In any criminal trial, the defendant has the right to confront (cross-examine) the witnesses against them. One way that courts protect this right is by excluding the admission of any hearsay testimony. Hearsay refers to any out-of-court statement meant to prove the truth of the matter asserted. For example, if a witness testified in court […]
Read MoreIn Maryland, it is a crime to drive while under the influence of alcohol or any sort of drug like marijuana. Up until now, Maryland police officers have been allowed to use what is commonly called the “weed smell test” as a lawful reason to make a traffic stop. However, as reported here, a new […]
Read MoreIf you have a commercial driver’s license (“CDL”) in Waldorf, Maryland, being arrested for a DUI/DWI will have serious consequences for your ability to drive. Indeed, your job will be at risk. This is true even if you were not driving a commercial vehicle at the time you were arrested. That is, even if you […]
Read More“Homicide” is the general legal term in Maryland that denotes the crime of killing — or causing the death of — another human being. “Murder” is defined more narrowly to mean homicides with intent and premeditation. Under Maryland criminal law statutes, there are five types of homicide, including two levels of murder. If you have […]
Read MoreIf you have been arrested in Waldorf, MD, Charles County, St. Mary’s County, or any other part of Southern Maryland for DUI/DWI, you need an experienced and talented DUI/DWI criminal defense team to help. Maryland’s best criminal defense attorneys — like the ones at the Law Office of Robert Castro — can work the laws […]
Read MoreIf you have been arrested in Waldorf, Maryland, one potential criminal defense is that you were defending yourself (or defending another). This is the defense of self-defense. Under Maryland criminal laws, a certain amount of physical force is allowed to be used in self-defense or in the defense of others. This is generally called “justifiable […]
Read MoreIf you have been arrested by law enforcement officials in Charles County, Maryland, the police are allowed to seize all of your personal property, including your wallet or purse, keys, and your cellphone. This is standard procedure and is lawful. Generally, this is called “inventorying” of an accused, and the police have an obligation to […]
Read MoreIn Maryland, there are no crimes that are defined as “domestic violence” in a direct sense. Rather, there are many types of crimes, like assault, that may occur in a domestic setting, such as in a shared home between married persons, those who are romantically involved, or family members. The domestic nature of the crime […]
Read MoreHearsay is a complicated legal concept about certain types of evidence that can be found in witness testimony and in documents. Generally, hearsay is a type of evidence that CANNOT be used in a Maryland criminal case. Tenacious and skilled Maryland criminal defense lawyers will fully understand what hearsay evidence is and object to it […]
Read MoreYes. Driving under the influence (“DUI”) (or driving while intoxicated (“DWI”)) applies to any sort of vehicle in Maryland, including motorcycles, tractors, all-terrain vehicles, boats, and even bicycles. If you have been searching for a DUI/DWI lawyer in St. Mary’s County or in Charles County, MD, call us here at the Law Office of Robert […]
Read MoreYes. If you are arrested in Waldorf, Maryland, or any other part of Charles County for drunk driving, you can be charged by government prosecutors with driving under the influence (“DUI”) AND with driving while intoxicated (“DWI”). Indeed, this is common. The main difference between the two charges is the person’s blood alcohol concentration (“BAC”). […]
Read MoreIn Waldorf, MD, and other parts of Southern Maryland, a person is legally considered an adult when they turn 21. Maryland criminalizes “underage drinking” (and drug use). In particular, in Maryland, it is a crime for those under the age of 21 cannot purchase, drink, and/or possess alcohol. Further, like anyone of any age, Maryland […]
Read MoreAn indictment is a way of being arrested and accused of a crime. When most people think of an arrest, probably what comes to mind are scenes from movies and television shows. On crime shows and in movies, one often sees the police or law enforcement arresting a person on the street after a chase […]
Read MoreIn Maryland criminal cases, people often hear how criminal defendants have a right to “due process.” But what do those words actually mean for those accused of crimes here in St. Mary’s County or in other parts of southern Maryland? The courtroom-proven Maryland criminal defense lawyers at the Law Office of Robert Castro provide this […]
Read MoreThe question of whether a Maryland criminal court judge CAN ask questions of witnesses at a criminal trial is a bit complicated. Generally, here in Maryland, the judge at a criminal trial DOES NOT ask questions of the witnesses at a criminal trial. However, Maryland criminal law does not PRECLUDE a criminal court judge from […]
Read MoreThe basic rule is you have 30 days to appeal a criminal conviction in Waldorf or any other location in Maryland. These are calendar days, so weekends count in calculating the day that the appeal must be filed. If the 30th day falls on a weekend (or a day when the courts are closed), then […]
Read MoreGenerally, the answer is “no” (with a couple of exceptions discussed below). Since a criminal plea bargain is an AGREEMENT involving the consent to entry of a court’s Order, it is not possible to appeal. This is a general rule that applies in criminal and civil matters. If a person consents to the entry of […]
Read MoreYes, in Maryland, a person can be convicted of a crime only on the basis of circumstantial evidence. In a Waldorf, Maryland criminal trial, there can be direct evidence introduced or what we call “circumstantial” evidence. Direct evidence is something like an eyewitness testifying to some fact or evidence from lab tests (like tests showing […]
Read MoreMost DWI/DUI cases are charged by Maryland prosecutors as misdemeanors. However, Maryland criminal statutes identify a significant number of circumstances where a DWI/DUI must be charged as a felony. These include circumstances where: The current arrest is the third DUI in 10 years An accident was caused an accident, and there were significant injuries or […]
Read MoreIf you have been convicted of a crime in Waldorf, Maryland, very broadly, there are two ways to try and overturn the conviction: file a written request with the Maryland criminal court judge that handled the case or appeal the case to a “higher” court. With both methods, your experienced criminal defense team must be […]
Read MoreIn this article, the skilled and experienced Maryland criminal defense attorneys at the Law Office of Robert Castro discuss what might happen if a crime victim does not press charges or refuses to cooperate with the prosecution. Call us at (301) 705-5137 if you have been arrested or charged. We are available around the clock, […]
