Posted on September 23, 2024 in Criminal Defense

In 2024, Maryland enacted several notable changes and additions to its criminal statutes, reflecting ongoing efforts to address public safety and criminal justice reform. Here are key amendments and their implications:

Key Changes to Criminal Statutes

1. Increased Penalties for Repeat Offenders:
   • Law: Stricter penalties were introduced for repeat offenders of violent crimes and certain drug offenses.
   • Implication: Offenders with multiple convictions may face enhanced sentences, including mandatory minimums.
2. Hate Crimes Legislation:
   • Law: Expanded the definition of hate crimes to include a broader range of protected characteristics.
   • Penalty: Enhanced penalties for crimes motivated by bias or hate.
   • Implication: Increased focus on prosecuting hate crimes more vigorously.
3. Crimes Against Children:
   • Law: New provisions to increase penalties for offenses against minors, including mandatory minimum sentences for sexual offenses.

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 Posted on September 20, 2024 in Criminal Defense

In recent years, Maryland has made significant changes to its DUI (Driving Under the Influence) and DWI (Driving While Impaired) laws, particularly concerning the expungement of records. This article explores the implications of these changes, especially regarding the expungement of charges after a 15-year probation before judgment (PBJ).

What is PBJ?

Probation before judgment (PBJ) is a legal option in Maryland that allows a judge to defer a finding of guilt and instead place the defendant on probation. If the individual successfully completes the terms of probation, they avoid a conviction on their record. This option is often granted in cases of DUI and DWI offenses, allowing individuals a chance to move forward without the long-term consequences of a criminal conviction.

New Expungement Law Overview

Effective changes to expungement laws in Maryland now provide clearer pathways for individuals with PBJ statuses. Previously, expungement options were limited and often complex. However, recent reforms have streamlined this process, allowing for a more accessible approach to clearing one’s record.

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 Posted on September 20, 2024 in Criminal Defense

If you made a statement to the police without being read your Miranda rights, it may impact the admissibility of your statements in court. Here’s a breakdown of the key concepts:

1. Custodial Interrogation: If you were in custody and subjected to interrogation, the police are required to inform you of your Miranda rights.
2. Free to Leave: If you were not free to leave during questioning, it typically qualifies as a custodial situation.
3. False Promises: If the police made false promises or assurances that influenced your decision to speak, it could affect the voluntariness of your admissions.
4. Cooperation: If you believed cooperating would lead to leniency, this might also factor into whether your statements were voluntary.
5. Self-Incrimination: Under the Fifth Amendment, you have the right not to incriminate yourself, and this includes the right to remain silent.

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 Posted on June 16, 2023 in Criminal Defense

You may be savvy enough to realize that law enforcement officers have the legal right to lie to suspects during an investigation. For example, they can say they have hard evidence that incriminates you even if they have nothing.

However, police officers must generally be more careful about what they do and say when executing a search warrant. They risk harming the prosecution’s case if they violate your rights or break protocol during search procedures.

Below are two lies the police can’t tell you when they approach your home or other property for a search.

"We have a warrant" (when they don’t)

Law enforcement may not tell you they have a search warrant if they do not have one. That’s one reason you should always ask to see the warrant before you allow them in.

If they falsely claim to have a warrant, the court may disallow or suppress the evidence obtained in the unlawful search. In one criminal case, the court ruled that "consent based upon a false assertion" is invalid.

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 Posted on May 26, 2023 in Criminal Defense

Eye witness testimonies play a crucial role in the criminal justice system. This is because eyewitnesses are sworn to honesty and help provide clear insight and facts regarding an alleged crime.

However, there have been troubling questions about the accuracy of human memory. Moreover, a witness can create some parts of the testimony and be manipulated, leading to a wrongful conviction.

Here are various ways an eyewitness testimony can be challenged:

Exposing bias that resulted in false identification

In some cases, animosity might exist between the witness and the defendant. This can result in the witness falsely identifying the defendant. So, if the witness knows the defendant, their testimony can be challenged by looking for hidden motives that influenced the witness to identify the defendant falsely.

Challenging the memory of the witness

Memories aren’t stored in the brain in a static state. Instead, they change every time they are retrieved. This means they can become partial or degraded when being made or remembered. In addition, memories can evolve whenever there is new information, and the witness might not realize that their memories have changed. Therefore, eyewitness testimony can be challenged, especially if time has passed between the incident and the identification of the defendant.

