Drug Arrests

Published on: December 22, 2018

Lawmakers Pass Federal Prison Reform

Maryland is notorious in the region for its harsh gun laws, but overall has a fairly liberal criminal justice system compared with other states and especially the federal government. Two years ago Annapolis lawmakers passed sweeping criminal justice reform that eliminated most mandatory prison sentences for drug crimes and lowered the maximum penalties for dozens of offenses. The Judicial Reinvestment Act will save the state millions of dollars by significantly reducing the prison population, and a good chunk of these savings will be invested toward treatment and reentry programs. Not all defendants in Maryland have been able to reap the benefits of the JRA though, as it does not apply to federal cases. To the contrary, federal defendants continue to face harsh penalties for non-violent drug crimes, and often even sympathetic judges have their hands tied at sentencing. As a result federal prisons are filled with inmates serving archaic mandatory sentences, but finally lawmakers have decided to do something about it.

The First Step Act recently passed by a wide margin in the U.S. Senate, and is expected to be signed into law fairly soon. While not as powerful as the JRA, the First Step Act is expected to significantly lower the federal prison population and allow judges more discretion by eliminating or reducing some mandatory sentences. It will also redirect money once spent on keeping defendants behind bars to establishing rehabilitation programs to prevent recidivism. The federal strikes laws are responsible for some of the most unjust prison sentences in the entire country, as a three-time drug offender faces mandatory life in prison upon conviction. While the strikes laws won’t be entirely scrapped, the Act will reduce the mandatory penalty from life to 25 years for a third strike and from 20 years to 15 years for a second strike.

The Act will also provide more opportunities for inmates to earn good behavior credit to reduce their stay, and allow offenders serving time for distribution crack cocaine to petition the court for sentence modifications. In 2010 the federal laws regarding crack were changed to mirror powder cocaine laws, but defendants convicted prior to 2010 were not permitted to take advantage of these changes retroactively until now. This provision alone could result in the imminent release of hundreds of prisoners that have been unfairly serving lengthy sentences. There are currently around 2,600 inmates serving time under the old crack cocaine law that was a shameful product of the war on drugs. The First Step Act is estimated to reduce the federal inmate population by around 50,000 over the coming years. This is a huge number considering there are currently around 200,000 federal prisoners, which translates to about 10 percent of the total U.S. prison population.

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Published on: November 13, 2018

Final Corrections Officer Sentenced In Corruption Case

By Benjamin Herbst

The last of 16 former Maryland correctional officers involved in a large-scale prison corruption scheme was sentenced recently in the Baltimore federal courthouse. The 28-year old female officer originally from Texas was sentenced to six years in prison followed by three years of probation for her role in a contraband smuggling scandal at the state’s largest prison facility. Eastern Correctional Institute or ECI is a medium security facility in Somerset County on the Eastern Shore that houses over 3,000 male inmates. For years inmates and numerous staff members conspired to smuggle contraband such as drugs, cell phones and tobacco into the facility using complex organized methods designed to thwart detection. The scam eventually became too large to keep secret, and was shut down in 2016 after 80 different defendants were charged. Federal prosecutors ended up securing convictions in 77 out of the 80 cases.

While most defendants entered into plea agreements with the government, this defendant elected to take her case to jury trial, and was ultimately found guilty of racketeering, money laundering and drug conspiracy after nine days in court. Evidence presented by the government revealed that the former corrections officer conspired with her sister and other associates to smuggle packages of contraband into ECI for distribution to inmates. The contraband referenced in this particular case included drugs such as Suboxone and synthetic marijuana, phones, tobacco and pornography. Contraband was packaged in various ways including hidden within feminine hygiene products. The packages were placed in strategic locations such as staff bathrooms, interior offices and dining areas to avoid suspicious hand-to-hand transactions. Using this “dead drop” method, the smuggler and the purchaser never actually had to meet in person.

According to the government smugglers were paid roughly $500 each time they successfully delivered a package to an inmate and this defendant was no different. She was apparently paid via PayPal by inmates using the very same cell phones that were once smuggled into the prison. The contraband cell phones also provided a constant means of communication with inmates to arrange future transactions. While the phones allowed the smuggling operation to flourish they also came back to bite the co-conspirators. Federal law enforcement intercepted inclulpatory text messages between this defendant, her accomplices and the inmate customers, which referenced the type of contraband, the method of packaging, the location of the drops and of course the price. Numerous law enforcement agencies were involved in this massive investigation including the FBI, U.S. Postal Inspection Service, Maryland State Police and the Baltimore Police.

