Criminal Defense Lawyer Blog

Published on: April 21, 2022

Maryland Legislative Session Adjourns for 2022

The 2022 Maryland legislative session has come to a close, and now the Governor must decide the fate of numerous bills that passed the House and Senate. In total there were 140 enacted bills this year, but less than 20 were criminal law related. There will be no groundbreaking criminal laws going into effect this year, though the marijuana referendum will steal headlines for several weeks in the fall, and again when recreational marijuana becomes a reality. Regardless of the lack of headlines, there are still multiple new criminal laws worth discussing. First, lawmakers took measures to beef up the penalty for a violation of a protective order by prohibiting merger for sentencing with the underlying act that caused the violation. This means if a person violates a protective order by trespassing, assault, harassment or other related offense he or she may be sentenced for that act and the protective order violation. The sentences could be consecutive, which means a first-time offender could face an additional 90 days in jail, and a subsequent offender could face an additional year. The law also reaffirms that a police officer shall arrest a person believed to have violated an interim, temporary or final protective order.

Another criminal bill passed by the Maryland General Assembly this year includes a provision that will limit the use of the spousal privilege in criminal trials. A person cannot be compelled to testify against his or her spouse for second degree assault and other misdemeanor offenses, but the law currently does not require the marriage to have been in effect before the crime. Apparently there have been cases where a defendant and a victim decided to marry while the criminal case was pending, and then assert the privilege. Somehow lawmakers caught wind that this was an ongoing issue, and decided to take a stand. When this provision becomes law, the prosecution will be required to ask a victim when he or she became married to the defendant. Lawmakers additionally passed a bill authorizing local animal control offices to recover costs of housing and treating animals that are seized as a result of animal cruelty charges or other violations. The law will limit the amount recovered to $15 per day per animal, which will also prohibit animal control from abusing their right to recover costs. Other new criminal laws include a provision where the Department of Public Safety and Correctional Services to notify the Baltimore Police Department within 24 hours of each person released from a pre-trial detention facility. This piece of legislation is another example of the state telling the Baltimore City government that it has been wholly incompetent in keeping the peace. The state and the feds will likely keep intervening with the hope that violence will one day start to decline in Maryland’s largest city.

This year lawmakers made an effort to expand the definition of the crime of stalking to include electronic communication and tracking. It is now a crime to use a phone or other device that can locate another person’s phone without their consent. Electronic communications currently are a means to establish harassment course of conduct and protective order violations, but now these communications can be used to prove stalking. Under Maryland law stalking is a misdemeanor, but carries a harsh 5-year maximum penalty. The Blog will continue to follow the new criminal laws passed this year, and will update as more news comes from the governor’s office. We will also continue to follow the marijuana referendum that is scheduled for November. If you have a criminal law question or have been charged with an crime or traffic violation, contact Maryland criminal defense lawyer Benjamin Herbst anytime for a free consultation. Benjamin specializes in domestic violence charges such as assault, protective order violations, harassment and stalking. He is available 7 days a week at 410-207-2598 for a free consultation and offers flexible payment arrangements for criminal cases. Benjamin is also licensed to practice law in Florida and the federal criminal defense in Baltimore, Greenbelt, Salisbury and the various military bases in Maryland.

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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: April 8, 2022

Interlock May Become Mandatory in PBJ Cases

By Benjamin Herbst

In 2016 Maryland lawmakers passed Noah’s Law, which mandated the installation of engine interlock devices for anyone convicted of DUI. The law also significantly increased administrative driver’s license suspensions for those who either refused to take a breathalyzer test or for those who tested over the legal limit of .08. Interlock devices, commonly known as “blow and goes”, require a driver to produce a negative breath alcohol test prior to starting the car, and at random times during the car trip. They have become more technologically advanced over the last several years, and most now include cameras to verify the person giving the breath sample is actually the driver. The technology has its faults though, and we have seen numerous cases of the devices malfunctioning or causing damage to vehicles. Despite some shortcomings, interlock devices have been hailed by lawmakers and lobbyists as highly effective at reducing the number of impaired drivers on the road. There were apparently 3,700 failed interlock tests in 2021 that resulted in the vehicle being disabled, and those in support of the devices have been quick to conclude this number directly translated to 3,700 less drunk drivers on the road. Regardless of the exact numbers, the devices for the most part do what they are intended to do, and as a result have become a massive business for manufacturers and installers.

