Possession With Intent and Distribution of Controlled Dangerous Substances

Possession with the intent to distribute and distribution of controlled dangerous substances is among the most commonly charged cases in the Circuit Courts of the State, with thousands of criminal defendants facing serious felony charges each year. 

These charges carry harsh maximum penalties of 20 years in prison for first offenders and up to 40 years for subsequent offenses. Many of these cases are also among the most complicated criminal cases in the criminal justice system, often involving complex search and seizure, self-incrimination, and other Constitutional issues. It is not an exaggeration to say that it can require years, if not decades, of experience for attorneys to become truly proficient at handling these issues.  

Drug offenders can face mandatory sentences of 5 years without the possibility of parole, for possession of 50 pounds of marijuana, 448 grams of cocaine, 28 grams of heroin, and as little as 5 grams of fentanyl. 

The penalties are even harsher if a person is convicted of being a “drug kingpin,” which means an organizer, supervisor, financier or manager. If convicted under this section, a person is subject to a maximum penalty of 40 years and a minimum mandatory sentence of 20 years without the possibility of parole. 

In addition to the complicated nature of the legal issues associated with these cases, there is also the minefield of mandatory sentences that often apply and are sought by aggressive prosecutors that must be navigated for a client charged with possession with intent or distribution of narcotics.  

There are also substantial mandatory sentences for persons convicted of trafficking controlled dangerous substances with firearms. These counts are among the most aggressively pursued by prosecutors given the level of violence associated with the drug trade. A person convicted of trafficking narcotics with a firearm is subject to a maximum penalty of 20 years and a minimum mandatory sentence of 5 years without parole. This is a crime separate and apart from the underlying narcotics offense and the sentences may, and often are, run consecutively to one another. 

Unfortunately, there is also potential for abuse by prosecutors associated with all mandatory sentences including ones associated with trafficking narcotics with firearms. Most prosecutors understand that these counts were specifically designed to combat violent drug gangs and exercise appropriate discretion in deciding when to and where to file them. There are, however, some prosecutors who view things differently and pursue these sentences in any case where drugs and weapons are recovered from the same place.  

Needless to say, for anyone charged with possession with intent to distribute or distribution of controlled dangerous sentences, or any other drug-related criminal offense, it is imperative they immediately contact experienced and aggressive criminal attorneys such as the Criminal Defense Team at STSW. 

Silverman Thompson’s team of former state and federal prosecutors has handled thousands of these cases on both sides of the aisle over the past 30 plus years.    

Unlike most criminal firms who file only boilerplate motions to suppress in all drug cases, the criminal team at Silverman Thompson researches and drafts detailed motions to suppress evidence tailored to the specific facts of your case, even in many simple possession cases.   

As former prosecutors, we are also intimately aware of the procedures and strategies that Assistant State’s Attorneys and Federal Prosecutors will use to try to gain convictions.  This “inside” knowledge can be the difference between a successful defense and an unsuccessful one. These cases require knowledgeable and aggressive representation and that is what we will provide to you at Silverman Thompson. 

The criminal defense team at Silverman Thompson is committed to providing our clients with the highest standard of defense. If you or a loved one requires defense in a case regarding drug-related matters, please contact us toll-free at 800-385-2243 for a free consultation.