments. While conducting surveillance of the defendant’s home, investigators saw another suspect enter and exit the home in a manner consistent with a drug transaction. A traffic stop was conducted and police discovered cocaine and a glass pipe. Upon being questioned, the suspected purchaser admitted to having just made a drug transaction with the defendant. This traffic stop provided law enforcement with the requisite probable cause to obtain a search and seizure warrant on the defendant’s home, which was executed a short time later. Upon execution of the search warrant, the criminal enforcement team located almost 400 grams of crack cocaine, cutting agents, a scale, three cell phones and $1,472 in cash. Additional search warrants were obtained for the phones, and upon executing these warrants police discovered text messages that indicated the defendant was allegedly involved in drug trafficking.

The defendant was originally charged in the Snow Hill District Court and released on bail at the end of September, 2018. His case was then transferred to the Circuit Court for Worcester County upon the filing of felony charges, but just a few months later he was arrested again on a separate federal warrant. Upon being arrested by the feds the defendant was found in possession of cocaine that he tried to discard as police approached. The defendant also had possession of a cell phone that was subsequently searched. Text messages revealed that he was allegedly still actively engaged in drug distribution since his release on bail from the state charges, and the feds were not too pleased with this alleged behavior while out on bail. The Worcester County Circuit Court case was ultimately dismissed by the State and the Eastern Shore defendant was charged in federal court by the U.S. Attorney’s Office in Baltimore. Now, nearly four years after the original incident, this defendant finally learned his fate in the drug case, and he will likely serve about 6 years behind bars. Of course, this sentence does not include any other open cases the defendant may have in state or federal court, as the U.S. Attorney’s press release did not provide further detail about the Berlin man’s 2019 federal warrant.

The feds do not typically pick up mid-level drug distribution cases that do not involve firearms, and this is especially true for the cases that originate from the Eastern Shore jurisdictions such as Worcester County and the Salisbury area. There is actually a federal courthouse in Salisbury, but it is not used for felony criminal prosecutions. When the feds pick up a case from state court, they still must use the local law enforcement officers as witnesses should the case go to trial. After all, it was not the DEA, ATF or FBI that made the original arrest or executed the search warrant. It is not ideal to have a dozen or so law enforcement officers on standby to testify when they are working 2 hours away, but this case seemed to strike a chord with the feds to the point that logistics didn’t matter.

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Published on: April 14, 2022

Charles County Narcotics Dealer Sentenced to 40 Years

By Benjamin Herbst

Back in February of 2020 a 33-year-old man from Waldorf was found guilty of several drug and firearms offenses in the Greenbelt federal courthouse. It took more than two years for the case to go to sentencing, and the wait did not turn out to be in the defendant’s favor, as he was sentenced to 40 years of incarceration. The lengthy sentence was handed down yesterday for charges including distribution of fentanyl resulting in death, conspiracy, possession with intent to distribute controlled substances, possession of a firearm in furtherance of a drug trafficking crime and possession of firearm by a convicted felon. The charges stemmed from incidents that occurred back in 2017, which included two drug deals that resulted in the overdose deaths. The government was able to establish sufficient evidence to prove the charges through text messages, phone records, surveillance video and live testimony from multiple witnesses who purchased narcotics from the defendant. A few months after the two overdose deaths law enforcement was able to secure a search warrant for the defendant’s Waldorf apartment. The defendant was arrested on the day of the search and seizure in April of 2018, and has been held in custody without bail since that time.

Upon execution of the search warrant law enforcement recovered five firearms including a loaded .45 caliber handgun that was found in a backpack next to 121 individually packaged baggies of fentanyl. These facts supported the jury’s guilty verdict for the charge of possession of a firearm in furtherance of a drug trafficking crime, which is a commonly charged offense in Maryland state courts as well as federal courts. The government was also able to establish that the defendant had prior felony convictions that prohibited him from possessing firearms. Police also seized over 200 grams of heroin/fentanyl mix, 40 grams of cocaine, 12 cell phones, $22,000 in cash, digital scales, money counters and jewelry including a Rolex and diamonds. All of these factors tended in prove that the defendant was involved in a large-scale narcotics distribution operation in Southern Maryland, but the 40-year sentence was undoubtedly due to the two overdose deaths that the jury felt were caused by the defendant.

