Maryland Criminal Defense Lawyer Blog

Maryland Considers Banning Facebook/Text Harassment

2010-03-02T15:31:00.001-05:00

Two bills before the Maryland legislature seek to expand the legal definitions of “harassment”. As technology evolves, so must the laws and as they stand harassment laws only cover telephone harassment and email.

According to the Washington Examiner, bullying someone via text or on social networking sites like Facebook could soon be against the law. There have been several reports in the media lately about such harassment, supposedly making these laws necessary.

Email was added to the harassment laws back in 1998. According to the statute, however, it only applies to messages sent from one person’s IP address to another’s, which just doesn’t fit posting on networks like Twitter, Facebook, or MySpace. Electronic harassment, if the legislation passes, would be applicable to all of these and also contain working banning harassment via text messages.

The penalty for these offenses would also be boosted, punishing it similarly to telephone harassment with a maximum sentence of 3 years in prison and $5,000 in fines.

Like stalking, harassment charges typically happen between two people who know each other. While recent examples in the media have involved high school students, harassment among adults is still quite common.

Oftentimes, the person accused of harassment doesn’t even realize that what they were doing could be considered a criminal offense. Unfortunately, however, ignorance of the law is not a justifiable legal defense.

If you are facing charges of harassment I can help. When accused of putting someone in fear, threatening them, or even stalking them, you can feel like the whole system is set up against you. This is where having an aggressive defense lawyer comes in handy.

Contact me today for a consultation on a Maryland criminal charge.

Ignition Interlock Device Laws Debated

2010-03-01T13:48:00.003-05:00

Proposed new legislation to require ignition interlock devices for anyone convicted of a first time DUI charge in Maryland got a boost, when Governor O'Malley went on record supporting such a measure, stating he would sign the bill.

The bill passed the State Senate last year, but was stalled by the House Judiciary Committee. The chairman of that committee is known to be a criminal defense attorney who is skeptical of these measures, but there is good reason to question whether this legislation would go too far in punishing average citizens.

An ignition interlock device is a system that requires a driver to blow into a device and prove that they don't have any alcohol on their breath before the car's ignition will start. The device

Restaurant and bar industry advocates suggest that it is unfair to tag someone who makes a one-time mistake, barely over the legal limit of .08%BAC with the same penalty as someone with a history of alcohol abuse, who may be driving several times over the limit for alcohol impairment. A law like this takes away judicial discretion to make a distinction between these two types of cases, and would require an interlock device to be installed for any 1st offense DUI. Current law makes these devices available at a judge's discretion, or in cases where a defendant may choose a shorter license suspension in exchange for one of these devices.

The new law would require the devices for anyone facing DUI penalties, even if they are given a Probation Before Judgment, or PBJ, which is not considered the same as a conviction by Maryland DUI laws.

Former County Prosecutor Facing Carjacking and Armed Robbery Charges

2010-01-26T15:18:00.002-05:00

Isaiah Dixon III, a former Baltimore County Prosecutor is being held on charges of carjacking and armed robbery. According to the Baltimore Sun, at last check, Dixon was being held at the Baltimore County Detention Center, in what is an unexpected view for him, from the other side of the bars.

Dixon is accused of taking a 2009 Honda Accord from its 31 year old female owner earlier in the week. The robbery happened on Smith Avenue outside of Shoppers Food & Pharmacy. Dixon allegedly used a knife and threatened the woman, who handed over her keys. When Dixon was pulled over later in the day on Belle Avenue, he ran from the car but was apprehended and arrested.

This isn’t Dixon’s first run in with the law. As a matter of fact, proceedings to remove him from the bar are currently underway. Dixon, who practices out of Towson, is said to have taken on new clients as late as July of last year, even after he was notified of the complaints against him.
Thos complaints originate with Dixon’s past drug issues and this current incident causes one to wonder if those issues are, in fact, in the past.

A drug problem can cause people to do things completely out of character. A once highly respected professional man can turn down a path of self destruction and crime when addiction is in the picture.

While drugs aren’t a valid defense in the criminal courts, the courts do occasionally provide resources for people who are accused of crimes related to drug addiction. This is especially true for cases involving possession of a controlled substances or possession of marijuana.

If you find yourself facing criminal charges and aren’t sure what options you have, a consultation with a defense attorney is in order. Together we can take a look at your case and determine the best course of action.

Whether you are up against charges of drug possession or even theft, misdemeanor or felony charges, I may be able to help. Call me today for a consultation.