Read MoreThe criminal justice system in Waldorf, Maryland, is more complicated than in other states. Part of the reason is that Maryland has two different trial-level courts: the District Courts and the Circuit Courts. Above these are Maryland’s appellate courts: the Court of Special Appeals and the Maryland Court of Appeals (which is our version of […]
Read MoreIf you have been searching for the “best DUI/DWI lawyers in Charles County or for “Maryland DUI attorneys near me,” call us here at the Law Office of Robert Castro. Our number is (301) 705-5137. We are available around the clock, 24/7. We are seasoned and skilled Maryland criminal defense lawyers. We offer DUI/DWI criminal […]
Read MoreWithout knowing the details of the plea bargain, it is impossible to know if you should take it. On the other hand, if it is the FIRST plea offer, very likely, you should NOT take it, at least not without trying to get the prosecuting attorneys to “sweeten” the deal and not without consulting with […]
Read MoreAt the Law Office of Robert Castro, we believe in providing our clients with the necessary defenses to negligence, regardless of the charges that they are facing. We know that our clients are sure to have lots of questions. For example, what are the defenses to negligence? How can a defenses accident injury lawyer assist me in the […]
Read MoreUnder Maryland law, a person’s right to own and possess firearms and ammunition is restricted if they are convicted of a felony or certain misdemeanor charges, like domestic battery. Later, the person can be arrested later and charged if they are caught by law enforcement having or owning firearms/ammunition. These charges are often called felon-in-possession […]
Read MoreMany Maryland residents who are arrested think they cannot afford a criminal defense attorney. Yes, it is true that the cost of hiring a criminal defense Law Firm can be high. But, the cost is well worth it if the criminal defense prevents or lessens potential jail time. The cost of hiring criminal defense attorneys […]
Read MoreYes, even if you want or plan to plead guilty to criminal charges, you still need the legal advice and counsel of experienced and courtroom-proven Maryland criminal defense lawyers. To begin, the criminal defense lawyers at the Law Office of Robert Castro want to ask: “Why do you want to plead guilty?” Let’s explore some […]
Read MoreYes, after you have been arrested by the police in Waldorf, Maryland, Maryland law enforcement officials CAN lawfully search you, your belongings, and, where applicable, portions of your vehicle. If you have been arrested or charged with a crime in Charles County, MD, call the experienced and courtroom-proven Maryland criminal defense lawyers at the Law […]
Read MoreIf you have been arrested in Waldorf, MD, or any other part of Southern Maryland, call the proven criminal defense attorneys here at the Law Office of Robert Castro. One of our main goals in representing the criminally accused is to get charges dropped — as many as we can. Every criminal charge dropped is […]
Read MoreWhat is spousal privilege? Spousal privilege covers two things: A spouse testifying against the other spouse in a civil or criminal trial and Private communications between spouses — such as text messages, letters, etc. The privilege can be invoked by either spouse and applies in both criminal and civil cases. The privilege means that a […]
Read MoreHave you received a reckless driving ticket? If so, you need to be aware that reckless driving can have a negative effect on your life. If you are convicted of reckless driving in Maryland, you can receive six points on your driving record. It requires mandatory enrollment in a Driver Improvement Program. If you already […]
Read MoreWhen they are doing their jobs, Maryland police and law enforcement officials sometimes make mistakes and, when they do, an experienced Maryland criminal defense team can use those mistakes to help get criminal charges dismissed/dropped and to have evidence excluded from trial. For this article, we will assume the mistakes are honest and not something […]
Read MoreThe answers are: “absolutely not!” and “never!” These are the same answers to the question of whether you should talk to the police after being arrested: “absolutely not!” and “never!” Let us speak frankly. Maybe you are concerned that the Maryland criminal defense lawyers here at the Law Office of Robert Castro are just looking […]
Read MoreShortly after a person is arrested for a crime, processed by the police, and placed in lockup here in Waldorf, MD, a decision will be made about the pretrial release of the person arrested. “Pretrial release” just means getting out of jail today but returning to the court for your criminal trial when it is […]
Read MoreEach year, around 20 people tragically lose their lives due to Charles County traffic accidents, many of which result from serious traffic violations. If you’ve been involved in an accident where a traffic violation occurred, you could look at severe criminal charges, including large fines and extended prison time. Nobody wants to be involved in […]
Read More“Hearsay” is a type of “bad” evidence that must be excluded from any criminal trial that takes place in Waldorf, Maryland, or in any other part of Southern Maryland. Hearsay is “bad” because it cannot be tested in court by cross-examination by your trial-tested Maryland criminal defense team. In brief, hearsay is testimony (or other […]
Read MoreYes, depending on the circumstances, it is possible for Maryland law enforcement officials to make an arrest based on an anonymous tip. On the other hand, it is a risky tactic for police officers, and the anonymous tip aspect may provide several legal defenses that can get the case dismissed. If you are arrested here […]
Read MoreYes, postings on Facebook and other social media platforms CAN be used as evidence in criminal cases. If you are charged with a crime, YOUR Facebook and other social media posts can be used as evidence in your criminal case. Likewise, the Facebook and social media posts of OTHER witnesses in your criminal trial can […]
Read MoreIf you are charged with a crime here in Waldorf, Maryland, or other parts of Southern Maryland, you are entitled to a criminal trial before a Maryland jury of your peers. A jury is composed of “regular folks” who live in and around Charles County, MD who are selected at random. One confusing aspect of […]
Read MoreIf you have been arrested and convicted of DUI/DWI charges in Charles County, Maryland, one possible punishment that can be imposed (or that must be imposed) by the Maryland criminal court judge is the requirement that you install an ignition interlock device (“IID”) on your car/vehicle. Generally, if your blood alcohol level was higher than […]
