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Could I Go to Jail for Sharing Prescription Drugs?
Suppose you were given a prescription for hydrocodone after your back surgery, or you have a prescription for Adderall for diagnosed ADHD. It is perfectly legal for you to have these prescription drugs and to use them in the way they were intended to be used. But suppose your niece is at your home one evening, complaining of knee pain after taking a fall while hiking. Or suppose a friend of yours is studying day and night for the bar exam and asks for a few Adderall pills to keep going.
While you may not think twice about either of these situations – you should. Prescription drugs are meant to indicate both regulation and legitimacy for the person they are prescribed for. Prescription drug charges can cover possessing a single pill you have no prescription for to being charged with drug trafficking and distribution for giving a bottle of your prescription meds to another person.
In some instances, the penalties for sharing prescription meds – or being the recipient of prescription med sharing - can be severe. If you are facing prescription drug charges, it is important to speak to a Silver Spring, MD criminal defense lawyer as quickly as possible for the best outcome.
Should You Agree to a Search of Your Vehicle During a DUI Stop?
If you are pulled over on suspicion of DUI, it is important that you understand your rights in case the officer asks if you will allow your vehicle to be searched. Since law enforcement must have a valid reason to conduct a vehicle search prior to an arrest, your case could be impacted by whether you agree to the search or not.
Absent a warrant, an arrest, or clear probable cause, you have the right to refuse a search of your vehicle. Many people believe that because they are driving while intoxicated – and are probably about to be arrested for that offense – they lose their other rights. This is not true, and any evidence gained illegally can potentially be suppressed.
If evidence is suppressed, the outcome of your case is much more likely to be favorable. If you believe your vehicle was unlawfully searched during a DUI stop or another type of traffic stop, it is important that you speak to an experienced Silver Spring, MD DUI lawyer.
Interlock Device Now Required for All Those Convicted of DUI
A few months ago, Maryland lawmakers closed what they considered a "loophole" in Noah’s Law that allowed some drivers to repeatedly drive while intoxicated. The new law requires anyone convicted of DUI to have an ignition interlock device – which includes a camera – in their vehicle.
Before this law was put into place, those who received a sentence of probation before judgment (PBJ) were not required to have the device installed in their vehicle. PBJ is a sentence often handed down to first-time DUI offenders, with more than 10,000 DUI and DWI offenders in Maryland receiving probation before judgment in 2023.
If you have been charged with DUI or DWI, it is extremely important that you speak to a knowledgeable Silver Spring, MD DUI attorney. The best outcome is a not-guilty verdict or having the charges dismissed or lowered through a plea deal. An experienced DUI attorney knows how to target any weaknesses in the prosecutor’s case on your behalf.
New Maryland Bill Limits Juveniles Being Charged as Adults
A new Maryland bill introduced by a Democratic Senator would raise the age at which a juvenile can be tried as an adult from 14 to 16. Senate Bill 422 would also eliminate a number of juvenile crimes for which 16-year-olds are currently eligible to be charged as adults. One criminal justice advocate stated that the juvenile system operates under the "basic understanding that children should be treated differently."
This proposed bill comes less than a year after Maryland lawmakers passed a juvenile justice reform bill that went into effect on November 1, 2024. Under the new bill, minors 16 and older who are charged with a crime (first-degree murder, voluntary manslaughter, carjacking, first-degree rape) that could bring a life sentence would still be tried in adult court. Other crimes for those under 16 would go through juvenile court.
Do You Really Need a DUI Lawyer for a First Offense?
In 2022, the state of Maryland experienced more than 150 fatalities related to impaired driving, with a significant share of those occurring in Southern Maryland. Weekend nighttime hours remain the most dangerous for impaired driving incidents, both in Maryland and across the nation. Being arrested for DUI can be extremely stressful, anxiety-inducing, and frightening. You may not be sure exactly what you are facing as far as penalties are concerned, and you may not know whether you have a good defense to the charges.
While you may think that it is not necessary to hire a DUI lawyer for a first offense, this is not the case. There can be some fairly severe legal penalties, along with collateral consequences, even for a first DUI. Having an experienced attorney ensures you receive a strong defense that could potentially have your charges lowered or dropped entirely. Contact an experienced Silver Spring, MD DUI lawyer who can answer all your questions and determine whether the facts surrounding your case could qualify for a reduction in charges or sentencing.
No Bail for Shooting and Ghost Gun Possession Suspects
Three young men are being held without bail in Baltimore County after firing gunshots in Parkville in late December. The police retrieved a gun without a serial number ("ghost" gun), which was loaded with an extended magazine carrying 19 rounds. Another recovered firearm was found to be stolen and had a Glock switch on it.
A Glock switch is used to change a semi-automatic weapon into one that is fully automatic. The two 19-year-olds were not granted bail at their initial hearing, while the 18-year-old involved in the incident remains in custody for an unrelated outstanding warrant.