Holiday DUI Checkpoints in Maryland

2009-12-30T15:06:00.002-05:00

Over the holidays people tend to drink alcohol a bit more freely. The police are well aware of this upswing in drunk driving incidences and often set up checkpoints or saturation points to stop DUI offenders in their tracks. In Hartford County, these checkpoints are being credited with 4 arrests over a 2 day period.

Checkpoints are set up in random areas across the state where law enforcement agencies come together to prevent drunk driving tragedies. State Troopers and local police often work together to make operations like this run as smoothly as possible.

According to the Baltimore Sun, a two day saturation patrol ended in more than 100 warnings and citations in addition to the 4 DUI arrests. They also state two arrests were made unrelated to driving while intoxicated.

With holiday parties, football, and friendly gatherings drinking seems to be more common at this time of year. Unfortunately, it seems that there is always a holiday drunk driving tragedy in the news, where an accident claims the life of someone who was traveling home for the holidays or shopping for those last few gifts.

Police and other organizations seek to minimize the occurrences of these Christmastime tragedies by taking preventative measures like the saturation points. By randomly stopping vehicles, they aren’t only taking those drunk drivers off the road, but possibly deterring others from getting behind the wheel in the first place.

But it is certainly questionable whether these is an effective use of police resources, as opposed to regular patrols. A case can be made that stopping every car looking for possible drunk drivers means there are less patrols on the road watching for seriously impaired people weaving across the road.

Regardless, if you are stopped for DUI you are facing some serious consequences. For many people, a single DUI can be a life changing experience. For others, a second and third offense with stricter penalties seems to be the wakeup call required.

No matter how many times you have been before a judge for a DUI, it will still make you nervous and add stress to your life. If you are facing DUI charges in the state of Maryland, you need the assistance of an aggressive defense attorney.

Call me now to discuss the details of your case.

Baltimore Mayor Dixon Guilty of Embezzlement The mayor faced 5 charges, was acquitted on 3, deadlocked on one, and found guilty of the last. Facing se

2009-12-09T17:38:00.002-05:00

The mayor faced 5 charges, was acquitted on 3, deadlocked on one, and found guilty of the last. Facing sentencing for embezzlement, the Mayor’s continued service to the city is now in question.

Many in the community and in local city government believe the Mayor should step down or be forced to leave after being convicted of this misdemeanor charge. It’s not the amount of embezzlement they are concerned about but rather the loss of trust they now have towards Dixon.

The misdemeanor conviction was for using gift cards that were purchased by Developer Patrick Turner for the “children of Baltimore.” They were a charitable donation to the city but were used by Dixon to purchase things for herself and her aides, according to the Baltimore Sun report.

The investigation in this case dates back to March 2006 and involved raids on her home and interviews with people in the Mayor’s close circle. The company that donated the gift cards in question is owned by Dixon’s former boyfriend.

Her defense team argued that Dixon believed the cards were from her boyfriend at the time, Lipscomb, and when they arrived in an unmarked envelope she had no other indication that they weren’t intended for her usage. That argument ultimately failed.

Embezzlement is considered a fraud related white collar crime and is essentially theft from your employer. Because Dixon’s employer is the city of Baltimore and the people as well, it is unclear right now what will become of her job.

As for her sentence, Dixon could face time in prison, though this is not likely. More likely, because of her clean criminal record, Dixon will be sentenced to serve some sort of probation, whether supervised or not.

Being charged with theft or any white collar crime can be humiliating and this case just goes to show it can happen to just about anyone. If you are facing criminal charges in Maryland of this nature and need help, contact me immediately.

Maryland Theft Charges Dropped Due to Officer No Show

2009-11-18T13:46:00.003-05:00

This article from the Baltimore Sun details one way in which criminal court cases get dropped on what many people refer to as “a technicality”. Everyone was there except the arresting officer, resulting in numerous criminal charges against Walter Grant being dropped.

Oftentimes the case against a criminal defendant rests solely on the report written by the arresting officer. The attorneys must be able to call this officer as a witness and when they are not, the charges get dropped.

The article details how things like this happen and it basically boils down to a complicated system with several parts not working optimally. Several parties involved were quick to point the finger at why this happened or who should be responsible, but it seemed as if no one had a solution.

For Walter Grant, the bureaucracy worked in his favor. Once facing charges of possessing stolen vehicle, Grant, a convicted felon, walked away from that court date as if nothing had happened.

While cases like this do happen, when you are facing criminal charges you cannot depend on it. You have to be ready to defend your case and hope for the best.