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Published on: August 18, 2018

Man Awaiting Driving Test Arrested At MVA

By Benjamin Herbst

Maryland State Police recently arrested a man who was waiting in line to take his driving test at the MVA headquarters in Glen Burnie, and charged him with numerous drug felonies. The 23-year old from Baltimore was in his mother’s vehicle awaiting his turn with a driving instructor when an MVA employee noticed the smell of marijuana coming from the car. An MSP trooper responded to the scene and initiated a warrantless search of the vehicle based on probable cause that it contained marijuana. The trooper’s suspicion was confirmed and then some, after he located a large plastic bag containing approximately 1 pound of marijuana, a 9 millimeter handgun, a digital scale and more than $15,000 cash. The man was arrested immediately after the contraband was discovered and taken before a commissioner. He was released that same day on an unsecured $7,500 personal bond.

The young man now faces a dozen charges in Anne Arundel County including possession with intent to distribute and possession of marijuana over ten grams. The maximum penalty of PWID marijuana is 5 years, though recent changes to the sentencing guidelines have decreased the amount of jail time most defendants actually see for this offense. Nowadays it is rare for a first time offender to serve much if any jail time unless he or she is involved in a large-scale operation. The concerns for the defendant in this case are the gun charges, especially the crime of possession of a firearm during a drug trafficking crime. A conviction for this felony charge carries a minimum five-year prison sentence, which cannot be suspended and the defendant is not eligible for parole. The defendant is also charged with the less common crime of firearm use during the commission of a felony that also carries a mandatory five years, but is a misdemeanor. Other gun counts include handgun on person and handgun in vehicle, which are essentially the same crime with the same 3-year maximum penalty.

The 9-millimeter Glock that was seized from the car allegedly had an altered or scratched out serial number, and this is a separate crime under the public safety code. Under Maryland law anyone found to be in possession of a gun with an altered serial number is presumed to have altered it. Finally, the defendant in this case was also charged with possession of a detached magazine with over ten rounds. The controversial Firearms Safety Act now limits the capacity of gun magazines to ten bullets, which makes many common firearms illegal in Maryland including the standard military Beretta pistol. The Blog will follow this case as it progresses through the court system. It is currently set for a preliminary hearing in district court, but the State will likely indict the case and it will be transferred to the circuit court in Annapolis. We will post an update if anything of interest happens in this case. If the defendant is found guilty or enters a plea, the sentence will depend on whether he has a prior record of gun, drug or other criminal charges. If you have a question about a criminal case in Maryland or have been charged with a crime feel free to call gun crime attorney Benjamin Herbst anytime at 410-207-2598. Benjamin specializes in gun and drug charges in state and federal court and offers flexible payment plans for all types of cases.

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Published on: August 9, 2018

Bail Bondsman Receives Federal Prison Sentence

By Benjamin Herbst

The Department of Justice recently reported that a former bail bondsman has been sentenced to five years in federal prison for his role in a drug distribution conspiracy with Baltimore Police officers. According the plea agreement the 51-year old defendant from the Middle River area of Baltimore County stole drugs, cash and jewelry from citizens between 2015 and 2017. He also obtained significant quantities of narcotics from a former Baltimore Police sergeant who is currently serving a 25-year sentence for racketeering, robbery, falsification of records and public corruption. Court documents alleged that the sergeant would repeatedly steal or confiscate narcotics during the course of his duties as a police officer. The sergeant would then deliver the drugs to the bail bondsman, who would store them on his property until he and other co-conspirators were able to sell them. In some instances the bail bondsman tagged along with the police sergeant during raids and searches. All told the bail bondsman netted hundreds of thousands of dollars from the illegal drug sales, which were divided among the numerous corrupt officers that helped facilitate the scam.

Multiple law enforcement organizations participated in this investigation including the FBI and the Baltimore County Police Department. Investigators likely received a great deal of information about this case from co-defendants looking to receive a break from the U.S. Attorney’s Office, but the case was made after the execution of a search warrant at the bail bondsman’s home yielded over 400 grams of crack, 200 grams of cocaine, 14 grams of heroin, MDMA, cash and expensive jewelry. Luckily for the defendant no firearms were found during the execution of the warrant, as the presence of guns could have resulted in a much harsher sentence. Federal sentencing guidelines provide harsher penalties for certain gun crimes than Maryland state sentencing guidelines, and many of these offenses carry mandatory prison time.

The bail bond industry in Maryland has been hit hard by reforms mandated by the Court of Appeals and the state legislature. Judges are no longer permitted to impose exorbitant bail amounts unless doing so would be the least restrictive means to assure the defendant’s return to court. Bail in any amount may not be used as a means to protect the community while a defendant is pending trial, as this is now the responsibility of pre-trial services. Obviously, this case was not directly related to bail reform, but one is left to wonder whether tough financial times motivated this defendant to engage in illegal activities.