Charges include possession of a firearm without a serial number, discharge of a weapon, possession of a stolen weapon, and other charges related to weapons. Firearms charges can be serious in Maryland, with severe penalties. If you are facing firearm charges, it is extremely important that you speak to a knowledgeable Silver Spring, MD criminal defense attorney.
Bad Warrants and Lack of Probable Cause Defenses in Maryland
Being arrested and charged with a crime can be a frightening, anxiety-inducing, stressful time. You may not know whether you need a criminal defense lawyer or if you should try to handle the charges on your own. Most of us have had little to no interaction with law enforcement, so what we know largely comes from watching television shows or movies. When it happens to you, the future can look dim, and you may be unsure of what you must do to protect your rights.
You may have heard of evidence of a crime being thrown out of court due to a "bad" warrant or lack of probable cause for a search and seizure but do not fully understand what these terms mean. If you are facing criminal charges, it is important to have a highly experienced Silver Spring, MD criminal defense attorney by your side who will leave no stone unturned when building your defense.
What Are the Most Common Reasons for a Dismissal of Charges?
There are four primary reasons a judge may dismiss criminal charges against a defendant:
Can Diabetes Adversely Affect a DUI Breathalyzer Test?
Breathalyzer tests are commonly used as a means of proving a defendant’s blood alcohol level was over the legal limit of 0.08 percent. Although breathalyzer tests have many shortcomings, they are still considered the "gold standard" by law enforcement and are frequently used to convict people of DUI in Maryland and across the nation. Diabetics who are given a DUI breathalyzer test are at a definite disadvantage and could be unfairly convicted of DUI.
If you believe your breathalyzer test was inaccurate because of your diabetes, it is essential that you have an experienced Silver Spring, MD DUI attorney from The Law Offices of Gerstenfield & Demirji, PC.. We will strongly defend you against these charges, including bringing in experts who can testify about how diabetes can adversely affect breathalyzer tests.
How Many People in the U.S. Have Diabetes?
When a person has diabetes, his or her body does not effectively use or produce sufficient insulin. Insulin is a hormone that converts food into energy. A person could be diagnosed with Type 1 or Type 2 diabetes. Type 1 diabetes is typically diagnosed in childhood and affects about 6 percent of the population.
Three Defenses Against DUI Charges in Maryland
A DUI charge has the potential to upend your life. On a conviction, Maryland drivers could face jail time, high fines, suspension of driving privileges, and a requirement to install an expensive interlock device just to drive again. A reputable DUI lawyer can defend you in a court of law, ensuring that your rights are protected and every possible angle for your innocence is examined. The Montgomery County, MD attorney at The Law Offices of Gerstenfield & Demirji, PC. has litigated thousands of cases on behalf of his clients, receiving everyone he represents with warmth and compassion. Mr. Demirji will go to great lengths to protect his clients from DUI charges, using well-founded legal strategies to make a compelling case.
Unlawful Police Procedure
During a traffic stop and arrest, police officers are obligated to follow certain procedures and policies. If it is found that the officer did not stick to these procedures, your case might be thrown out altogether. One of the most common violations of police procedure is the absence of probable cause, meaning that the officer did not have a valid reason to pull you over. If you were complying with all the rules of the road, any evidence obtained from a traffic stop could be inadmissible in court. A DUI defense lawyer will interrogate the reason behind the stop to determine if it was grounded in facts rather than arbitrary suspicion.
The Trouble with Field Sobriety Tests and Breath Tests
A conviction of DUI charges in Maryland is something to be avoided at all costs. Just for a first offense, driving under the influence is a misdemeanor punishable by up to a year of jail time and a possible $1,000 fine. Beyond that, you can expect a significant hike in insurance premiums, and the suspension of your license for up to six months. These consequences have the potential to set your life back for years, alongside the added stigma of a criminal record. The Montgomery County DUI lawyer at The Law Offices of Gerstenfield & Demirji, PC. is available 24/7 for consultation, handling any case with warmth and compassion. If you are stopped on suspicion of driving under the influence in Maryland, you should know your rights and what you can and cannot refuse.
Field Sobriety Tests
After a police officer pulls you over, you may be asked to perform certain roadside tests. The standardized tests include following an object’s horizontal path with your eyes, standing on one leg and counting, or walking and turning after a certain number of steps. These tests are all designed to catch you out even if you are entirely sober, and will be used as evidence against you in the trial. Furthermore, any number of variables including the time of day, the road surface, and the weather could work against you, causing you to fail the test.
For a free consultation, call 301-589-9500 or fill out the form below:
The Law Offices of Gerstenfield & Demirji, PC.
8720 Georgia Ave., Suite 301
Silver Spring, Maryland 20910
301-589-9500
