Posted on March 08, 2023 in Criminal Defense

Obviously, if you’ve been charged with a crime, your goal is to have the charge dropped or be found not guilty. Sometimes, that’s just not possible. If you are facing incarceration for a DUI/DWI or another non-violent crime, you may well be able to serve your sentence without having to be locked up.

Like other states, Maryland offers electronic monitoring to some people in an effort to reduce the overcrowded conditions in our jails and prisons. This is commonly known as "house arrest" or "home detention," even though it typically doesn’t require staying at home all of the time. Those in the program are generally allowed to go to work and school as well as participate in court-ordered rehabilitation programs and community service.

Electronic monitoring can also be used as an alternative to pretrial incarceration. It may be used as a condition of early release or probation.

Understanding the rules is crucial

If you’re going to pursue house arrest as an alternative to jail, it’s crucial to understand what it involves and be confident that you can abide by the requirements and restrictions. Your location will be tracked by an electronic device – typically an ankle monitor – via GPS. People in these programs are monitored by law enforcement personnel within the county.

Continue Reading ››

 Posted on February 22, 2023 in Criminal Defense

Domestic violence is a serious offense that can affect your life in many ways. According to Maryland’s 2016 Senate Bill 578/HB 167, this crime involves an act of abuse against a current or former spouse, a cohabitant or a relative by blood, marriage or adoption. If someone in these categories accuses you of an abusive act, you may be charged with domestic violence.

Here are four mistakes to avoid when this happens:

Contacting them

Once you learn of the accusation, you may be tempted to contact the alleged victim. However, think twice before doing this because what you say or do can worsen the situation. Avoid calling, texting or visiting them while your case is pending and, in some cases, even after it ends.

Discussing the case with others

Undoubtedly, you may want to discuss the case with your loved ones to give your side of the story. While this is understandable, anything you say can be used against you. Thus, avoid discussing the case with others or posting it on social media.

Continue Reading ››

 Posted on February 13, 2023 in Criminal Defense

If you find yourself in the midst of a traffic stop and asked to take a field sobriety test, you need to know your rights. Many drivers are left unsure about whether they can refuse such tests or if it would make their situation worse.

In Maryland, as in all states, you can refuse to take a field sobriety test if an officer asks you to do so. This is because they are voluntary and not required by law.

What are field sobriety tests?

If you get pulled over in Maryland on suspicion of driving under the influence, the officer may require you to take a field sobriety test. This is a series of tests designed to help the officer determine whether or not you have been drinking and determine if intoxication is causing your behavior or motor skills to be impaired.

The test may involve standing on one leg for a certain amount of time (One Leg Stand Test), being asked to follow a pen with your eyes as the officer moves it from side to side (HGN Test), being asked to walk in a straight line and do a pivot turn exactly how the officer shows you (Walk and Turn Test), being asked about your name and address, counting backward from a certain number, or moving specific body parts when instructed by the officer.

Continue Reading ››

 Posted on January 27, 2023 in Criminal Defense

Facing any kind of criminal charges can be stressful and worrisome, given what is at stake. The fear of losing one’s freedom for a long time is perhaps why many defendants rush into agreeing to plea deals without knowing the consequences.

Therefore, it helps to understand how plea bargains work before deciding whether to accept such a deal. Below are some of the things you need to know:

You waive some of your constitutional rights with a plea deal

You have a right to a jury trial, a right to confront witnesses and a right against self-incrimination. However, accepting a plea deal means giving up these and other crucial constitutional rights you would have otherwise exercised.

You will bear the consequences of a guilty plea

Pleading guilty translates to breaking the law. As such, you will have to face legal penalties for the offenses you have admitted to committing. Depending on the nature of the crime, it could result in jail time, fines and a criminal record, among other legal sanctions. You could also faced enhanced penalties in the future due to your criminal record if you ever re-offend.

Continue Reading ››

 Posted on January 22, 2023 in Criminal Defense

The epidemic of drug addiction shows no signs of abating. That’s why in recent years, state lawmakers throughout the country have enacted laws they hope will at least lessen the number of overdose deaths.

These "Good Samaritan" laws give some immunity from arrest and prosecution for drug-related charges to those who report an overdose and remain at the scene to provide information to first responders and law enforcement as well as for those who are able to seek help for their own overdose.

Each state’s law is somewhat different. Some have more restrictions than others. Some provide more immunity than others. All recognize that the faster someone gets medical attention, the greater their chances are of surviving. Let’s look at Maryland’s law.

Protections offered by Maryland’s law

State law provides immunity from arrest and prosecution for offenses involving the possession or use of a dangerous controlled substance or drug paraphernalia. It also provides some immunity from prosecution for being a minor in possession of alcohol or providing alcohol to a minor. The law further protects someone who seeks help "in good faith" for themselves or another person from being penalized for violating a condition of their probation, parole or pre-trial release.

