Legal Question in Criminal Law in Maryland

son and girlfriend were stopped MD/WV boarder, leaving WV going into MD, by WV sheriff dept, (who was sitting at the WV/MD boarder) across the state line in MD. Hancock, MD town cop were called to scene. were not told why they were stopped, charged with possession (had weed in her purse) and she was driving on suspended license(not her first offense, suspended for failure to pay fines). She was transported back to WV. Can she be charged with possession in WV when they were in MD when it was found? They (law enforcement) stated that it was 15 grams, son and gf said when purchased three days ago was only 7 grams, they (son and gf) say only 3-4 grams left, which in MD is only a ticket-able offense.

Asked on 10/26/16, 10:27 am

1 Answer from Attorneys

William Welch William L. Welch, III Attorney

Both Maryland and West Virginia may prosecute. Unless they can prove that they did not acquire the contraband until they were in Maryland, then there is an inference that they had contraband on them in West Virginia.

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Answered on 10/27/16, 10:46 am

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