Theft charges like those Grant was facing come with fairly stringent sentences and one would be mistaken to assume they might get charges dropped “on a technicality”. This is where having an experienced defense attorney comes in.

As your defense attorneys, we plan for all possibilities. Our experienced defense lawyers will examine your case from the moment of your arrest to the present, ensuring the police acted in accordance with the laws and procedures designed to protect your rights.

Next, together, we will come up with a plan. That plan might include possible defense strategies and the possibility of reaching a plea bargain with the prosecution. Throughout this process we will act as your advocate, providing you with sound legal advice while being open to your input.

If you are facing criminal charges in Maryland, whether they are related to drugs, theft, DUI, or assault, we can help. Contact us today to discuss the details of your case.

Maryland Among States Using Mobile Fingerprint Devices for Criminal Cases

2009-11-03T21:50:00.001-05:00

Technology is constantly moving forward. The military is consistently supplying the civilian world with innovative devices to assist in crime fighting and the fight against terrorism. Mobile fingerprinting devices are being used in several cities across the country, including some Baltimore suburbs.

As this article from the Washington Post discusses, technology for the mobile devices being used in Maryland and Virginia comes directly from the military. These devices, when used in police work, are useful in identifying both suspects and victims.

The Post outlines several cases where the devices were useful in identifying bodies or accident victims. However, police are most interested in using them to identify suspects who may be lying about their identity.

For now, the police can only scan someone’s fingerprints if they are under arrest or if they agree to submit. Interestingly, the officers interviewed said that have not had many refusals simply due to the fascination people have with the technology.

The scanners scan fingerprints or irises (eyes) and immediately compare them with prints already in the states database. If there is a match the scanner details who the person is and if there may be any active warrants for their arrest.

Often, people pulled over who know they have a warrant or are breaking the law by driving while their license is suspended will lie and state they don’t have identification. If they agree to be scanned, the police will likely be able to determine their identity and deal with the law violations immediately.

Opponents to these devices worry about potential abuses. Police pressuring people into submitting or not properly explaining that the scan is optional could cause some problems as criminal cases go to court.

Police have to be wary of civilian’s rights at every stage of an arrest. From a traffic stop to the investigation of more serious assault charges, they have a protocol that must be followed.
If you are facing criminal charges and need the assistance of a defense attorney to ensure your rights are protected at every stage of the game, call me. We can discuss the charges you are facing , potential outcomes, and the best way to approach the case.

Maryland’s New Texting While Driving Ban

2009-10-02T16:27:00.001-04:00

It is officially against the law to text while driving in Maryland now. The ban became active just a few days ago but the law is riddled with some interesting flaws. As this report from WBAL radio points out, the texting while driving law isn’t cut and dried.

If you are cited for texting while behind the wheel you could face a $500 fine. This is considered a traffic offense, not a crime like some other criminal traffic laws on the books. However, a $500 fine is nothing to shake a stick at.

The points of interest in this law include the fact that you cannot be fined for reading text messages, only for actually texting. So, receiving messages will not get you in trouble, only responding to them will.

Next, the law says nothing about posting to social networking sites while driving. With so many people constantly updating their statuses or sending tweets on Facebook, Twitter, and similar sites, it is interesting that the texting law “is silent” on this issue.

Lastly, it isn’t clear if the law applies to emailing. Many people use their phone to email correspondences while on the move. Similar to texting, it requires the same amount of attention and distraction, but the law does not address this.

One of the major points of concern here is the determination that a drive has been actively texting while driving must be made by an officer. So, it seems the officer would have to witness the texting. How an officer, even when next to you at a stop light, would be able to determine if you are texting or simply dialing a number (or updating one of many social networking sites) is beyond me.

The application of this law will be interesting to say the least and I expect to see some arguments in traffic court over many $500 fines should the police choose to enforce this one on any regular basis.

If you find yourself facing fines and potential jail time and you think the reasoning is questionable, call me. There are many criminal traffic offenses on the books in Maryland and they are not to be taken lightly. Contact me today to see how having an aggressive defense attorney on your side can help on your day in court.

One Baltimore Adult, Two Juveniles Face Assault Charges

2009-09-29T14:16:00.001-04:00

Three people are facing assault charges in a case with serious racial overtones. All three have entered not guilty pleas and the case is set for a December 11th trial according to the Baltimore Sun.

Twenty eight year old Calvin E. Lockner, 16 year old Emmanuel Miller, and 17 year old Zachary Watson all face charges in adult criminal court. The charges against them include 1st degree assault and carjacking. If convicted, the sentences could be enhanced under Maryland’s hate crime laws.

