Legal Review: Maryland Overdose Deaths Increased More than 65% in 2016

By Criminal Defense Attorney Kush Arora of Price Benowitz LLP

The opioid epidemic continues to ravage the United States, and Maryland has been hit particularly hard. Research recently released by the Centers for Disease Control (CDC) found that 812 of Maryland’s 1,821 deaths in 2016 were a result of a prescription opioid overdose — representing nearly 50 percent of all deaths.

With this spike in drug usage comes a focus from law enforcement on combating the presence of these drugs that are available for sale illegally, and with an increased focus comes a higher likelihood that an individual will be charged with possession of a controlled substance.

“The severity of punishment for possession of certain drugs depends upon what classification schedule that drug is listed on,” said Kush Arora, a Maryland Drug Crimes Attorney with the law firm of Price Benowitz, LLP.

With the dramatic increase in the availability of prescription opioids on the street, it falls to law enforcement to properly classify the drugs found in a person’s possession. Improper classification can lead to incorrectly charging an individual with a drug that is a much higher level of crime than is correct.

In a scenario where you are charged with possession of a controlled substance, it is incredibly important that your rights are protected. A Maryland Drug Crimes Attorney can make sure of the following:

• That your Fourth Amendment right to be free of illegal searches and seizures has not been violated. Many people incorrectly believe that law enforcement can conduct searches however they please. In order for the search of an individual’s person (body, clothes, and bags) to be legal, the police officer must have probable cause to believe that the person has committed a crime. If an officer is unable to show that they had probable cause to conduct the search, the evidence seized may be inadmissible.
• That the drugs found in your possession have been properly classified. All drugs are not equal in the eyes of the law. If an officer arrests you and charges you with possession of a Schedule I substance when you actually were in possession of a Schedule III substance, you could be facing an additional 16 years in prison.
• That the prosecution meets its burden in proving that a crime was committed. Being arrested and charged does not mean that law enforcement has satisfied its requirements for a conviction. On the contrary, the prosecutor handling the case still must be able to prove that the elements of the crime in question — possession — are present. Failure to do so means a conviction is not possible.

The opioid epidemic is a danger to anyone who uses controlled substances in a manner other than as prescribed. However, it does not mean that the rule of law should be abandoned. Everyone has rights that should be protected, and a Maryland Drug Crimes Attorney can do just that.