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 Posted on May 23, 2023 in Criminal Defense

If you face criminal charges, you are likely aware that a conviction will appear on your record. It can have far-reaching consequences on your life, such as when looking for a job or housing.

Fortunately, it is sometimes possible to expunge your case and have the record erased, sealed or inaccessible to the public. An expungement can help deal with the inconveniences of having a criminal record since your run-in with the law will not show up in regular background checks, and you do not have to disclose such information.

So, can you expunge a DUI conviction and get a clean slate? Here is what you need to know about the law in Maryland.

You might be able to expunge a charge, but not a conviction

While it is possible to get an expungement if you were arrested for a DUI but not charged or if your charges resulted in an acquittal or were dismissed, it is not possible to expunge a drunk driving conviction. Certain cases are ineligible for expungement in Maryland, and a DUI conviction is one of them.

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 Posted on May 02, 2023 in Criminal Defense

Trespassing is the act of entering someone else’s property without permission. The trespasser is the person who does this, and they can often be removed from the property by the authorities. For instance, someone could be trespassing in a home or a business.

But you may also have heard the term "trespassed." This is a bit newer in English usage than other variations of the word, but the meaning is exactly what you would expect: If you get trespassed, it simply means that you’re being asked to leave a location on the grounds that you are trespassing. The property owner no longer wants you to be there and they do have a right to ask you to leave.

Why would this happen?

Things like this sometimes happen in stores or other businesses when one customer is causing a commotion or harassing other people in the store. The store owner can then ask the person to leave their private business. If that person refuses to do so, the store owner can contact the authorities to have them trespassed. The police then have the legal ability to remove them from the location.

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 Posted on April 26, 2023 in Criminal Defense

Maryland law does not explicitly categorize specific violent offenses as "domestic." Basically, any crime —including assault – that affects the intimately-connected relationships within a family or romantic relationship (present or former) is generally considered a domestic offense.

If you are charged with domestic violence, you’ll need to understand and protect your legal rights. These are three types of conduct that may lead to domestic violence charges in Maryland.

• Physical abuse – This is, perhaps, the most common form of domestic abuse. Physical assault can include punching, hitting or shoving the victim. It can also include any physical aggression towards the other party.
• Emotional abuse – Also known as mental or psychological abuse, emotional abuse involves any act that is intended to degrade, humiliate, isolate or control the other party. The overall goals of emotional abuse are to scare, shame or make the victim reliant on the abuser. Blackmail and threats can also be categorized as emotional abuse.

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 Posted on April 06, 2023 in Criminal Defense

It’s almost an invisible crime — parents who compromise their minor children’s future credit scores to obtain credit in their kids’ names.

But make no mistake, it is indeed a crime to steal your child’s identity. Could you be prosecuted for this crime? That depends greatly on who discovers the incident and whether they choose to press charges.

What if you used it to get utility services?

A desperate parent with an outstanding bill in their name for gas or electrical services might resort to using their child’s Social Security number to get or keep utilities on in the home. While still not legal, that might be viewed as harder to prosecute than cases where the parents use their kids’ SS numbers to rack up debt for luxury purchases or to fund drug or alcohol habits.

Does the child need to press charges?

Children whose parents have racked up debt in their names typically learn of the deception once they are 18 or older and apply for credit. They can, and often do, sign identity theft charges against their parents.

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 Posted on March 24, 2023 in Criminal Defense

Disorderly conduct is a misdemeanor, but being convicted of it can result in heavy penalties. According to Maryland law, acting willfully in a disorderly manner that disturbs public peace constitutes disorderly conduct.

Examples may include public intoxication, engaging in immoral actions or soliciting another person to do so, making unnecessary noises and engaging in fights or other violent behaviors that threaten the safety of others.

Here is what you may need to do when charged with this offense:

Learn more about your case

Technicalities matter in disorderly conduct, from definitions to intent. Thus, it will be best to learn more about your case with the help of a professional. You should understand why you got the charge and how to defend it. Ignoring a disorderly conduct charge, deeming it insignificant, can result in serious consequences.

Avoid other offenses

When charged with disorderly conduct, you should avoid other violations, especially public ones. Multiple offenses can work to your disadvantage, as law enforcement can use them to weaken your defenses.

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