Read MoreIf you are arrested in Waldorf or elsewhere in Southern Maryland for a crime, call us here at the Law Office of Robert Castro. You want to hire the best Maryland criminal defense team that you can find. Our number is (301) 705-5253 and we are available around the clock, 24/7. We are proven and […]
Read MoreAssault charges in Maryland lead to severe consequences. You should recognize this seriousness and seek legal help if accused. Failure to get an attorney’s representation risks guilt. The results are adverse financial penalties and personal freedom loss. At the Law Office of Robert Castro, we understand the severity of assault charges and offer you proven […]
Read MoreIf you ever find yourself in a precarious situation, requested to pull over by police on suspicion of driving under the influence (DUI), you may wonder: can you refuse a breathalyzer test? By law, it does not require taking a breathalyzer test in Maryland; however, refusing to do so can come with severe consequences. Only […]
Read MoreIf you have been arrested in Charles County, MD (or elsewhere in Southern Maryland), you CAN get released from jail pending Maryland criminal trial proceedings. Most often, this requires payment of “bail.” But there are other options that may not involve the payment of money. If you need legal help after being arrested for a […]
Read MoreIf you are charged with a crime in Waldorf, Maryland or in Charles County, MD, prosecution of your case will go through several stages or steps. Without question, being arrested and/or charged is stress-inducing and it is helpful to have some idea of what to expect. In this article, we provide a brief overview of […]
Read MoreThe answer is an emphatic “no.” “Exculpatory” is a legal term meaning evidence that shows innocence or otherwise be helpful to the criminal defendant. In Waldorf, Maryland, criminal prosecuting attorneys cannot withhold exculpatory evidence from a defendant’s criminal defense lawyers. If you have been arrested or charged with a crime in Waldorf, Maryland, you need […]
Read MoreIf you hire criminal defense lawyers in Charles County, MD, eventually, you may end up being defended by your top-tier Waldorf, Maryland criminal defense attorneys at a criminal trial. Many know that ALL criminal trials are conducted before a “jury of your peers.” This means a jury composed of citizens selected from communities in Southern […]
Read MoreUnder Maryland criminal law, a person accused of a crime has a right to a trial before a jury in most cases. In some minor criminal cases, that right does not exist and, more importantly, a criminally accused can waive his or her right to a jury trial. So, what is the difference between a […]
Read MoreDepending on the facts of your case, yes, it is possible to beat a DUI/DWI charge in St. Charles County Maryland. You will need the help of an experienced DUI/DWI criminal defense team like the ones at the Law Office of Robert Castro. If you have been arrested and charged with DUI/DWI in Waldorf, MD, […]
Read MoreCar accidents occur every day in Maryland. Most accidents are the result of simple negligence, such as failing to pay attention to the road. In some cases, however, prosecutors may bring criminal charges for vehicular manslaughter if they believe the driver’s “gross negligence” led to someone’s death. Gross negligence is used to describe actions that […]
Read MoreIf you have been charged with a crime in Charles County, MD or in another part of Southern Maryland, you will need top-tier Maryland criminal defense lawyers like the ones here at the Law Office of Robert Castro. Call us at (301)705-5137. One of the possible tasks that we can undertake in your criminal defense […]
Read MoreIn Maryland, you’ll get demerit points for every traffic offense you commit. If you accumulate 8 points or more within two years, the MVA will suspend your driver’s license. But if the points reach 12, they will revoke it. MVA suspensions last anywhere between one to three years, depending on how long your Charles County […]
Read MoreIf you have been arrested or charged with a crime in Waldorf, MD or other areas of Southern Maryland, one possible defense to your case is alibi. An alibi defense asserts, essentially, that you were not at the scene of the alleged crime at the time that the crime allegedly took place. Obviously, in some […]
Read MoreWhen prosecutors believe that two or more people agreed to commit a certain crime, all of the participants in that agreement may be charged with criminal conspiracy. A conspiracy charge does not require proof that the crime was successfully completed. Nor does the government need to prove that each conspirator participated in every aspect of […]
Read MoreEven if you are never convicted of a crime, an arrest or trial still creates a public record of these activities. It is possible to seek the removal or “expungement” of these records in Maryland. But the rules governing expungement are somewhat complicated to understand. First of all, there are different types of records that […]
Read MoreWhen someone dies due to the actions of another person, there are two possible legal remedies. The first is criminal–i.e., the responsible party is charged with a crime such as murder or manslaughter. The second option is civil, typically what is known as a wrongful death lawsuit. So how exactly do the two differ? And […]
Read MoreA police officer is not always required to advise you of your rights before speaking with you. Maryland courts distinguish between arrests, investigatory stops, and consensual encounters. The first requires probable cause that a person committed (or is committing) a crime. The second only requires “reasonable suspicion” to justify a brief detention. The third requires […]
Read MoreFor many Maryland residents, a drunk driving charge is their first–and hopefully only–experience in dealing with the criminal justice system. A first-offense DUI in Maryland carries a maximum possible sentence of one year in jail and/or a $10,000 fine. Even if the court decides not to order any jail time, however, the DUI conviction will […]
Read MoreMaryland criminal law is fairly complex. There are a dizzying number of state and federal statutes defining specific criminal acts. Oftentimes, it is not clear whether a person has actually violated the law based on the plain language of the statute–and even judges may disagree as to how to interpret the law. A recent unreported […]
Read MoreThe Internet, and social media in particular, makes it easy to reach out and communicate with other people throughout the world. Unfortunately, this also makes it easier to engage in abusive or threatening conduct towards other people. And in some cases, that conduct can lead to serious criminal charges. Maryland Judge Sentences Man to 18 […]
Read MoreMany criminal arrests start as simple traffic offenses. Police often use their intuition to conduct reasonable traffic stops. However, in some situations, police pulling over a person that ends with a criminal arrest could be a violation of the Fourth Amendment. If you believe you’ve been pulled over and subsequently arrested due to an improper […]
