Maryland Harford Drug Possession Attorney Knowledge Dominion Control

Summer v. State

Facts:

The State was granted its petition for a writ of certiorari to challenge a judgment from the Court of Special Appeals (Maryland), which reversed defendant’s convictions and sentences for possession of heroin, possession of cocaine, and possession of drug paraphernalia.

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Maryland Harford Drug Possession Attorney Knowledge Dominion Control
Maryland Harford Drug Possession Attorney Knowledge Dominion Control

Holdings:

The Maryland Court made the following holding:
  • Md. Code Ann., Crim. § 5-101(u) defines “possession” to mean the exercise of actual or constructive dominion or control over a thing by one or more persons. In regard to the elements of the crime of possession, to prove control, the evidence must show directly or support a rational inference that the accused did in fact exercise some dominion or control over the prohibited drug in the sense contemplated by the statute, i.e., that the accused exercised some restraining or direct influence over it. An individual would not be deemed to exercise dominion or control over an object about which he is unaware. Knowledge of the presence of an object is normally a prerequisite to exercising dominion and control.
  • An individual’s knowledge of the contraband is a key element in finding that individual guilty of possessing it and that knowledge may be proven by inferences from the totality of the evidence, circumstantial or direct, presented to the trier of fact. The mere fact that the contraband is not found on the defendant’s person does not necessarily preclude an inference by the trier of fact that the defendant had possession of the contraband.

We have client meeting locations in Montgomery County (Rockville) & Baltimore, Maryland

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.