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Published on: August 2, 2018

Police Bust Queen Anne’s County Drug Ring

By Benjamin Herbst

The Maryland State Police recently reported that arrests have been made and indictments filed for participants in a large Eastern Shore drug ring that also operated in Delaware. The investigation began back in the spring when the Queen Anne’s County Drug Task Force began to focus on the alleged ring leader, a 31 year old male living in Centreville, who police believed was importing and distributing large amounts of heroin, cocaine and narcotic pills in the area. An intense investigation led to the execution of multiple search warrants that were executed on June 1. The search warrants resulted in the seizure of close to $32,000 in cash, seven vehicles, five firearms and over 250 grams of cocaine. Police also seized smaller amounts of marijuana, oxycodone and heroin.

The alleged ringleader and some of his co-defendants were charged with multiple criminal counts in three separate cases, while other co-defendants were just charged in one case. It appears from court documents that the charges stemmed from alleged illegal activities that occurred on multiple different days. The first date of incident appears to be April 30, and then there are multiple dates during May. The last date is June 1, which is when the search warrants were executed and a few of the defendants (including the alleged ringleader) were arrested. This means that that some of the defendants will face the difficult task of fighting the state in three separate cases, which seems unfair but is completely legal. Police have no obligation to arrest a defendant the first time they commit a crime, but rather can wait days or even months to fully complete an investigation. The defendant may be charged in different cases as long as the criminal acts were not part of a continuing course of action. In this investigation the charges were separated by a few weeks each, which will likely stand up to any type of double jeopardy argument.

The lead defendant is charged with dozens of counts of CDS possession with intent to distribute and conspiracy to do the same. Possession with intent to distribute narcotics such as heroin or cocaine is a felony with a 20-year maximum penalty. Conspiracy has the same maximum penalty but is a common law offense that is classified as a misdemeanor. At least two of the defendants are charged with illegal firearm possession and possession of a firearm during the commission of a drug trafficking offense. Each of these charges carries a minimum mandatory prison sentence, which cannot be waived by the judge and can run consecutive to any other count. While this recent bust was large by Maryland standards, the police did not recover an amount of CDS required to trigger volume dealer or drug kingpin laws. These laws greatly enhance the penalty for possession or distribution of large amounts of drugs and place a 40-year maximum penalty on anyone who imports a large amount of CDS into the state. The threshold for these laws is 448 grams of cocaine, 28 grams of heroin and 50 pounds of marijuana, so based on the executed search warrants that we know of the defendants will not have to face these harsh drug laws. Nonetheless the main defendants in this drug bust face a challenging battle ahead in the Circuit Court for Queen Anne’s County.

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Published on: June 13, 2018

Police Ramping Up Eastern Shore Patrols

By Benjamin Herbst

Depending on where you live schools are either out or ending Friday, and the annual senior week pilgrimage to Ocean City is already underway. Pretty soon traffic will be piling up on Bay Bridge each weekend, and Route 50 will be jam packed with beachgoers. If you venture east not only will you be sharing the road with thousands of station wagons and SUVs filled to the brim with coolers and chairs, but also with state and local law enforcement. Maryland State Police have officially launched their “Lose the Booze” initiative for 2018, and are teaming up with local law enforcement on the Eastern Shore to combat underage drinking and DUI. The Easton Police Department, Talbot County Sheriff and Caroline County Sheriff have already joined the initiative, and other law enforcement agencies in the area will certainly be on high alert for all drug and alcohol related offenses.

Police on the Eastern Shore are notorious for making arrests on the few thoroughfares that head to Ocean City and the Delaware beaches. Route 50 is really the only direct way to Ocean City for beachgoers from Maryland, Washington D.C. and Virginia. Police patrolling 50, 301 and 404 will always profile a car full of young adults/ teenagers and look for any excuse to make a traffic stop to investigate further. Out of state license plates do not help the cause either. Pennsylvania vacationers avoid most of the Maryland highways on their way to the beach but their PA license plate still sticks out on Coastal Highway and other roads inland. Most of the time it’s speeding, but an officer who locks on to a car is legally permitted to make a stop for any type of traffic infraction, no matter how minor. Once the traffic stop begins the officer can then use his or her observations to develop probable cause for a search.