Read MoreIt is always tragic when an auto accident results in death. But in some cases, it can also lead to criminal charges. Under Maryland law, a person may be charged with manslaughter by vehicle (aka vehicular manslaughter) if they are found to have caused the death of another by operating a vehicle “in a grossly […]
Read MoreA prior criminal record can have a significant impact on how you are sentenced for a subsequent conviction. Indeed, there are a number of federal and state laws designed to punish repeat or “career” criminals. For example, federal law makes it a crime for a previously convicted felon to possess a firearm. Normally, the maximum […]
Read MoreIt is common practice when someone is arrested on suspicion of drunk driving for the police to request a breath test. The results of such tests are often the key piece of evidence in a criminal DUI prosecution, as by law anyone with a blood-alcohol content (BAC) of 0.08% or higher is considered legally intoxicated. […]
Read MoreWhen two or more people are charged with participating in the same criminal act, it is possible to try the defendants together in a single trial. This is often done for the sake of “judicial economy,” i.e., to conserve the resources of the court and the prosecutor’s office. But the trial judge needs to weigh […]
Read MoreA person charged with any crime has the right to a jury trial. The Maryland Constitution further makes it explicit that a jury’s guilty verdict must be unanimous. Indeed, unanimity is “indispensable to the sufficiency of the verdict,” according to a long line of decisions from the Maryland Court of Appeals. Unanimity means the jury […]
Read MoreIf you live in or near Waldorf, Maryland and you’ve been convicted of a crime, then you obviously need adequate legal representation. It’s a fact that people being accused of crimes typically receive more lenient sentences with an experienced lawyer representing them than if they take their chances without an attorney, even if it’s not […]
Read MoreThe word “extortion” often conjures up a scene in a mob movie where organized crime is shaking down a shopkeeper for “protection” money. The truth, however, is that extortion covers a much broader category of threats and actions. Extortion is essentially a criminal form of blackmail–and a person may be charged, tried, and convicted even […]
Read MoreMaryland’s drug laws do more than punish people who possess or use certain “controlled substances.” In many cases they also punish individuals who possess so-called drug paraphernalia. The term “drug paraphernalia” is somewhat vague by design. It effectively enables police and prosecutors to charge someone who possesses an otherwise legal item if they can somehow […]
Read MoreThe state of Maryland takes drug trafficking charges very seriously, and there are maximum penalties that can be quite harsh. Moreover, it is important to know that in Maryland a person can be charged with drug trafficking for having a very small amount of drugs. The person who is charged with this enhanced crime may […]
Read MoreUnfortunately, many people die every year due to abuse of drugs and other controlled substances. In some cases, aggressive prosecutors may try and pursue criminal charges against the person who allegedly provided the drugs to the deceased. For example, there was recently a high-profile case in California in which a federal jury convicted a man […]
Read MoreIn many criminal cases, there may be a “lesser” offense that the jury could elect to convict the defendant of instead of the higher offense charged by the prosecution. To give a simple example, say a defendant is charged with burglary. This requires the prosecution to prove–beyond a reasonable doubt–that someone entered the property of […]
Read MoreManslaughter is a homicide that occurs without premeditation. Manslaughter can either be voluntary or involuntary. Voluntary manslaughter means someone willfully kills another person without premeditation. Involuntary manslaughter, in contrast, means the killing was neither intentional nor premeditated. Involuntary manslaughter is still a crime in Maryland. The law broadly recognizes three types of involuntary manslaughter: Unlawful […]
Read MoreMistakes happen in every profession. The law is no exception. Judges and lawyers can misread or misunderstand a key fact during a criminal trial. But what happens when that mistake significantly impacts a defendant’s basic rights? Court of Special Appeals Vacates Conviction Based on Misinformed Plea Deal A recent published decision from the Maryland Court […]
Read MoreIn general, if the police have probable cause to suspect that a car is carrying illegal contraband such as drugs, they can legally search the vehicle even if they have not first obtained a search warrant. This is a judge-created exception to the Fourth Amendment’s normal prohibition against warrantless searches. In practice, this usually means […]
Read MoreYou are a commercial driver, which means you are highly regarded in more than a regular driver. If you face a serious traffic offense charge such as a DUI (Driving under the influence), your commercial driver’s license can be suspended or revoked. Having your CDL revoked can considerably limit your business. So how can you […]
Read MoreThere are circumstances in which a police officer may stop and search a person without first obtaining a warrant. One example is what is called a Terry stop. Also known as “stop and frisk,” this is where an officer has “reasonable suspicion” that an individual may be engaged in criminal activity and carrying a weapon. […]
Read MoreSomething you often see in fictional crime dramas is the police showing a witness a “photo array” of individuals, one of whom is the person suspected of committing a crime. This is, in fact, a real procedure used by the police. But there are certain rules and restrictions governing what are known as “extrajudicial identification.” […]
Read MoreIf you are on trial for an alleged crime, you do not have to testify in your own defense. Of course, you may elect to testify. But in doing so, you potentially open the door for prosecutors to introduce certain types of evidence against you that might not otherwise be admissible. For example, the state […]
Read MoreWhen is a Terry Stop Legal in Maryland? A police officer is allowed to briefly stop and detain a person for “purposes of investigation” if the officer has “reasonable suspicion” that the subject has or is about to commit a crime. This is known as a Terry stop after a 1968 United States Supreme Court […]
Read MoreThe Constitution guarantees your right against unreasonable search and seizure by the police. A “seizure” does not necessarily mean that you have been formally placed under arrest. It refers to any scenario where a “reasonable person” would believe they were not free to leave or felt compelled to respond to police questioning. Court of Special […]