Last month, the trio was arrested on suspicion of beating elderly James A, Privott, a black man, who was fishing at Fort Armistead Park. During the beating the three shouted racial slurs and the prosecution believes this crime would have never happened had the victim been a white man.

This earlier report from ABC News reveals that the attack cost 76 year old Privott two teeth and a possible broken eye socket. He was treated at the University of Maryland Shock Trauma Center. The weapon of choice used in the attack was a baseball bat.

Lockner is a known white supremacist, with racist tattoos and a nickname of Adolph Hitler. He has spent time in prison after a 2000 conviction on a sex offense.

The two juveniles do not, as of yet, have any adult criminal records, and their attorneys argue the boys were not involved and did not know of Lockner’s intention to beat Privott.

Assault charges are very serious and these are made even more serious because they appear to have been committed based on the skin color of the victim. There are special laws on the books that apply to hate crimes, potentially increasing the penalty because of the racially motivated nature of the offense.

A typical 1st degree assault charge carries a maximum potential penalty of 25 years. These men, if convicted, could serve more.

If you are facing assault charges it may not resemble this case at all. Perhaps you got into it with a companion or got stuck in the middle of a bar fight. Whatever the case, I want to help. Contact me immediately to discuss the situation that led to your charges.

More Maryland License Plate Tracking

2009-08-13T09:57:00.004-04:00

Add Calvert County to the list of law enforcement agencies who are scanning every license plate they come near on the road.

Previous reports have noted their use by the Maryland State Police statewide, and by the Charles County Sheriffs department.

These devices are rapidly becoming standard equipment on police cruisers, since they save manpower and generate revenue on their own by instantly identifying driver's with license suspensions, outstanding criminal warrants, and even potentially parking tickets and municipal back taxes.

These systems are able to scan thousand of license plates per hour with high speed cameras mounted on police vehicles, and connected to computers inside. All plate tags are matched with a database of those associated with cars that may have been stolen, associated with amber alerts, or driver/car owner data that may have any other legal issues.

Police officer's in the vehicle are instantly alerted to a suspected stolen car the moment they drive near it. Naturally, this is an extremely effective method of using police time efficiently.

The open question of concern to civil libertarians and privacy advocates is "what happens with all this collected data for the 99.99% of people who have done nothing wrong? Their data is still stored and tracked, and that information could be used for illegal monitoring and tracking.

When a photo of a license plate tag is snapped, the photo is stored, along with the date and time, and the exact location of the vehicle as identified by GPS (Global Positioning Satellite) identification.

With all the scanners on the road, it's easy to imagine how the government can mine this data and put together a historical record of your movements by listing each the time your car was scanned.

They can make lists of every car that was parked near a political demonstration, for example, and then go through all of the other tracked locations of those cars to try to identify any "suspicious" activity, even if it is all completely innocent and %100 legal.

The law has not caught up to many of the implications of the tracking technologies currently employed by law enforcement.

But the bottom line for anyone who may have a suspended driver's license in Maryland, lapsed insurance, open warrant for failure to appear in court, or other legal issues, beware! These days, you cannot expect to drive and not be identified and caught.

If you have an outstanding criminal warrant, or are arrested for driving on a suspended license, please contact our Maryland criminal defense lawyers to find out how we can help fix your legal problems.

Sixty-Six Year Old Man Charged in Odenton Road Rage Incident

2009-08-05T17:22:00.002-04:00

If you have ever been cut off in traffic or narrowly missed having an accident due to the error of another driver you may have gotten angry. However, getting angry and threatening that driver with a gun are two different things. The latter can land you in a slew of legal trouble as 66 year old Lawrence D. Bourgard is finding out.

Police responded to what they thought was an accident but found the scene to actually involve a case of road rage. A 24 year old driver admitted to possibly cutting off Bourgard in traffic but what Bourgard allegedly did following that was a little extreme.

The 24 year old victim stated that Bourgard pulled alongside her, showed her a firearm, and asked if she “wanted to get shot”. Police found the weapon, a loaded .38 caliber revolver, in the vehicle with Bourgard and made an arrest on the spot.

Bourgard now faces several charges including reckless endangerment, transporting a handgun in a vehicle, and both first degree and second degree assault.

The assault charges alone are enough to threaten harsh penalties and dramatic changes in Bourgard’s life. A first degree assault charge can end in up to 25 years in prison. Second degree assault carries a potential 10 year sentence. Reckless endangerment is even considered an assault charge and carries another 5 year potential prison sentence.