While Noah’s law was considered groundbreaking at the time, and resulted in many states following suit with their own interlock requirements, there are what some consider shortcomings in the law. Currently judges are only required to order a defendant to install interlock upon a conviction for DUI. This means than defendants who receive probation before judgment or PBJ are not required by law to install interlock. Over the years judges in Maryland have become stricter when it comes to granting PBJ in DUI cases, and it is no longer a forgone conclusion for first-timers. On the other hand, first-time offenders who have done all the right things leading up to court (completing alcohol education etc.) and show remorse have a good chance of leaving court with a PBJ. According to reports nearly half of the 14,000 Maryland drunk driving defendants received PBJ in 2021, and the percentage of first-time offenders receiving PBJ would likely be much higher than 50%. In addition to the PBJ loophole, defendants convicted of DWI, which carries lower maximum jail time, fines and points, can currently avoid installing interlock in their cars. Strengthening Noah’s law would likely result in all DUI and DWI defendants who enter guilty pleas being required to install interlock.

The interlock bills being debated in Annapolis deal with requirements imposed by a judge in court, but the court case is only half the equation in a drunk driving case. A Maryland driver who is charged with DUI or DWI and refuses to take a breathalyzer test must currently must install interlock in order to avoid a mandatory license suspension of 270 days. Defendants who take the test and blow over .15 must also install interlock or face a 6-month suspension. These requirements are imposed administratively by the MVA, and can only be amended at a hearing in limited circumstances. A Maryland driver who refuses the breath test or blows over .15 may be able to secure a work vehicle exception to the interlock requirement by requesting a hearing in front of an Administrative Law Judge or ALJ. An ALJ can also grant a work-only restricted license in cases where the defendant blew under .15, but cannot grant a restricted license in a refusal case. These time frames are for first time offenders, and repeat offenders could face as much as a two-year suspension in refusal cases.

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Published on: March 29, 2022

Two Marijuana Legalization Bills Pass House

By Benjamin Herbst

The Maryland House of Delegates has done its part to assure that Maryland will legalize the recreational use of marijuana in the near future, and now the matter is in the hands of the Senate. Back in December we posted about House Bill 1 that was pre-filed before the 2022 legislative session began in Annapolis. The bill was designed to get the ball rolling and establish that legalizing marijuana would ultimately be up to Maryland voters in the November general election, and it passed easily in the House. The next step was to hammer out the specific regulations regarding recreational cannabis use, and this bill, House Bill 837 also passed easily. Last week both of these bills were up for discussion in the Senate, and it appears there will be no major roadblocks to coming up with a mutually agreeable policy.

House Bill 837 lays a detailed foundation for what Maryland citizens can expect if recreational cannabis passes in November. Senate Bill 833 attempts to carve out the same regulations, but it differs slightly in terms of lawful amounts and potential punishments for violations. The bill that ultimately passes the General Assembly will probably be a conglomerate of both bills, so at this point we’ll just point out the general rules that citizens can expect when pot becomes legal in 2023. The House and Senate both agree that the lawful amount of marijuana a person can possess in public should be more than 10 grams. The House is currently proposing a personal use limit of 1.5 ounces or 2 plants, while the Senate is proposing 2 ounces or up to 4 plants. It seems that anyone 21 or older will be able to possess at least 1.5 ounces without fear of being issued a civil citation for unlawful possession of marijuana. The House also included a separate threshold for the “civil use amount” but his seems unnecessary and confusing. Both the House and Senate seem to agree that smoking pot in public should be a civil offense punishable by a fine. Those who are in violation would be issued a civil violation citation by a police officer, which is similar to a traffic citation. The person receiving the citation could pay the fine, request community service in lieu of the fine or request a trial date to contest the citation (or ask for probation before judgement). Defendants who are charged with civil marijuana violations must respond to the citation in some manner, or risk having their case become part of the public record.