A few months after the defendant’s trial his co-defendant from St. Mary’s County was sentenced to 12.5 years in federal prison for distribution of fentanyl. As part of the plea the co-defendant admitted his distribution led to the overdose deaths of same two individuals, though he did not actually plead guilty to the offense of distribution resulting in death. It is likely that the co-defendant cooperated with law enforcement in exchange for his relatively lenient sentence, though the U.S. Attorney’s Office press release did not directly say that he was called as a witness during the main defendant’s trial.

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Published on: March 11, 2022

Germantown Man Arrested for Selling Heroin and Ghost Guns

By Benjamin Herbst

The U.S. Attorney’s office recently announced that a 31-year-old Montgomery County man has been arrested and charged with being a felon in possession of a firearm, distribution of controlled substances and possession of a firearm in furtherance of a drug trafficking crime. A criminal complaint was filed against the defendant on March 4, 2022 and he was arrested on March 7. The Germantown man was ordered to be held without bail at his detention hearing in the Greenbelt federal courthouse two days after his arrest. According to the sworn affidavit in support of the criminal complaint, the defendant was identified as a suspected narcotics and firearms dealer. In February of this year the defendant sold guns and drugs to an undercover law enforcement officer three times in Montgomery County. The sales allegedly included more than 45 grams of crack cocaine, gel caps containing heroin and fentanyl and numerous firearms including multiple ghost guns. The term ghost gun is used to describe any privately made firearm that does not have a serial number and cannot be individually identified or traced. These weapons have become a point of focus for law enforcement over the last few years, and will continue to be a major issue for state and federal legislators.

In addition to the three alleged sales in February, the defendant and the undercover law enforcement officer also met a fourth time. During this meeting the defendant allegedly sold the cop three fully assembled Glock style handguns for a total of $3,000. The sale was observed by additional law enforcement surveillance units, and memorialized by several calls and text messages. In addition to the four meetings, the defendant also apparently admitted to the undercover officer that he could not legally purchase a firearm due to a previous felony conviction. The defendant faces up to 10 years in prison for felon in possession of a firearm and up to 20 years for distribution of controlled substances. He also faces a mandatory minimum sentence of 5 years for possession of a firearm in furtherance of a drug trafficking crime. This federal offense is almost identical to the Maryland state law that prohibits the possession of a firearm in a drug trafficking crime. The government is not required to prove that the firearm was actually used or brandished during the drug trafficking crime. Rather, all that is required is for the government to prove a nexus or connection between the gun and the drugs. Courts have consistently held that drug dealers possess firearms to protect themselves against theft and robbery, which makes it difficult for the defense to argue that the guns and drugs are not related. A drug trafficking crime includes all felony drug charges such as possession with intent to distribute, manufacturing and distribution. Despite the use of the term trafficking, there is no requirement that the government prove the defendant was a volume dealer or drug kingpin for this law to apply.

The Blog will continue to follow this case and many other federal gun and drug prosecutions. We may post a follow up article on this case depending on the outcome so stay tuned. If you or a loved one has been charged or is being investigated by the ATF, FBI, DEA or any other federal or state law enforcement agency contact Benjamin Herbst anytime for a free consultation. Benjamin is a Maryland criminal defense lawyer who specializes in drug crimes and weapons charges, and is available 7 days a week to explain what defenses may be available in your case. He handles charges including wear transport or carry of a handgun and illegal possession of a regulated firearm, and practices in all state and federal courts in Maryland. Benjamin can be reached at 410-207-2598 and is also licensed to practice law in the state of Florida.

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Published on: March 3, 2022

State Police Arrest Pair in Millersville

By Benjamin Herbst

This week the Maryland State Police arrested two motorists on drug charges after conducting a traffic stop shortly after midnight on Interstate 97. The stop occurred near the Benfield Boulevard exit in Millersville, which is right by the Anne Arundel County Police headquarters and criminal investigations buildings. Upon stopping the vehicle for an alleged traffic violation, the trooper discovered that the 32-year-old female occupant from Dundalk in Baltimore County had four outstanding arrest warrants for drug charges. A search of the vehicle allegedly produced 11 grams of heroin, 42 grams of crack cocaine, 48 Xanax pills, drug paraphernalia and cash. Both suspects were then arrested on multiple drug charges and booked into the Anne Arundel County detention center. MSP did not divulge exactly how the officer obtained probable cause to search the vehicle, but based on the circumstances the most likely sources of PC to search were the outstanding warrants for the female suspect’s arrest. Anyone with an outstanding warrant can be arrested, and then searched incident to that arrest. In traffic stops the vehicle can also be searched and inventoried pursuant to the arrest.

