Articles Posted in Drug Arrests

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concertina-wire-1031773_960_720-200x300The 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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heroinbust-300x198The 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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beer-931826__480-300x199Depending 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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prison-300x201The 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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Ecstasy-300x174A 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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Heroin2-300x180Maryland 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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apple-256261_1280-300x199Public 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 7th, 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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heroinbust-300x198The U.S. Attorney’s Office for the Northern District of New York recently announced indictments of ten individuals for their roles in an East Coast heroin trafficking ring. Three of the defendants hail from Annapolis, which officials allege is where the heroin began the journey to its final destination in Schenectady, NY. After arriving in this suburb of Albany various New York based co-conspirators allegedly packaged the drugs and sold them in the Plattsburgh area, just a few hours drive from the Canadian border. The defendants vary in age, but each is under 35, and one was actually a state corrections officer until his arrest back in June. The three Maryland based defendants are all under the age of 30, with the youngest being just 19. This teenage defendant now faces between 5 and 40 years in federal prison, with the 5-year number representing the minimum mandatory sentence that must be imposed should he be convicted.

The other local co-conspirators include a 24-year old male who is facing a drug trafficking sentence of 10 years to life, and a 28-year old female who is facing up to 20 years for conspiracy to distribute narcotics. The 24-year old defendant is no stranger to the Maryland state judicial system, as he pled guilty to CDS possession with intent to distribute in Anne Arundel County back in 2012. His probation was violated shortly thereafter and an 18-month jail sentence followed. In addition to the federal indictment, the 24-year old is also set for an August trial date in Annapolis for numerous drug charges stemming from two separate state court cases. These charges are all drug related, and include distribution of narcotics and CDS possession of a large amount. The other Annapolis based defendants have relatively minor criminal records, which include two cases where each charged the other for assault. Prosecutors will likely end up dropping these cases, as the pair could assert their mutual 5th Amendment rights and choose not to testify. Regardless of what happens in these assault cases the defendants clearly have bigger issues to deal with up north.

The announcement by the Northern District of New York that a large heroin trafficking ring originated right here in Anne Arundel County came just as the governor announced 2018 allotments for the emergency opioid abuse funds. Last year the governor pledged $50 million to battle the record breaking heroin and fentanyl overdoses, and the money will be dispersed over the course of 5 years to various state and local agencies. The majority of the cash next year is going to inpatient treatment programs, naloxone supplies, public awareness platforms for opioid abuse and law enforcement efforts to dismantle drug trafficking rings. Baltimore City has been hit especially hard by drug overdoses, and the state has responded by allocating $2 million for a city crisis center. The Blog will continue to monitor this federal case and other state cases related to drug trafficking. We anticipate more drug busts making news headlines in the coming months as law enforcement agencies will be eager to show the governor the funding is being put to good use. However, it remains to be seen whether the emergency funding will begin to reverse the overdose numbers that are sadly trending in the wrong direction.

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pills_money-300x199The Maryland State Police recently announced the indictments of 18 defendants in a large drug conspiracy that spanned numerous counties and stretched into Delaware. The investigation began last fall state when police investigators received information that a male suspect was involved in a drug trafficking ring operating out of Queen Anne’s County. Narcotics detectives had reason to believe that this particular suspect, who lived in Kent County, assisted in the importation and distribution of large amounts of opioids including oxycodone, fentanyl, morphine, methadone and heroin throughout the state. Further investigation also revealed this suspect’s alleged involvement with another Kent County man in cocaine trafficking. Both male suspects were self employed, which further peaked the interests of law enforcement officers about the possibility of ongoing money laundering. As the investigation progressed, police officers from numerous jurisdictions including Talbot County and Anne Arundel County coordinated their efforts to develop more suspects in the case. Delaware State Police, Natural Resources Police, and local departments from Chestertown and Centreville also assisted, and the culmination of this investigation occurred this past week with the announcement of 18 arrests from indictments in the Circuit Court for Queen Anne’s County.