The House and Senate also addressed the cultivation of marijuana and potential violations for exceeding the permitted amounts in their respective bills. The House seemed to bring the hammer when it comes to growing pot, as its proposal makes it a misdemeanor punishable by up to 3 years in jail for growing more than 2 plants. The Senate bill maintains that growing more than 4 plants would be illegal, but only trigger a civil violation. It is important to understand that the eventual recreational cannabis law would still prohibit distribution or possession with intent to distribute. There has been no indication that this offense would be reduced to a misdemeanor, though at some point in the future this could be something lawmakers consider. The Maryland sentencing guidelines are already changing this summer independent of cannabis legislation, and the recommended sentences for most drug cases are thankfully decreasing. It would be nice if we could affirmatively say that no street level marijuana transactions could result in a jail sentence, but it seems we’re just not there yet. On the other hand, the House and Senate seem to agree that those with prior marijuana related cases should not be at risk of damaging background checks. When the law goes into effect next year it will almost certainly include provisions for the automatic expungement of older cannabis cases.

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Published on: March 22, 2022

State Lawmakers Pushing Juvenile Justice Reform

By Benjamin Herbst

This past week in Annapolis a sweeping juvenile justice reform bill passed in the Maryland Senate, and now the bill heads to the House for debate. The 23-page bill proposes numerous modifications to the existing juvenile justice system, but perhaps the most noteworthy is the section that would eliminate most prosecutions of juveniles under the age of 13. Juvenile criminal courts currently have jurisdiction over children as young as 7, but the new measure would end criminal prosecution of children under 13 unless they are charged with crimes of violence such as first-degree assault, robbery, felony sex offenses, arson and attempted murder. In these situations, the minimum age for criminal prosecution in a Maryland juvenile court would become ten. This measure would free up resources for juvenile offenders who are facing more serious charges, and who may benefit from a wider range of services provided by the department.

Another major change proposed in the juvenile justice bill would give more authority for intake officers to resolve cases before they are sent to court. Currently juvenile services intake officers must forward all felony cases to the State’s Attorney’s Office. The State then has 30 days to decide whether to file a juvenile delinquency petition in the appropriate circuit court. In contrast, a juvenile intake officer may resolve a misdemeanor by closing the case with a warning or offering informal supervision. Misdemeanor cases would still be able to be filed in the circuit court if the State or the victim objects to the intake officer’s decision. This is a long overdue modification, as it is a major waste of resources to set juvenile cases for intake hearings if there is no chance the case can be resolved. Intake hearings for felony cases are currently futile, as the officer’s hands are tied. Rather than keep a blanket provision that strips the intake officers of power to do their job, the legislature is moving toward trusting the officers to make a decision on a case-by-case basis. There are limitations on this proposal however, as intake officers would still have to forward all felony crimes of violence to the State, as well as cases where the allegation is causing or attempting to cause death or physical injury to another. The physical injury terminology may have to be revised to reflect serious bodily injury though, as physical injury is a rather general term.

The bill also adds a provision that allows the State and the defense to hold delinquency proceedings in abeyance in favor of a term of informal adjustment. If the State and defense agree, the child may have the ability to complete certain conditions and then be awarded with a dismissal of the delinquency petition. This type of diversionary track has traditionally been accomplished by way of a STET, but establishing an official system to avoid adjudications going on a juvenile’s record is a welcomed tool. Other new provisions include reducing the time between detention hearings for all juveniles held to every 14 days instead of every 25 days, and barring juveniles from being sent to out-of-home placements if the most serious charge is a misdemeanor or on a technical violation of probation. Firearm offenses would be the exception to this provision, and may still result in placement out of the home.

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Published on: March 17, 2022

Ghost Gun Bills Advance in Annapolis

By Benjamin Herbst

There was significant movement last week in highly publicized state measures to curb the circulation of unserialized firearms commonly known as ghost guns. Both the House and Senate preliminarily approved legislation that would eventually ban the sale and ownership of the untraceable firearms in Maryland. These untraceable guns have been a major point of contention for police and law makers alike, and have undoubtedly contributed to an increased number of gun crimes over the past couple of years. The gun components are often made of polymer or other materials that are easy to fashion yet strong enough to withstand the explosion of a cartridge being fired, and are relatively cheap. Basically, anyone with internet access and a Venmo account could order the components to make a working firearm in a matter of hours. Therefore, it’s no surprise that a state like Maryland that already has some of the toughest gun laws in the country is making serious moves to eliminate untraceable firearms.