Read MoreToday most of us carry smart phones that contain a wealth of personal information. Some of that information may be seized and used as evidence against a defendant in a criminal trial. So, what is the proper procedure for tying a particular phone–or a message sent from a phone–to a defendant? Court of Special Appeals […]
Read MoreFor many Maryland residents, their most common interaction with the legal system comes in the form of a traffic ticket. Most people simply pay the fine and do not give the ticket a second thought. But what if you want to fight the ticket? What are your options? Can you actually demand a trial over […]
Read MoreAccording to the Maryland Attorney General’s office, approximately 15 million Americans are victims of “identity theft” every year. Identity theft is a type of criminal fraud that generally involves using another person’s personal information–without their consent–to obtain goods, services, or some other form of financial gain. If you are accused of identity theft, you could […]
Read MoreIn a criminal trial, witnesses are not allowed to offer hearsay as testimony. Hearsay basically means the witness cannot recount a third party’s account of what happened. For example, if you witnessed a person commit a robbery, you could testify against that person in court. But if someone merely told you that the person committed […]
Read MoreTheft occurs when someone willfully or knowingly obtains unauthorized control over someone else’s property, provided the intention is to deprive the owner of said property. Theft may include taking an item without the owner’s consent, not paying for services rendered (including acts like paying for goods with a forged check), or even using deception to […]
Read MoreA grand jury is a group of 23 citizens who are asked to consider and issue indictments–i.e., formal accusations of criminal wrongdoing against an individual. Grand juries are quite different from trial (or petit) juries. The grand jury typically only hears evidence presented by the prosecution. As the accused, you do not have the right […]
Read MoreA police officer may only initiate a lawful traffic stop if they have “reasonable suspicion” of a traffic violation or other criminal activity. To give a simple example, if a driver runs a red light in front of a police car, the officer clearly has “reasonable suspicion” to pull that driver over. In that scenario, […]
Read MoreIn any criminal trial, the defendant has the right to confront (cross-examine) the witnesses against them. One way that courts protect this right is by excluding the admission of any hearsay testimony. Hearsay refers to any out-of-court statement meant to prove the truth of the matter asserted. For example, if a witness testified in court […]
Read MoreBefore a criminal trial begins, the prosecution and the defense are allowed to question potential jurors before they are seated. The purpose of jury selection is to screen out any biases that might compromise a juror’s ability to render a fair and impartial verdict. Either side may challenge a juror “for cause,” meaning they fail […]
Read MoreThere are situations in which a person accused of a crime is considered “incompetent to stand trial” (IST). When a defendant’s mental competency is at issue, the trial court is required to conduct a hearing. If the court finds a defendant IST, the judge can release the defendant or order civil commitment to a mental […]
Read MoreWhen a possible criminal act has occurred in your presence, your first instinct may be to get away from the scene as quickly as possible. But could such a split-second decision be later introduced as evidence that you were the person who committed the crime? The answer to that question is more complicated than you […]
Read MoreThe opiate crisis has led Maryland prosecutors to crack down on anyone suspected of distributing drugs such as Fentanyl. Federal and state laws classify Fentanyl and similar opiates as a Schedule II controlled substance. This means that under Maryland law, a person convicted of distributing or possessing opiates with intent to distribute faces a maximum […]
Read MoreWith certain exceptions, it is generally against the law in Maryland for an individual to “wear, carry, or transport a handgun, whether concealed or open, on or about the person.” Historically, Maryland has considered this a “strict liability” offense. This means that prosecutors do not have to prove mens rea–that the defendant acted with knowledge–to […]
Read MoreMurder refers to the intentional killing of another human being. When death is the result of accidental but reckless behavior, prosecutors will normally charge the killer with manslaughter instead. However, if an accidental death occurs during the commission of another, unrelated felony, then prosecutors may charge the accused with murder. This is known as the […]
Read MoreA criminal trial does not end when the jury delivers a guilty verdict. There is then the matter of determining the defendant’s sentence. The trial judge is responsible for sentencing the defendant after considering information offered by the prosecution and any statements from the victims (if any). The defendant also has a statutory right to […]
Read MoreIn a criminal trial, a judge will not admit hearsay statements as evidence. Hearsay is formally defined as “a statement, other than one made by the declarant while testifying at the trial or hearing, offered as evidence to prove the truth of the matter asserted.” For example, a witness could lawfully testify that they saw […]
Read MoreIn most cases, when a minor is arrested on suspicion of breaking the law, they are tried in a juvenile court. But for certain offenses, a minor as young as 14 or 16 must be charged in adult court. In such situations, the minor can ask to have their case sent down to juvenile court, […]
Read MoreA person commits driving while impaired (DWI) in Maryland if they operate a motor vehicle with a blood-alcohol content (BAC) of at least 0.07%, and driving under the influence (DUI) if their BAC is 0.08% or greater. If police arrest you on suspicion of DUI/DWI, it is common practice to request a chemical test, i.e. […]
Read MoreTechnology makes it easy for us to keep track of people at all times. But this also raises special challenges for criminal defense. After all, if the police can simply track everyone’s whereabouts at all times, do they even need a warrant? In 2018, the U.S. Supreme Court held in Carpenter v. United States that […]
Read MoreIn any criminal proceeding where you are a suspect (or the defendant), you have the right to keep silent and not say anything. This applies not only to interrogations by the police, but also during any criminal trial. In other words, if you are tried for a crime, you cannot be compelled to testify as […]
Read MoreIn general, a Maryland prosecutor cannot introduce evidence of your “character” to prove guilt. A trial is supposed to determine if you committed a particular crime, not whether you are a person of bad character who was possibly inclined to commit a crime. That said, as the defendant you do have a right to offer […]