Upon making a traffic stop Eastern Shore police officers are immediately looking for signs of impairment. All police are trained to look for clues of DUI or DWI but officers in Ocean City and the surrounding areas almost expect it. This is especially true on weekends in the afternoon, evening, or even first thing in the morning for those drivers who have not quite slept it off. Cops that encounter teenagers or anyone that looks under the age of 21 will be on high alert for alcohol in the vehicle. Minors in possession of alcohol can be charged with a civil citation and face up to a $500 fine, which all minors in a car could be subject to if the alcohol is found in the passenger compartment.

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Published on: May 23, 2018

Maryland Reports Largest Prison Population Decline

By Benjamin Herbst

The national prison population continues to decline, and for the first time in almost fifteen years the total number of inmates dipped below 1.5 million. Last year Maryland lead the entire nation with a dramatic 10 percent reduction in prisoners, which brought the state inmate population down almost 2 thousand to a total of around 18 thousand. While the simplest explanation for the decline is the passage of the Justice Reinvestment Act, a closer look reveals a variety of factors at play.

The Justice Reinvestment Act or JRA was a groundbreaking and massive piece of legislation that sought to reduce money and manpower dedicated to jailing defendants, and to divert these resources to treating and rehabilitating convicted defendants. The JRA eliminated harsh mandatory sentences for repeat drug offenders convicted of non-violent offenses such as possession with intent to distribute narcotics. The maximum penalty for possession of CDS not marijuana was also lowered to one year, which eliminated the possibility of a prison sentence for drug possession. While most state correctional inmates are serving the original sentence handed down by the judge, a large portion are doing time for violating their probation. Lawmakers became aware that the sentences handed down for probation violations were getting out of control, and used the JRA to do something about it.

Each day dozens of defendants plea out to large suspended sentences in order to be released from jail, and many end up back in court on a violation. Some of these violations are extremely minor, and could be avoided by more patient probation officers. In the past defendants faced years in prison for extremely minor violations, but since the JRA went into effect there are now limits on the sentences handed down for these so called technical violations. The limits are not binding on the judge, but are certainly persuasive when it comes to sentencing a probationer for a positive drug test, failing to complete treatment or not paying restitution.

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Published on: January 25, 2018

Could Lawmakers Decriminalize Drug Possession?

By Benjamin Herbst

A host of potential modifications to existing Maryland criminal and traffic laws are currently up for debate in Annapolis. Many of these modifications could greatly affect the criminal justice system, while others will grab headlines but have very little impact in courthouses throughout the state. One bill that could have a huge impact on the justice system is a proposal currently in the House of Delegates that would effectively decriminalize the possession of small amounts of controlled substances. We’re not talking about marijuana here, as possession of a small or de minimis quantity of pot has already been modified from a jailable misdemeanor to a civil infraction. The lawmakers behind this bill want to decriminalize possession of small amounts of cocaine, heroin, MDMA, LSD, methadone and amphetamine as well.

The proposed House law is similar to the Marijuana decriminalization law that eliminated the possibility of jail time for possession of less than 10 grams. The ten-gram threshold was basically an arbitrary number that lawmakers agreed upon to differentiate between criminal possession and a civil infraction. Sponsoring delegates of the de minimis quantity bill have already settled on threshold amounts for all the other drugs covered under the proposed law. For cocaine, methadone and heroin lawmakers chose 300 milligrams, which is no more than a day’s supply for a regular user and much less than that for an addict. The threshold for MDMA and LSD would be five pills or tabs, and for amphetamine it would be 200 mg. If the law were to pass, anyone arrested with less than these amounts could not be arrested, but rather would receive a civil citation ranging from $100 to $500 depending on the prior number of violations. The law would also give the judge authority to order an offender under the age of 21 into a state approved drug education program.

If this bill were to become law it would have a groundbreaking affect on the amount of arrests across the state, and the criminal dockets (especially the bail review dockets) would shrink considerably, as drug offenses are still the most common genre of criminal cases in the district and circuit courts. Decriminalizing simple drug possession could also impact the amount of probation violations throughout the state. The standard conditions of probation include the prohibition of using illegal substances such as cocaine and heroin, and while a civil citation for possession of one of these drugs would not be a new law violation it would qualify as a technical violation. Defendants on unsupervised probation would likely not be subject to any type of violation for receiving a civil drug possession citation.

