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 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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