In addition, Bourgard faces weapons charges, with a potential for significant additional penalties in his criminal record. Because of their propensity for injury, weapons charges are taken very seriously by the Maryland criminal courts.

Whether you are facing simple traffic offense or a serious assault charge, you want to ensure you put your case in competent hands. An experienced local attorney can give you the attention you need while ensuring your rights are looked after through the entire criminal process.

Let’s discuss the particulars of your case. I want to know what happened in detail so I can assist you in making the best legal decisions. Call me right away.

Baltimore’s Largest Cocaine Bust Ends In Plea Deal

2009-07-08T16:00:00.001-04:00

Trenell D. Murphy is expected to plead guilty to drug dealing charges in a case that marked the Baltimore Police Department’s largest cocaine bust ever. The details of the plea aren’t known at this time but the defendant’s change of heart came after a federal drug rejected his attorney’s motion to suppress drug evidence found the day of the arrest.

On the day in which officer’s served an arrest warrant at the home of the defendant, they found just under 2 pounds of cocaine hidden in a dog house guarded by pit bulls. The real mother load, however, was found in a truck parked outside the home.

Murphy’s attorney requested the 41 kilograms of cocaine found under the cover on the truck bed be suppressed because the police found the cocaine before they had a warrant for the truck. The judge had to determine if looking under the cover and seeing the cocaine was a legal search.
Chief Judge Benson E. Legg found that the search of the truck bed was legal despite there being no warrant because the truck had previously been involved in a drug transporting crime. This, he said, gave officers the right to peer under the covered truck bed.

Immediately following, Murphy withdrew his request for a jury trial and the prosecution stated there would be a new arraignment. This is a sign of the pending plea.

The vast majority of criminal cases end in plea bargains. These can occur for a variety of reasons. In this case it seems that Murphy felt a jury would convict him on the serious drug charges since he was unable to get the massive amount of evidence suppressed.

In other cases a plea bargain may be struck up because the prosecution doesn’t have sufficient evidence to get a conviction on the more serious charges. Whatever the reason, a plea bargain is an agreement where the defendant agrees to plead guilty to charges that are less serious than the original ones or on the promise that the prosecution will make a lenient sentencing recommendation to the judge.

Plea bargains are appropriate in many cases. If you want me to take a look at your case and give you a consultation, we can discuss if a plea agreement may be the right move for you as well. Call me today to discuss the details of your case.

Baltimore Drug Trends Changing

2009-06-22T15:37:00.001-04:00

Baltimore Sun Crime Beat writer Peter Herman posted an interesting piece about the changing face of the Baltimore drug trade this week, pointing out several changes and trends in the city and surrounding areas. How drugs are moved, what they cost, and how they are prepared for sale is all changing.

How drugs are moved into the state and from overseas into the country is changing dramatically. Whether coming from Atlanta or Pakistan, drugs are more frequently being sent through the mail. This method allows traffickers to track their packages online and refuse delivery if a hold up flags them to possible law enforcement interference.

Drug dealers are outsourcing their work. What this means is the dealers aren’t doing the dirty work anymore. They are paying people to prep the drugs for sale. More hands in the pot but less work for the dealer to worry about.

The drug business is lucrative. There is a reason that so many people turn to dealing drugs in inner cities where demand is often higher. The reason: it pays and it pays well.

According to the Baltimore Sun article, Mayor Dixon estimated that dealers on Pennsylvania Avenue bring in over $10 million per year. True some of them get caught and some of them are too low on the totem pole to see the big dollars but the numbers are staggering.

Dealing drugs or being around large quantities of controlled substances has major risks. One wrong deal and you could be looking at a 20 years behind bars. That’s right, if you are charged with possession with intent to distribute a Schedule I or II drug like heroin or cocaine, you will face up to 20 years in prison and fines reaching $25,000.

Luckily, most drug charges aren’t this serious. In fact, more people are charged with simple possession than with possession with intent. Regardless, if you are facing any drug charge you want an aggressive hard working defense attorney on your side. Call our attorneys today to discuss the best way to handle your case.

BBC Documents Baltimore Crime

2009-06-11T23:40:00.002-04:00

Following Baltimore Sun reporter Peter Hermann for one day, the British Broadcasting Group ran a piece on crime and crime reporting in our city. Entitled Baltimore’s Crime Scene Reporter, the video shed light on the job of a man tasked with documenting the criminal offenses of our metropolis.

