Chestertown Drug Attorney, Near You

Drug-related offenses can seriously impact your future. Archey Law will help fight for your freedom.

What makes you different from other Chestertown drug attorneys?

As a public defender, I’ve handled thousands of Possession of Controlled Dangerous Substances (C.D.S.) cases. This includes anything from civil citation marijuana all the way to possession of large amounts. We’ve done it all.

What sets us apart from other Chestertown drug attorneys is our experience and the amount of cases we’ve had. With extensive training defending these cases, we go through the analysis, the chain of custody forms and the police reports with a fine tooth comb.

Are there any local resources near Chestertown that people charged with drug offenses might need?

If you’ve been charged with a drug offense and you agree that you need help, there are both inpatient and outpatient treatments available. We recommend Community Behavioral Health or Eastern Shore Psychological. For shorter term, inpatient treatment, we also recommend the Whittsitt Center, a 21-day program, sponsored by the Kent county health department. Regardless of your treatment facility, nine times out of 10, you will need to transition to an intensive outpatient treatment (IOP), when you leave an inpatient treatment facility.

If you have a significant drug addiction issue and are incarcerated, or will be once you go to court, there is a program under the health general article (HG 8-505 – HG 8-507), known as the drug treatment and commitment program. Rather than spending six months in jail, we can put an 8-505 requesting to have you evaluated and then an 8-507 order, to have you committed to a long term treatment facility, such as Gaudenzia. This will hopefully get the addiction under control and give you the tools you need to live freely and not relapse, or commit the same crimes over and over again.

Regarding drug offenses, more and more jurisdictions are implementing what’s known as drug court. This when you could possibly be subjected to criminal offenses and jail time, but the court will give you the opportunity to prove that you can remain sober. You’ll be required to follow the direction of the court, and prove that you can survive a probationary situation; where you’re going to treatment, you’re taking a urine tests, going to NA or AA classes, and doing everything you need to do. It’s like a diversion program, where at the end of it, you may be able to have your charges completely dismissed, depending on the jurisdiction. It takes a lot of work, but these are excellent programs with great success rates, sometimes allowing you to have your charges expunged. If you aren’t doing everything the way you’re supposed to, however, you can be subject to incarceration along the way.

Frequently Asked Questions for a Chestertown Drug Attorney 

What are the most common kinds of drug charges in Chestertown?

The most common drug charge is possession of heroin. This heroin epidemic includes people all across the financial spectrum. It usually begins through innocent use of prescribed opioids like oxycodone or Percocet. When that prescription ultimately gets cut off and the addicted individual needs the opioid ingestion into their system, they move to heroin (which is cheaper and easier to procure without a doctor).

What's the typical process in Chestertown for someone who gets a drug charge?

Most Chestertown drug charges start out as a traffic offense. This could be for a number of reasons: the police officer believed the person operating the vehicle was under the influence, had a warrant for their arrest, or they shouldn’t have been driving for some reason. If the police officer says that he smells the odor of marijuana, it gives him probable cause to search the vehicle.

If you’re in a situation where you’ve been stopped or accosted by the police, unless you’re a repeat offender or well known to law enforcement, they will generally issue citations on the spot. Then, at some point, you’ll get notice of your court date.

Sometimes, they can take you in front of the commissioner to determine whether or not you need a bond. If you receive charges for CDS we recommend going for a substance abuse evaluation. This will tell you whether you have a substance abuse issue and how you should go about dealing with it. It will help determine if you need any inpatient or outpatient programs, a detox – things that will need to be dealt with before going to court. The court will want to see if you are taking a proactive approach to dealing with your addiction.

If you have a legitimate CDS addictions issue, oftentimes the courts will understand and want to see that you’ve made strides in dealing with that issue. In order to do that, you need to go have an evaluation and you need to start attending treatment. We always recommend Community Behavioral Health, a local organization, NA, or AA. This treatment can help you learn a lot about yourself and you can significantly help your legal situation.

What kinds and levels of charges are there and how does that affect the consequences?

In Maryland, we have a non-criminal offense, possession of marijuana. Anything under 10 grams is not going to be considered a criminal offense, although you will still face a fine. Since the offense is still a citation, it will remain on your record. Even though you’re not facing incarceration, it is advisable to hire an attorney to help you get a probation before judgment or possibly have it expunged somewhere down the road.

Possession of marijuana over 10 grams carries a maximum of 6 months in jail and/or a $1000.00 fine. Additionally, possession of a standard narcotic, such as opiates, opioids, hallucinogenic type drugs, LSD, psilocybin, methamphetamines, cocaine, or a derivative of cocaine will fall into that category, carrying one year of active incarceration as well as a $5000.00 fine. Additional incarceration is possible for repeat offenders.