Read MoreThe Constitution prevents a person from being tried or convicted twice for the same crime. This is known as the prohibition against double jeopardy. At the same time, prosecutors often charge defendants with multiple crimes arising from the same set of facts. To avoid a potential double jeopardy violation, the trial judge can “merge” these […]
Read MoreWhat happens if a person is convicted of a crime but evidence is discovered later that casts doubt on that conviction? Under the rules governing criminal trials in Maryland, the defendant may ask for a new trial or other relief, but they must do so within a very strict time frame–typically one year after their […]
Read MoreMost of us associate a criminal trial with the jury. This goes back to the founding of the United States, when the Sixth Amendment to the Constitution guaranteed the right of the accused in all criminal prosecutions to a “speedy and public trial, by an impartial jury.” In Maryland, this means if you are accused […]
Read MoreCriminal drug laws do not just apply to controlled substances. They also make it illegal to possess certain items as “drug paraphernalia,” which can include anything that may be used to store a controlled substance. For example, a vial or a plastic bag may be considered drug paraphernalia. This means that if the police lawfully […]
Read MoreAlthough high-profile criminal trials get a lot of attention, in reality it is rare for any criminal case to make it that far. According to the federal government’s own statistics, roughly 97% of all federal prosecutions end in a plea bargain of some sort. A plea bargain is basically an agreement between the prosecution and […]
Read MoreThe Fourth Amendment guarantees your right to be free from “unreasonable” police stops. In plain terms, the police cannot randomly stop you without a reasonable suspicion that you might be guilty of a crime, such as drunk driving. But can that reasonable suspicion be based on something like an anonymous tip from a 911 call? […]
Read MoreTelevision crime dramas often present a misleading picture of how the system actually works. One example of this is the so-called CSI effect. If you recall, the CSI franchise is a series of fictional dramas that focus on the work of crime scene investigators–in particular, how they gather and use forensic evidence to identify potential […]
Read MoreWe all know that the criminal justice system is far from perfect. Too many people are wrongfully convicted of serious crimes every year. As a result, there are innocent people who continue to languish in prison, sometimes for decades. When a wrongfully convicted person is later exonerated, Maryland law does make it possible for them […]
Read MoreIn the United States there are separate federal and state criminal justice systems. This means that certain rules followed by one may not be applicable to the other. For example, while there are fairly detailed procedures in place in the State of Maryland to expunge certain records of a criminal arrest, these same rules do […]
Read MoreAnytime a weapon is involved in a crime, the suspect is likely to face serious criminal charges. Indeed, it is itself a crime to use a firearm in the commission of another crime under Maryland law, regardless of whether or not the weapon is loaded or actually used to injure someone. For instance, if you […]
Read MoreAlcohol and drug addiction are serious social problems that often land abusers in trouble with the law. To enable individuals to recover from their addictions many states, including Maryland, have established alternative “drug courts” that provide an alternative to imprisonment for individuals charged with crimes like DUI or possession of a controlled substance. Maryland refers […]
Read MoreEvery person on trial for a crime in Maryland has the right to have their case heard by an impartial jury. At the start of the trial, the prosecution and the defense are given the chance to ask questions of prospective jurors. This process is known as voir dire, and it is intended to screen […]
Read MoreIf you have ever testified under oath or signed a legal document making statements “under penalties of perjury,” you might be asking if anyone is ever actually prosecuted for perjury. The answer is yes. If prosecutors can prove beyond a reasonable doubt that you knowingly made a misstatement of fact while under oath, you can […]
Read MoreWhen you think of entering a plea in a criminal case, you may only think of “guilty” and “not guilty” pleas. Depending on the state you live in, however, you may have more ways to plead. Keep reading to find out what they are. No Contest Pleas A no contest or “nolo contendere” plea can […]
Read MoreUnderstanding Post-Conviction Bail Once you have been convicted of a crime, you are no longer presumed innocent. Nevertheless, you do have the legal right to appeal a conviction, and in some cases, you can remain outside of jail while you do so. To seek bail after a conviction, you must convince the judge that is […]
Read MoreAn arrest for driving under the influence of alcohol or drugs has the potential to change your whole life. DUI/DWI is a serious offense, and being charged with this crime can lead to jail time, financial penalties, and other consequences. If you are facing these charges, it is important to have experienced representation on your […]
Read MoreMedical marijuana is big business in Maryland. According to statistics compiled by the Maryland Medical Cannabis Commission (MMCC), which is the agency responsible for licensing, registering, inspecting, and testing measures that apply to Maryland’s medical cannabis program, total medical cannabis dispensary retail sales from December 2018 through December 2019 approached $270 million. For the same time […]
Read MoreWill marijuana continue to make headline news in Maryland in 2020? Stories about marijuana use, criminalization, and potential adult recreational use legalization cropped up frequently throughout the year. According to one article posted inU.S. News & World Report early in 2019, for example, Marilyn Mosby, Maryland’s prosecuting attorney in Baltimore, had decided to discontinue prosecution […]
Read MoreLike other states, Maryland can force a parent to face criminal charges in a situation that is deemed to be child endangerment. In most cases, charges are initiated after someone like a teacher or medical professional makes a report to the police or Child Services. In order to defend yourself against charges of child endangerment, […]
Read MoreHave you ever received a prescription that came with a warning not to drive or operate machinery while taking the medication? This is because the medication in question can cause drowsiness. You could injure yourself or cause injuries to someone else if you drive or work with machinery while using this medication. As people age, […]