Continue Reading ››

 Posted on December 30, 2022 in Criminal Defense

If you are sentenced for a crime, you may be placed on probation either before or after incarceration or instead of incarceration. Probation can be supervised or unsupervised. Supervised probation allows you to remain out of jail, in the community but monitored by a probation officer. While you are on probation, you must follow specific rules known as conditions or terms of probation. Some terms of probation are universal and apply to everyone, such as the condition to obey all laws. Others are more specific and ordered on a case by case basis. You could be prosecuted and your probation could be revoked if you violate the terms of your probation.

Understanding what may happen if you violate your probation can help you understand the importance of adhering to all the rules and regulations set. Sometimes, you will receive a warning and get a chance to correct the behavior. However, if your probation officer writes a report for the violation, it will probably result in a formal violation being issued and filed with the court. The possible penalties for a technical violation are different and less punitive then the possible penalties for a non-technical violation. The final decision as to what penalty will be imposed is always up to the judge.

Continue Reading ››

 Posted on December 22, 2022 in Criminal Defense

Any driver that is pulled over by a police officer is most likely going to be told that they have committed a traffic offense. In Maryland, if you have been charged with a minor traffic offense, you mostly have the choice to appear in court or to just pay the fine associated with the offense. Many traffic offenses, even minor ones, include points. So, it makes most sense to ask for a hearing in order to request probation before judgment to avoid incurring points on your license because points result in insurance costs going up.

There are serious traffic offenses in Maryland as well, which are considered "must appear" offenses. You will actually see "must appear" on the citation you are issued. For instance, driving under the influence (DUI) is a serious traffic offense that you must appear in court for, and could result in jail time. Drivers accused of a DUI offense in Maryland could also lose their driver’s license and be ordered to pay a large fine.

When might a driver in Maryland face accusations of committing a DUI offense?Examples of when an officer will investigate for DUI/DWI:

Continue Reading ››

 Posted on December 01, 2022 in Criminal Defense

Hypothetical situation involving criminal charges after a search of your home:

You’re facing criminal charges and the prosecution claims they have compelling evidence against you which was obtained during a search of your home. Law enforcement knocked on your door and asked to search your home. You told them "NO." You never gave law enforcement permission, which means they had to follow the appropriate legal protocols before conducting a search of your home without your consent.

Absent a true emergency, or consent, law enforcement officers cannot enter your home without a warrant. Most likely, if consent to search is denied by a suspect, the police will attempt to get a search warrant. Search warrants are not always based on accurate information and sometimes they lack particularity. Therefore, even with a search warrant, the State might have to deal with evidence being suppressed due to the search warrant being defective in various ways. If this hypothetical situation sounds similar to your case, then you should contact an experienced criminal attorney to learn more about how you can protect yourself from unlawful searches, your rights under the Fourth Amendment/Article 26 of the Maryland Declaration of Rights, and evidence that should be suppressed.

Continue Reading ››

 Posted on November 14, 2022 in Criminal Defense

Courts in Annapolis and across Maryland issue protective orders (commonly referred to as a restraining order) when they have credible evidence of potential violence between two parties, or other types of abuse. In Maryland, protective orders are obtained either in the District Court or Circuit Court.

What counts as abuse, for a protective order?

• An act that causes serious bodily harm (e.g., kicking, punching, choking/strangling, shoving, shooting, hitting with an object, stabbing, or biting);
• An act that places a person in fear of imminent serious bodily harm (including threats of harm);
• Assault;
• Rape or sexual assault (including attempts)
• False imprisonment;
• Mental injury to a minor child;
• Stalking; or
• Revenge porn

If a protection order is taken out against you in Maryland, you need to understand your legal rights – and the restrictions you’re under for the time being.

Here are two serious mistakes you want to steer clear of if a restraining order is issued against you:

Continue Reading ››

 Posted on November 13, 2022 in Criminal Defense

If you are arrested for drunk driving, you will have plenty of time to reflect and you will most likely start worrying about the possible consequences. Instead of worrying, you need to come up with a plan. Meet with an attorney to prepare for your trial date.

How you might beat the charge:

1. Why did the police stop you in the first place?

Police cannot just stop you for any reason. There must be probable cause to pull you over. Examples of reasons for legal stops include speeding, running a red light, driving over the yellow center line, tail-light out, expired tags etc.

If the officer does not have a valid reason to pull you over, then the rest of the facts in their report after the stop should be suppressed. With the suppression of evidence obtained after the stop, it could be very hard or impossible for the state to prove a drunk driving charge against you. Evidence that led to your arrest for drunk driving may include the odor of alcohol coming from your breath, slurred speech, red shot eyes, glassy eyes, clues from your performance on the Standardized Field Sobriety Test, Blood Alcohol Content etc. If the stop is not valid, then the rest of the evidence after the stop should not be heard by the court.

Continue Reading ››