Possession with intent to distribute carries various penalties. For marijuana, it’s a maximum 5 years incarceration as opposed to possession with the intent to distribute heroin (or other stronger types of narcotics), which could carry up to 20 years in jail. This also covers manufacturing narcotics, such as; growing marijuana and narcotics or someone working in or operating a meth lab.

Are there other kinds of drug charges that involve possession of paraphernalia?

There is a charge called possession of administrative equipment. This involves possession of needles, a pipe, rolling papers for marijuana, or anything that’s used to “administer” the narcotic into a person’s system. This charge is a paraphernalia charge that carries a significant amount of incarceration. People who are charged with this specific offense need to understand this is not the general paraphernalia charge and is much more serious.

The general paraphernalia charge is much broader than the Administrative Equipment charge and includes anything used to package or hold the CDS in addition to the needles, pipes, rolling papers, etc. The one good thing about a paraphernalia charge is that it is a fine. While it is a criminal offense, it doesn’t carry incarceration. However, repeat offenders may be exposed to periods of incarceration if the State chooses to file enhanced penalties.

About Archey Law

Just because you’re charged, doesn’t mean you’re a criminal.

Each of us can find ourselves in a situation with the law. Do we want to be viewed as a criminal? Of course not.

Just because you’ve been charged with a DUI, BUI, traffic violation, assault charge, drug charge, or any other kind of criminal offense does NOT mean YOU are a criminal.

Each day as an attorney I’ve reflected on the reality that any person could find themselves charged with a crime they never thought they would commit.

Helping good people in their darkest hour - this is why I practice law.


What is a DUI?

In Maryland, there are two different types of alcohol driving offenses.

The first is the 21902A statute, known as a DUI (driving under the influence of alcohol). Within that one statue, there are several variations:

1. A DUI per se, happens when you get pulled over and fail to pass the test(s). When this happens, you go back to the barracks to give a breath alcohol concentration test or submit a breath alcohol concentration sample, yielding a result of over the legal limit: 0.08. This is what’s called per se, because the test stands on its own, showing you were intoxicated to that level. That is the highest level DUI offense we have in Maryland. The penalty is a year in jail and a thousand dollar fine for the first offense.

2. The next is a general DUI, when you’ve been pulled over for driving erratically. In this case, you have failed the field sobriety tests miserably and potentially didn’t give a breath sample at the barracks. The police can take the totality of these circumstances and present them to the court. The court may find that you were intoxicated enough to meet the higher level of a 21902A DUI.

The second is the general 21902B, commonly known as a DWI (driving while impaired). This is often more difficult for the state to prove and typically carries less penalty: 60 days in jail and a $500 fine.

With a DWI, you were mostly likely pulled over, did marginally on the roadside field sobriety test, and did not submit a breath sample at the barracks after being taken into custody. When the prosecutor presents their case, they rely strictly on the roadside test to show that you were impaired to some degree. It’s not a high burden to meet, but the state can prove their case beyond reasonable doubt using those words, sight tests, police officer’s statements, experience, testing credentials, and such.

What are the consequences of a DUI?

For a DUI, the consequence is a year in jail and a $1000 fine, for the first offense. If you’re a subsequent offender, penalties can vary from two to three years in jail, depending on your number of prior offenses.

A DWI carries a standard 60 days in jail and a $500 fine.

If you are convicted of these offenses, we always mitigate for probation, or something significantly less than the maximum fine.

What sets you apart from other BUI attorneys?

As a boater and fisherman, I understand BUI cases better than most attorneys. I speak the language and have had extensive experience working with the Department of Natural Resources police. As a result, I’ve prosecuted countless BUI cases in the Eastern shore.

Why choose Archey Law for hunting and fishing cases?

I’m both a hunter and a boater and have had experience prosecuting all types of hunting and fishing cases. Having lived in MD my whole life, I’m a local. Unlike just any attorney, I’m familiar with the areas, prosecutors, and the Department of Natural Resources Police.

What makes us different

Legal Expertise

At Archey Law, we fight for you. With a legal expert on your side, gain confidence as we find the best possible outcome for your case.

Direct Communication

When you contact, you won’t be passed along the chain. Speak directly to your lawyer, every time. Call, text, or email and we’ll respond within 24 hours.

Track Record of Success

Having worked in both prosecution and defense, we know the law from each side. We help you navigate the law and achieve the best possible results.

Local Attorney

Get unparalleled advantage in the local, legal area. Our founder, Yves Archey, has lived on the eastern shore his whole life. He is intimately familiar with the local geography and legal culture, giving you the best possible defense.

How it works:

Text, Call, or Email Us

Send us a message in whatever way that’s most convenient. You will receive a response from us within 24 hours.

Schedule a Consultation

We will schedule a time to meet or connect for a call. During this consultation, we’ll learn more about the details of your case and give you legal counsel.

Get a Plan

We will give you a plan to achieve the best possible outcome in your case.

202 Tamarack Rd
Chestertown, MD 21620

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