Read MoreAs we start a new decade, the debate between gun rights and gun control proponents continues to be a source of controversy that attracts media attention. CBS News reports that, according to the Gun Violence Archive (GVA), there were over 33,000 acts of violence committed with guns in 2019. In 2017, according to information published by […]
Read MoreIf you or a loved one has been charged with a criminal offense in Maryland, the first appearance in court is one of the most important. In a Maryland criminal case, the offender is taken before the judge or court commissioner, which is his or her chance to be released after an arrest and start […]
Read MoreFacing criminal charges can be overwhelming. You are likely stressed out and concerned about your future. It is easy to let your nerves get the best of you. This can lead to you saying something that you should not. In some cases, accidental comments can actually incriminate you. This is why it is so important […]
Read MoreAs many Maryland residents know, they do not have to fear prosecution as a result of calling 911 to alert authorities that someone has overdosed on drugs. In years past, the state was covered in billboards announcing this law in response to a massive spike in drug and alcohol overdoses in the state. Also in […]
Read MoreIf you are facing criminal charges in Charles County, you will want to find the best attorney for your particular situation. You should hire someone who has experience in the courtroom and is competent. Minor criminal charges can carry long-term consequences, so do not take even a misdemeanor charge lightly. Choosing the right attorney can […]
Read MoreIf you or a loved one has been charged with a violent crime in Maryland, it is imperative that you retain a skilled Maryland criminal defense attorney. Violent crimes are felonies, and a conviction can have a serious impact on your life, including your ability to get a job, apply for loans, rent an apartment, […]
Read MoreUnfortunately, a silly prank like “mooning” someone at a public event could result in a criminal charge in Maryland for indecent exposure. State law defines indecent exposure as exposing one’s private parts or genitals in a public setting where other people are also present and could witness your actions. This is not something to take […]
Read MoreIf you or someone you love committed an act of fraud, you might be wondering what that means as far as punishment or a potential lawsuit. The main difference between civil and criminal fraud is how the matter is pursued. If someone files a lawsuit against you, it would be a civil case and the […]
Read MoreIf you or a loved one has been charged with aggravated assault in Maryland, you may be wondering what the difference is from a standard assault charge. Aggravated assault is not technically a separate crime as defined in the Maryland statutes, but references an assault that either intended to, or did, inflict severe or aggravated […]
Read MoreSome people use the terms burglary and robbery interchangeably. However, they are actually separate and distinct charges with different penalties. Burglary is different from a home invasion, as well. If you have been charged with burglary or a home invasion, it is imperative that you speak with a Maryland criminal defense attorney as soon as […]
Read MoreCourts issue bench warrants when circumstances necessitate it. They are common in Maryland courts when someone misses a court date. In these cases, the judge will issue a bench warrant that instructs law enforcement officers to hold or arrest the individual if he or she fails to obey an issued court order or failed to […]
Read MoreHave you been charged with shoplifting in Maryland? Even something as minor as stealing a candy bar on a dare can result in serious legal consequences. The state of Maryland takes shoplifting seriously, which is why you need a knowledgeable Charles County criminal defense attorney. In addition to criminal charges, store owners may sue you […]
Read MoreProstitution is not permitted in Maryland in any form. This includes solicitation, which is the act of buying, known as assignation in the state; selling; and pimping, which is primarily linked to human trafficking in Maryland. The switch in focus from pimping, or pandering as it was commonly known, to human trafficking was an important […]
Read MoreIt may surprise you to learn that a majority of criminal cases resolve by a plea bargain rather than a trial. This is when a defendant agrees to take a deal and pleads guilty to a lesser crime. In exchange, the prosecutor will recommend that the judge impose a lighter sentence. A plea bargain is […]
Read MoreThe act of forgery in Maryland contains several elements that, when present, would add up to a convictable offense. In order to proceed, the prosecutor has to show evidence that would make a jury believe beyond a reasonable doubt that the state met its burden of proof. Forgery is the possession with intent to use, […]
Read MoreBeing charged with a crime is a stressful and worrisome experience. It can become even more confusing if you do not understand how the criminal process works and in what court you are being charged. In general, criminal charges are classified as either a misdemeanor or a felony. Felonies carry more serious penalties, typically, including […]
Read MoreIf you have been accused or arrested for a cybercrime, it is imperative you speak with a Waldorf criminal defense attorney right away. Some internet crimes are felonies and can result in hefty sentences if convicted. Someone who is convicted of a cybercrime offense will have more difficulty obtaining a job once released from prison. […]
Read MoreMaryland law is strict when it comes to penalties for vehicular manslaughter, especially when committed while under the influence of alcohol. The most severe penalties are reserved for a drunk driver who causes someone else’s death. A person who is driving under the influence and unintentionally kills someone else can be charged with vehicular manslaughter […]
Read MoreThe court system in the United States is divided up between the civil and criminal justice systems. While they might seem similar in some ways, there are some notable differences. These differences primarily revolve around: Who can file a lawsuit or bring charges; The punishment and applicable laws; and What the burden of proof is. […]
Read MoreBeing arrested for drinking and driving is already a serious offense on its own. If the arrest involves someone who is not of legal drinking age, then there is even more cause for concern. If your teenager has been arrested for drinking and driving, it is imperative that you contact a skilled Maryland criminal defense […]
Read MoreCannabidiol (CBD) has the ability to treat a number of chronic conditions, thereby increasing its demand. It is used in a variety of products, including marijuana oil. However, there is a question on whether marijuana oil is legal in various states, including Maryland. While CBD is legal in all US states, certain derivatives are illegal, […]