Baltimore is often seen as a capital of crime, a mecca of criminal behavior. We know our city has its high crime areas and often a violent disposition, but that doesn’t mean it doesn’t have redeeming qualities as well. However, as Hermann states in his Baltimore Sun blog, the BBC piece may shed light on how the city gets accustomed to the crime and it becomes less and less horrific as people are desensitized to it.

Even those folks who are accused of criminal activity know the city has a high crime rate. They feel it as they are shuffled through the local criminal justice system, as one small piece in a system that is busting at the seams. Whether waiting in a local holding cell to be processed in or awaiting trial, criminal defendants often feel just how congested the system is.

As cable would have you believe, murders are rampant here in Baltimore. While we do have our share of violent crime and none of it is acceptable, drug offenses and property crimes are far more common. Sure they don’t make the headlines, but they are there, making up a large percentage of arrests and court cases.

Facing any criminal charge, whether violent or “victimless” can be frightening and extremely stressful. Filled with delays and technicalities, the journey from arrest to trial can be long and arduous. When up against charges, a knowledgeable criminal defense attorney is an asset.
If you are facing criminal charges in the Maryland criminal courts, contact me today to discuss your case.

Officer No-Shows Lead To Charges Dropped in Maryland Courtrooms

2009-06-02T15:31:00.002-04:00

There are many reasons a prosecutor could drop criminal charges against a defendant. In Baltimore District and Circuit Courts, it seems that a police officer no-show is one of the more common reasons, and one that could be prevented according to many interested parties.

When a police officer is called to testify in a criminal case it is often because he or she investigated the case or played a key role in the suspects apprehension. As an important and credible witness, the prosecution often rests much of their case on what the officer will say.

However, what happens when this potentially crucial witness does not show up for the court date? More often than not, it seems, the prosecution has no choice but to drop the charges without sufficient additional information to move forward.

This report from the Baltimore Sun details this interesting problem that the police and prosecutors offices are dealing with. Several cases are outlined where a suspect may have been convicted and sentenced to prison but ended up walking due to a failure to appear on the part of a police officer.

So, why is this happening? Well, for one, police officers have lives too. Many are reluctant to spend additional hours in a courtroom waiting to be called when they have already pulled a shift or even on their day off. Court dates may also fall on the officer’s vacation or when they have plans to be somewhere else.

In many situations, the case would be continued or rescheduled. That isn’t always possible though and defense attorneys will rightly claim that is is unfair for a dependent to be held in limbo while a key prosecution witness can't be bothered to show up.

When facing criminal charges in MD, every defendant hopes for a complete dismissal. Although it happens, dismissals due to officer absence aren’t that likely.

But these things absolutely happen. The standards of Justice requires that the prosecution has the burden to prove it's case beyond a reasonable doubt, and in a reasonable time frame. If they can't do that for any reason, justice can't be delayed.

Call our attorneys today and we can take a look at the specifics of your situation and devise a way to handle your legal defense .

A complete dismissal of charges is always a possibility, but an in depth analysis is necessary before we can make any sort of recommendations.

Maryland Appeals Court Rules in Favor of Convicted Drug Offender

2009-05-26T13:25:00.002-04:00

In criminal law cases, legal procedure is crucial in ensuring justice is applied according to the Constitution and laws of the land. When Kyeron Michael Church was arrested, tried, and convicted of drug charges and sentenced to 10 years in prison, there were some questions left unanswered about the case against him.

In particular, Church’s attorney argued that he had a right to know the location of the police surveillance that helped to convict him. At trial, the prosecution claimed they didn’t have to reveal this due to a surveillance location privilege.

This report from the Daily Record states the Court of Appeals found in a 4-3 decision that the prosecution didn’t have reason to withhold the requested information and that although such a privilege does exist, it wasn’t applicable in Church’s case.

What does this mean for Church? It means the lower court will now hold a hearing to determine if there is additional evidence that makes the privilege applicable. If the court finds there is, they will give weight to this evidence as well as weight to Church’s reasons for requesting the location. If not, the state will likely divulge the location.

The lower court will ultimately determine again if the location must be revealed. They are trying to determine if disclosing the location could place anyone in danger. Unless the location is still being used as for covert surveillance, Church’s attorney argues, there is no reason to withhold it.

Opinions like this can be confusing and downright frustrating for all parties. However, they are there to ensure that defendants in the American legal system are protected at every step of the game. If you are charged with a drug offense and facing 10 years in prison like Church, I can bet you would want no rock left unturned when it came to your defense.

Knowing the ins and outs of legal procedure is the responsibility of an experienced criminal defense attorney. Whether you are facing charges of felony drug possession or DUI, you want to be confident in your choice of attorney.