Ghost guns are generally defined as firearms that lack an identifiable serial number and are manufactured privately or in the home. The parts are typically purchased in kits or created at home using 3D printers, thought the kits are more common these days. Federal law does not prohibit private individuals from manufacturing their own firearms for personal use, but does place firm restrictions on the manufacture of firearms for sale or distribution. Gun parts manufacturers that sell these kits are able to skirt federal restrictions by only selling parts that are considered unfinished. The difference between a finished and unfinished gun receiver (the part that joins the firing components) is a fine line in which the manufacturers are fully versed. They intentionally sell receivers that are less than 80% finished and require some basic machining, for which they provide the drill bits and instructions. Obtaining ammunition is still a task that presents a challenge for those prohibited from possessing firearms, but ammo is cheap and small, and thus easy to purchase or obtain unofficially.

After a bit of back and forth over the last couple of months it seems the General Assembly has settled on a timeframe for implementing the ghost gun ban, and also prospective punishments for those who violate. First, the prohibition will not become law until March 1, 2023 at the earliest. Second, the punishments for violating the ghost gun laws have been slightly reduced to a maximum of two years in jail for possession and a maximum five years in jail for sale or distribution. Both of these offenses would be misdemeanors, thought a defendant may still be charged with additional applicable felonies such as possession of a firearm by a convicted felon and possession of a firearm in a drug trafficking crime. There may also be a provision in the law that requires the State to prove an element of knowledge. In other words, it may be a defense if the person charged did not reasonably know the firearm was a ghost gun. Under potential ghost gun laws, the State Police would be tasked with establishing databases for ghost guns and tracking serial numbers to make sure there are no duplicates.

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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 25, 2022

Montgomery County Alleged Murderer Transferred to Juvenile Court

By Benjamin Herbst

In a highly controversial decision at the Montgomery County Circuit Court in Rockville, a judge has ordered an alleged murder’s case to be transferred to juvenile court. The decision angered family members of the four victims, one of whom had died from gunshot wound injuries. The defendant was originally charged as an adult with one count of murder in the first degree and three counts of attempted first-degree murder in addition to various assault and firearm offenses for allegedly firing 16 rounds of ammunition into a crowd at a Germantown basketball court. The defendant, who is considered a respondent now that the case has been transferred, was accused to using a homemade polymer ghost gun to fire the shots. At the time of the incident he was just 14 years old, and now that the case has been transferred, he could be released from a secure juvenile facility in less than one year. The judge explained his opinion over the course of 30 minutes, and sided with the defense despite strenuous objection from the Office of the State’s Attorney.

While the families of the victims have every right to be outraged by the decision, the judge was bound to follow the rule of law in Maryland, which has changed drastically in the past year. Any juvenile who is charged as an adult may petition to transfer the case to juvenile court. This has become known as a reverse waiver hearing, and the judges are required to weigh five independent factors including age of the child, the child’s physical and mental condition, the child’s amenability to treatment in a juvenile facility or program, the nature of the offense and public safety. In the past too many judges have focused on the nature of the offense, and if it was especially violent the transfer would be denied in the name of public safety. Pursuant to what is now known as the Davis case, judges are no longer allowed to make these swift, allegation based decisions. The Court of Appeals in Davis reiterated that the controlling principal of the justice system is protection of the public, and that a juvenile delinquency program that is most effective at treating, educating and rehabilitating offenders will best protect the public in the long run. Amenability to treatment has become the determinative factor when considering transfer, and the other four factors ultimately lead up to amenability. Amenability in this context is best interpreted as whether a child would benefit from a juvenile program. If the answer is yes, then the case should be transferred regardless of the underlying nature of the charges.

The defendant was originally charged as an adult because Maryland juvenile courts do not have original jurisdiction over individuals 14 and over who are facing charges that carry life in jail. The first-degree murder and attempted murder charges all carry life in prison, which means the juvenile court did not have original jurisdiction over the defendant. In most other cases a juvenile must be at least 16 before being charged as an adult, but for life felonies the minimum age is 14. All defendants who are between 7 and 13 years old will be charged as juveniles, and can only be prosecuted in adult court if their case is waived up at a discretionary waiver hearing. If your child is facing charges in any Maryland court contact juvenile criminal defense lawyer Benjamin Herbst anytime for a free consultation. Benjamin has successfully argued for the transfer of numerous individuals to juvenile court, including a recent armed robbery case where the individual had already turned 18. He has represented clients in every county in Maryland and is also an experienced federal criminal defense lawyer who specializes in firearm offenses and white collar crimes such as theft of government property and fraud. Benjamin is available 7 days a week at 410-207-2598 to discuss the defenses that may be available in your case.

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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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