The two original suspects now face over 50 charges apiece, including multiple counts for conspiracy to distribute narcotics and CDS. According to the State Police report these two defendants allegedly conspired to import over 3.5 pounds of cocaine and 5000 pills, including 4000 of oxycodone and 50 pills each of morphine and fentanyl in just one 6-week period. The street value of these drugs is estimated at $130,000. Oddly, neither defendant faces any felony charges on these indictments; Maryland law classifies all conspiracy crimes as common law misdemeanors. But despite being misdemeanors, many of these counts carry 20-year maximum penalties, which state prosecutors will undoubtedly use as leverage to during plea negotiations. The extraordinarily high bails, one being $250,000 and the other being $350,000 also reflect the severity of these charges. There does not appear to be any physical evidence directly attributed to the two main defendants at this time (hence the conspiracy charges), though law enforcement did execute numerous search and seizure warrants and recovered a great deal of contraband. All told, there were 14 firearms, hundreds of pills, crack cocaine, marijuana and almost $100,000 dollars in U.S. currency recovered. Police also seized 15 vehicles that may be kept and then auctioned under state forfeiture laws.

The Blog will continue to follow this case as it progresses through the circuit court. It will be interesting to see whether there are any suppression issues raised in pre-trial proceedings, as it is unclear how police received all of their information. In any large-scale criminal investigation police often receive much of their intelligence from confidential informants, though CI’s alone will not suffice if the kingpins are careful. Prior coordinated law enforcement operations on the Eastern Shore have benefitted from the use of wiretap warrants, which could have sealed the fate of the defendants in this case.

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drugs-22237_640-300x198Lawmakers have made numerous attempts to curb the heroin epidemic in Maryland, and the governor has gone so far as to pronounce a state of emergency as overdose numbers continue to spike. Some Annapolis legislators considered passing a law that would allow the state to prosecute drug dealers under an enhanced 30-year jail penalty if their product caused a death, and we may see similar bills hit the state house floor in the future. State law enforcement is also joining in the fight, as Baltimore murder police are now beginning to investigate drug overdoses for potential links to dealers. The city police commissioner recently announced that five detectives working out of the homicide department will respond to both fatal and non-fatal overdoses. Baltimore is not the first jurisdiction to seek criminal evidence at overdose scenes, as Harford County narcotics detectives have already been showing up with first responder medics for the last two years. The Harford County Sheriff’s Office though was forced to scale this initiative back, as the sheer amount of overdoses proved too tough to manage.

State’s Attorney’s Offices around Maryland have also tried to do their part in furthering the agenda to combat the overdose epidemic. We previously posted about a defendant in Worcester County that was convicted and sentenced under state manslaughter law for selling heroin that ultimately resulted in a deadly overdose. Now another state prosecutor’s office has reported a manslaughter conviction in a CDS narcotics distribution case, and the defendant received the maximum penalty provided by the law. A Waldorf woman was just sentenced to 10 years in state prison in the Circuit Court for Charles County for selling fentanyl to man who later died of a drug overdose. The woman allegedly told the deceased buyer that her product was heroin when she knew that it was actually fentanyl, a far more powerful narcotic. This was reportedly the first time a defendant was convicted for manslaughter for selling drugs involved in an overdose in Charles County. The 34 year-old woman was also recently sentenced to 14 years in prison for another unrelated drug distribution charge, and was convicted and sentenced to probation on a third controlled dangerous substance case.

Law enforcement and state prosecutors may continue to seek enhanced penalties for drug dealers whose buyers overdose, but the deterrent effect of these measures is tough gauge. Harford County made a legitimate effort to seek out and prosecute dealers by investigating overdoses, but after two years their fatal and non-fatal overdose numbers remain largely unchanged. Efforts in Baltimore City may suffer the same fate, as the heroin epidemic is not under control in Maryland or anywhere else in America for that matter. In response to the public outcry government officials such as lawmakers, police chiefs and state’s attorneys tend to take the easy way out by announcing new initiatives to target suppliers. But a press release or two about a dealer serving extra time in prison gives these officials a false sense of accomplishment. The overdose numbers are not decreasing, and rather than targeting the endless supply of small time dealers officials should focus more on education, treatment and perhaps safe zones for users. While legalization and strict regulation of heroin would eliminate the type of street overdoses in the Worcester and Charles County cases, this is not a realistic solution at this point in time. The fact that legalization does not even warrant serious discussion is unfortunate, but there will come a time when government officials will have no choice but to consider it.