The 39-year-old male defendant from Pennsylvania was charged with two counts each of misdemeanor drug possession and felony CDS possession with intent to distribute, as well as an additional drug paraphernalia charge. He was seen by the commissioner and then released on a $15,000 bail. This defendant appears to have lengthy criminal history, which may create a difficult situation for his defense once this case goes to court. Judiciary casesearch shows at least three prior convictions for drug felonies in Baltimore County. When you add in the prior violation of probation the defendant’s guidelines for a PWID narcotic charge would be at least 4-8 years, and that’s factoring in a potential reduction due to the age of the prior cases. His guidelines could end up being as high as 7-14 years, which is a big number even at the bottom. The guideline ranges for street level narcotics distribution charges are excessive to say the least, especially when compared to violent offenses such as robbery and assault, but that’s a post for another day.

The female defendant did not fare as well, and is still being held in the detention center. She was charged with the same counts as her co-defendant plus an additional charge for prescription fraud under Maryland law 5-701, which appears to be related to allegedly removing or altering the label on the bottle of Xanax. On top of that, she apparently gave either a fake name or fake ID to the trooper in an attempt to avoid being arrested on the warrants, and was subsequently charged with fraudulent personal identification to avoid prosecution under Maryland law 8-301. Both of these fraud related charges are misdemeanors, but the latter will certainly raise concerns for any judge at bail review. Possessing fake identification and/or using fake names is an act the state always argues makes the defendant a flight risk. The defendant was in fact held without bail at her bail review in the Annapolis District Court just this morning. She must now wait for her attorneys to file a motion to reconsider her bail status at some point in the future, or wait for her case to be transferred to the circuit court where she would be entitled to an additional bail review.

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Published on: February 17, 2022

St. Mary’s County Man Guilty of Drug Distribution, Illegal Firearm Possession

By Benjamin Herbst

This week in the Greenbelt federal courthouse a 35-year-old man from Saint Mary’s County pleaded guilty to distribution of fentanyl and being a felon in possession of a firearm. According to facts presented by the government at plea agreement, three individuals traveled from Calvert County to St. Mary’s County in order to purchase narcotics from the defendant on March 1, 2021. The three individuals then returned to Calvert County, where two of them ingested the narcotics they had just purchased. One of the drug users became unresponsive after ingesting the narcotics, and the other two administered Narcan and called 911 after also performing CPR. First responders were unable to revive the victim, who was pronounced dead on the scene. Police came to investigate and were unable to recover the rest of the narcotics after they were discarded in the woods by the remaining two individuals. The medical examiner ultimately concluded the death was caused by fentanyl and alcohol intoxication.

An investigation, which likely included statements made by the two remaining individuals and cell phone data, led police to the defendant in St. Mary’s County. A search warrant was executed on his Lexington Park address 11 days after the drug deal and subsequent deadly overdose. Law enforcement recovered a host of contraband including 30 plus grams of a mixture containing fentanyl, heroin and acetaminophen. They also recovered plastic baggies, cutting agents and a scale that law enforcement would have testified was evidence of drug distribution. In addition to the drugs and paraphernalia, police also seized a Polymer 9mm “ghost gun” handgun with a 30-round extended magazine loaded with 21 rounds. Additional magazines and ammunition were seized as well as over $7,000 in cash. The drugs were tested at the crime lab and the gun was test fired by the ATF, and both yielded positive results. The defendant is a convicted felon after being found guilty of possession with intent to distribute narcotics back in 2020. He was on probation for that offense and just received a violation of probation sentence of 3.5 years.

Making matters worse for all involved, the man committed these acts while on pre-trial release for another offense out of St. Mary’s County. It looks like that offense was for accessory after the fact, which carries a punishment that depends on the primary charge but is capped at 5 years. The exception being that accessory after the fact to first degree murder carries a 10-year maximum penalty. The defendant was actually wearing his pre-trial release GPS ankle monitor when police showed up to execute the search warrant, which is clearly not a good look for our continued fight to have defendants released pending trial in favor of being held without bail.

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