DUI? Not If You’re Passed Out in the Back Seat

2009-05-13T14:13:00.000-04:00

A Montgomery County Police Officer is under investigation for perjury after giving false testimony in a DUI case. Officer Dina Hoffman made a DUI arrest on 56 year old George Zaliev. Video at the scene shows he wasn’t driving at all, however.

A nearby surveillance camera caught the whole arrest on tape from the moment Hoffman arrived at the scene. In her report and in court she testified that when she arrived Zaliev was behind the wheel with the engine running. Video clearly shows, however, that Zaliev was, in fact, lying down in the back seat.

According to this article from ABC7 News Hoffman lied 10-20 times about occurrences during the arrest.

Obviously, once the discrepancies were spotted Zaliev was found not guilty by the judge, but Hoffman’s actions are certainly deplorable. It is not clear why she would fabricate such a story but she is now the subject of an internal affairs investigation. Interestingly, she is still on the job.
Accountability is huge in police departments. I find it strange that Officer Hoffman is still riding around in her patrol car after such a blunder. What will come of the investigation is unknown but it should serve as a notice to police that even when a camera isn’t on you, your ethics should keep you in line.

Being charged with DUI in Maryland is no small matter. If convicted Zaliev could have faced up to 1 year in jail and fines reaching $1,000. And this was only if it was his first offense. The more convictions you have on your record, the harsher the sentence is.

We’d all like to think that it is rare for the police to lie about what happens at the scene of an arrest. However, as a realist, I know it happens.

More than likely, however, you made a mistake and are ready to face the consequences. On your day in court you should have an experienced local attorney at your side to ensure you get the best results possible. Call me today to discuss your MD DUI case and see how I can help.

Glen Arm Maryland Man Sentenced to 13 Years for Accident that Killed Mother and Son

2009-04-21T09:36:00.001-04:00

On November 7th, 2008 Christopher Herman Lentz crossed the center line on U.S. Hwy 1, striking a minivan on its way to a Cub Scout retreat. Two of the four passengers in the minivan
were killed, forever changing a family.

Katherine Brady, 31, and Wilson Brady 8, were killed on that night, leaving the boy’s father and remaining son behind. Lentz was convicted of two counts of vehicular manslaughter and recently sentenced to 13 years behind bars. It is unclear at this time when he might be eligible for parole.
Lentz had no drugs or alcohol in his system, but was simply going to fast when he crossed the center line. According to this article from the Baltimore Sun, he did have some prior criminal traffic violations and even drug convictions on his record, but his license wasn’t suspended at the time of this accident. As a matter of fact, Lentz was involved in another accident only 2 hours before this fatal one occurred.

Vehicular manslaughter is a serious charge. A situation like this reaches out and affects so many people in both families as well as the community.

Criminal traffic offenses range from the extremely intense, like this one, to the relatively minor. Any offense that can result in jail time or a loss of license should be taken very seriously as it has the potential to affect your future and the future of those around you.

Whether you are accused of driving without a license, driving on suspension, or leaving the scene of an accident, a permanent mark on your criminal record should be avoided at all costs. The specifics about your case are what make a big difference in how it turns out and the type of sentence you may be facing.

If you are up against criminal traffic charges, you should not take it as lightly as a ticket or infraction. Criminal charges are far more serious and should be handled with a more delicate approach. The first rational step is contacting a defense attorney in MD to discuss your case.

No More Good Time Credit for Maryland Inmates?

2009-03-24T21:58:00.002-04:00

While budget crunches have some states releasing inmates early to relieve the pressure, Maryland is considering a proposal to limit the amount of “good time” an inmate can earn, causing them to serve more of their actual prison sentence. The Maryland legislature is considering lengthening prison terms after a few notable cases of violence committed by parolees or recently released inmates.

Good time and other programs like it vary from state to state. Basically, people serving time in state institutions can earn credits that shorten the length of time they spend behind bars. Things like education, employment while incarcerated, good behavior, and counseling all have the potential to earn inmates time off of their sentence.

According to supporters of programs like this, it encourages good behavior within the walls of state institutions and keeps inmates working towards self-betterment. According to opponents, it undermines the justice of a prison sentence and gives offenders a break they don’t deserve.
One story cited here in the Washington Post points out a specific offender, Shawn Henderson, who was released early from prison for good behavior, and murdered a young woman outside of her apartment building. The victim’s family will speak to the legislature in hopes of putting an end to early releases.