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Published on: December 21, 2017

State Police Announce Fentanyl Bust

By Benjamin Herbst

Maryland law enforcement agencies have devoted millions of dollars to combat the state heroin epidemic but despite their efforts most agencies are still playing catch up when it comes to the infamous synthetic opioid known as fentanyl. The powerful substance is not a new commodity, though its popularity has skyrocketed over the last couple of years. Fentanyl is now so common that many street level narcotics dealers don’t even realize they’re selling it to customers looking to buy heroin. The availability of fentanyl is based on the most elementary economic principle of supply and demand. It began with the rebirth of heroin, which arguably was created by the nationwide crackdown of prescription narcotic abuse spearheaded by the DEA. Heroin became a viable replacement for the thousands of people that were once hooked on oxycodone and similar substances, but whom were not able to find a constant supply due to restrictions on pharmaceutical companies, pharmacies, and pain clinics.

While heroin became easier to obtain than powerful prescription narcotics, it is not a substance that’s native to the United States, and is still not readily available in large quantities. To fill the void, drug dealers began to realize that mixing small amounts of synthetic fentanyl would increase or keep the potency of their product while decreasing the amount of heroin necessary. In some cases synthetic fentanyl has completely replaced heroin on the streets, as most users cannot even tell the difference. Add to the equation that synthetic fentanyl is exponentially stronger than heroin, thus requiring smaller amounts per street level capsule, and the fact that there is an unlimited supply from illegal laboratories overseas, and it’s easy to see how fentanyl became an epidemic almost overnight. Demand is as high as ever and the supply keeps coming in from all corners of the globe, a reality that is not lost on law enforcement agencies in Maryland.

Police departments around have ramped up their efforts to take down fentanyl suppliers, and this past week the state police announced the arrest of a major supplier on the Eastern Shore. A 37-year old Salisbury man was taken into custody and charged with several CDS violations including possession of a large amount, manufacturing and possession with intent to distribute narcotics. After tracking the man for a few months police ultimately executed search warrants that yielded close to one pound of an especially potent fentanyl compound. Police also recovered marijuana and drug paraphernalia they say is consistent with distribution. The large amount charges were unaffected by the justice reinvestment act that became law in October, and still carry mandatory prison sentences upon conviction. The defendant is still being held at the Wicomico County Detention Center, and has a preliminary hearing set for early January in the district court. Prosecutors will no doubt try to make an example of this defendant, thus making a competent defense attorney extremely important.

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Published on: November 20, 2017

Salisbury Teacher Arrested On School Property

By Benjamin Herbst

Public school officials in Wicomico County have confirmed the arrest of one of their teachers for numerous drug offenses, including five felony drug violations. The 51-year old female Salisbury special education teacher was arrested by deputy sheriffs as she drove off school property, and a search of her car allegedly yielded over 100 capsules of heroin along with several hundred oxycodone pills. Police also recovered suboxone strips and $3,000 cash. She was taken to the detention center and booked on numerous Maryland drug crimes including possession with intent to distribute narcotics and CDS possession of a large amount. The latter charge carries a 5-year mandatory prison sentence upon conviction, and also the possibility of a $100,000 fine. Just one day after her arrest the teacher was released from the detention center on a $50,000 bail set by a district court judge. A preliminary hearing is currently set for December 7^th, but this hearing will likely be cancelled in lieu of the State’s Attorney filing a criminal information or bringing the case before a grand jury.

In addition to the drug crimes mentioned above the teacher also faces two counts of possession with intent to distribute on school property under 5-627 of the criminal code. Many states have crafted laws that impose additional sanctions for conducting drug activity on school property, and Maryland also has similar laws regarding firearms and other weapons. The statute defines school property as the grounds of an elementary or secondary school plus a 1000-foot radius extending outward in all directions. At trial the state would introduce a certified copy of a map depicting the boundary to prove the offense occurred on school property. A defendant found guilty of this offense faces a 20-year maximum prison sentence, which is the same as possession with intent to distribute narcotics. There is a 5-year mandatory sentence, but it only applies to repeat offenders. The real kicker is that a sentence imposed under the school drug dealing law must be consecutive with any other sentenced imposed in the case. A defendant found guilty of this offense thus faces double the amount of time he or she normally would in a possession with intent case. This consecutive sentencing provision gives the law teeth, and in theory should act as a true deterrent.

The teacher has been placed on administrative leave pending the outcome of the court case, but an internal investigation by the school board could be wrapped up much sooner. It appears the Salisbury woman was already given a second chance, as she received a probation before judgment for a theft charge in Howard County back in 2011. That case was eligible for expungement, but now that the teacher has pending charges it appears the theft case will stay part of the public record. You cannot expunge a criminal case in Maryland while you have unresolved criminal cases or if you have received a conviction for a different case between the time you became eligible and the time you filed for expungement. The Blog will follow this Wicomico County case and others involving public officials or government employees. The media seems to really grasp hold of these cases, but our hope is always that these defendants will be treated as any other defendant that enters a criminal court.

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