Read MoreThe crime of carjacking is a serious offense in Maryland and other states. If you have been accused of a carjacking, you could be facing some serious prison time. This offense should not be taken lightly. If you or someone you love has been charged with carjacking, it is imperative you speak to a skilled […]
Read MoreVideo is one of the most popular types of media content created today, and many of these videos are uploaded to YouTube where they may, in some instances, go viral. What happens if you post a video that depicts you or someone else committing a crime? Can you be charged in Maryland? The answer is […]
Read MoreThe term ‘white collar crime’ is typically used to describe crimes that are nonviolent and are committed by professionals, primarily for financial gain. These types of crimes are often investigated by the Securities and Exchange Commission (SEC), the National Association of Securities Dealers (NASD), and the Federal Bureau of Investigation (FBI). In Maryland, there are […]
Read MoreIf you or an immediate family member have been arrested for a DUI or DWI, it is important to speak with a Maryland criminal-defense attorney right away. A DUI stands for driving under the influence, while and a DWI stands for driving while intoxicated. The intoxication can be from drugs, alcohol, or some other type […]
Read MoreLike other US states, Maryland has its own drunk driving laws. It also has a special law called Noah’s Law, which helped make ignition interlock devices mandatory for all drivers who were recently convicted of a DUI or DWI. History of Noah’s Law Noah’s Law became effective in 2016 and is named after a 24-year-old […]
Read MoreThe term “sexting” refers to the electronic transmission of sexually explicit, suggestive, or nude photos. It is usually done by cell phone using text messages or iMessage, but it can also be done over social media sites like Snapchat and Facebook. Some states have enacted specific laws that deal with sexting, but Maryland has not. […]
Read MoreUnfortunately, all it takes is one bad decision to result in consequences that can haunt you for the rest of your life. In the event you have been arrested for drinking and driving, it is important to retain a skilled Maryland criminal defense attorney to represent you. A criminal defense attorney who specializes in DUI/DWI […]
Read MoreMaryland judges have a number of options when sentencing an offender. Ordering a period of probation is common, especially for first time offenders and minor offenses. Essentially, a judge offers probation rather than the maximum penalty allotted under the case. As long as you do not commit any additional violations and you comply with all […]
Read MoreMaryland enacted a Good Samaritan Law in 2015, which affords some protection against arrest and prosecution for several stated crimes. It was primarily enacted to protect people who administer assistance in an emergency situation involving any type of drug overdose, where the individual might fear risk of arrest and prosecution. The necessity for a law […]
Read MoreObviously, everyone would love to have their criminal record expunged, but only some cases qualify. Expungement means information about a criminal offense is removed from court and law enforcement records, as though it never happened. What Types of Records can be Expunged? There are several types of records that may be eligible for expungement. In […]
Read MoreThe Fourth Amendment of the United States Constitution protects you against unlawful search and seizure, which can generally prohibit random searches of your vehicle by police. If the police search your vehicle without a valid warrant, a legitimate reason, or without your permission, they may be violating your Fourth Amendment rights. However, there are some […]
Read MoreAccording to CNN Money, Maryland Attorney General Brian Frosh may be heading up an investigation into Kushner Companies for potential abusive debt collection practices and poor conditions at several of its Maryland area properties. Westminster Management Media reports surfaced earlier in the year that exposed alleged coercive tactics and inferior maintenance procedures in multi-family properties […]
Read MoreOne of the new laws that went into effect October 1, 2017 is helping more than 600,000 Maryland drivers expunge their driving records. House Bill 1017 was passed during the 2017 legislative session and allows for automatic expungement of eligible driving records. The new law eliminates the need for residents to apply for expungement, which […]
Read MoreFor the third year in a row, Maryland was not awarded any assistance from a federal funding program that would help process a large backlog of untested rape kits in the state. According to The Baltimore Sun, the Baltimore County Police Department applied for the federal grant the first two years and was denied both […]
Read MoreDrinking and driving in the state of Maryland is illegal, as it is elsewhere in the United States. If you are arrested for an offense related to impaired driving in the state, you can face immediate administrative sanctions, as well as criminal penalties and driver’s license sanctions if convicted. Legal Limit on Blood Alcohol Concentration […]
Read MoreSexual abuse is an uncomfortable topic on its face, and an even more uncomfortable topic to try and address with your own children. However, shocking cases, like the recent matter of a Charles County ex-school aide charged with 119 counts of abuse, illustrate why these conversations need to happen. It is estimated that at least […]
Read MoreOur genetic structure can tell a lot about the type of people we are, the possible risks of contracting certain genetic diseases, and any predisposition that we may or may not have to certain ailments. Though this is the type of information that is critical to understanding and assessing our health risks and whether we […]
Read MoreIn the United States, when someone violates a law, whether under criminal or civil practice, the victim or the plaintiff will have a certain amount of time to bring either criminal or civil proceedings. The time between the injury or harm and when the victim/plaintiff must bring a claim is called the statute of limitations. […]
Read MoreChildren are one of the most vulnerable populations in our society. This is due not only to their age, but the effect that a lack of maturity and inexperience can have on the child’s ability to perceive life situations and encounters with others, whether it is a family member, another child, or a stranger. Children […]
Read MoreOpioid addiction and drug abuse are serious issues in the state of Maryland, as they are around the country. In Baltimore City, for example, there are an estimated 19,000 people who inject drugs, with at least 481 fatal overdoses reported from January 2016 until September 2016. This represents a 65% increase for the same time […]
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