Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Search Incident to Arrest’

Update to Prescription Pills and Teenagers

I got the client a second probation here to go along with the 2 in another county-that totals 4.  All the judges agreed to modify to a PBJ if successful on probation.  My client gave a nice speech to the judge about being clean, living in a sober house, working, going to meetings everyday, and regaining his family’s trust.  That was on a Monday……….On Wednesday I get an email that he was arrested for Burglary on TUESDAY.  In the car they find items stole in a Burglary the preceding Friday (3 days before the second case).  He has now plead to the Burglaries- both violate the first probation I got him- the second violates the day before probation. In the car was also a bottle of or a stolen prescription for 180 Oxys. He just got probation and a drug court recommendation on the new Burglaries, but I am not too sure the 2 judges over here are going to go along with that program when they see him for his VOP. The prosecutor here is completely pissed off about the lying in court, and the words “drug court” are not coming out of her mouth. So much time and effort spent by everyone trying to help this kid, but his addiction ate him up.

 

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Prescription Pills and Teenagers

There may be nothing harder than getting through to a teenager who is addicted to pills.  Oxycodone is synthetic heroin.  It does not matter how affluent your family is, heroin is heroin, and it is the ultimate monkey on the back of any person.  Couple that with raw immaturity, and the normal teenage sense of invincibility, and you have a parent’s worst nightmare.  These are becoming the criminal defense attorney’s worst nightmare.  

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Marihuana Addiction And Treatment

I handle a lot of cases involving college students who smoke marihuana everyday.  They sell it in order to supply themselves with weed.  I also see it with men and women in their late 20’s and early 30’s who are now in the work force.  The youngest age for starting marihuana for my clients was age 11.  I had one today tell me she started at age 9.  It leaves you speechless, because she is talking about elementary school.  

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Motion to Suppress

Had an interesting Motion to Suppress yesterday that was granted.  The issue involved the seizure of pills from the console of my client’s vehicle.  We dealt with those drugs before we dealt with the arrest for possession of marihuana.  That too was suppressed, but the pills were more interesting.  Assuming the client was arrested lawfully and the search was valid, was the seizure permissible?  

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Supreme Court Ruling in Melendez-Diaz http://supct.law.cornell.edu/supct/html/07-591.ZS.html

Much has been made about Judge Scalia’s majority opinion requiring the testing technician to appear in court.  We have a “demand statute” in Maryland, where defense counsel is required to request the technician’s appearance if the State has provided the test results sufficiently in advance and advised they will not call the technician.  This procedure is still acceptable under the Supreme Court’s opinion.

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Contact Information

  • Gary S. Bernstein, P.A.
  • 29 W. Susquehanna Avenue, Suite 700
  • Towson, Maryland 21204
  • Toll Free: 866-435-2795
  • Locally: 410-415-9219
  • Fax: 410-823-0610

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