Money is never a good justification for putting other lives at risk. However, there are some very clear benefits to using programs like good time credits in prisons. They have the potential to encourage rehabilitation in a prison setting that isn’t always conducive to reform. But, it is obvious from the Henderson case that not all inmates released early continue to do well once outside of the prison walls.

Many people serving time behind the walls of Maryland State Prisons or even county jails recognize their crimes as a huge mistake. Only a small percentage of offenders are cold blooded killers. For those people who are facing years of prison due to drug addiction or multiple DUI’s, a program like this can truly help them get back on the right track.

When facing criminal charges that could land you in jail, you have every right to be nervous and wonder if your sentence will be affected by this new legislation being considered by the state. If you are up against criminal charges and not sure where to turn, contact me today for a consultation on your case.

Baltimore Gang Members Attempt to Go Straight With the Help of Others

2009-03-05T09:54:00.001-05:00

With all of the discouraging news on television and even online, it’s good to see young people reaching out to one another and pulling each other up. It’s especially exciting when these young people have turned from a life of gangs and violence, drugs and death.

The Rose Street Community Center sponsors many youth meetings to reach out to these people who are seeking guidance but may have never had anyone looking back at them before. They are finding a community of like-minded and goal oriented young men at this community center. Men who have been down the same paths to realize that those paths were leading nowhere productive.

As this article from the Baltimore Sun details, people like “Black” are doing their part to help other young gang members and people who have fallen through the cracks. With a number of new federal grants coming their way and support from the majority of the city, programs like these are making great strides.

Too many young people are inducted into gang life at a young age. Children are recruited as young as 11 years old to begin a life of gang banging and drug dealing. Needless to say, these young people typically don’t make it through high school and seldom end up holding steady, legal jobs.
These young people don’t typically have people reaching back to assist them. With programs like the one at Rose Street, young Bloods, Crips, and other gang members are given a second chance to get their GED, start a business, get a job, and leave gangs and drugs behind.

Innovative thinking that can only come from people who have been there and done that is leading these people down the right path for a change. With seemingly unorthodox rewards like a trip to Six Flags, gangs are learning that going straight can have its benefits, that having a flashy car is perhaps less important that having good credit or a home.

Often, young men like these don’t realize the error of their ways until it is too late and they are facing years behind bars. Once involved in the justice system, it becomes even more difficult for someone to get out. But, as this article shows and as the counselors at Rose Street tell their clients, it is possible.

If you have gone down the wrong path and are now facing criminal charges, you may be rethinking your lifestyle as well. The right defense attorney can assist you as you wade your way through the court process.

If you made a mistake and want to change your life around or if you just need some legal advice about some charges you are facing, contact our office today.

Maryland SWAT Raids In Error, How Often Does This Happen?

2009-02-05T17:10:00.002-05:00

Many remember the raid that occurred on Berwyn Heights Mayor Cheye Calvo’s home last summer in Prince George’s County Maryland described here in a Washington Post article. Has this occurrence of botched raids become more common over the past several years, eating away at our protection against unreasonable searches?

Last summer police broke down the door of Mr. Calvo’s home and came in shooting. When the raid was over two family pets were dead and a family was forever changed. This happened because drug smugglers were addressing narcotics to innocent citizens in the hopes of recovering the deliveries before they were taken into the addressee’s home.

In this case the box was taken in the home and set on a table, like many of us do with packages. Mr. Calvo thought maybe his wife ordered something for the garden. Interestingly, police had previously discovered the shipment and were watching when the package was taken indoors. This, they said, was the reason for the raid.

Thinking the Calvos were big-time drug smugglers, police entered the home without knocking and without presenting a warrant. Even now, several months after the mistake, the Calvos are not the same.

Think these raids are rare? Think again. You are in for a shock when you see this map created by the Cato Institute displaying incidences of raids on mistaken homes, ending in the deaths of innocent parties, or deaths of police officers.

How the police execute search warrants and how they seize evidence is a huge Constitutional issue. There are many incidents far less serious than these that occur on a quite often basis. If you or your property was searched and you now face criminal charges, the manner in which the search was done can come under fire if proper procedure was not followed.

Having a defense attorney in Maryland who knows the rules of searches and seizures can work in a defendant’s benefit, helping to protect your rights.

Baltimore Police Cameras Not As Effective As Anticipated

2009-01-26T12:13:00.002-05:00

Maryland law enforcement and many citizens who supported cameras on Baltimore street corners in an effort to deter crime and reduce criminal activity are likely surprised by the results. New research shows that such cameras have no impact on violent crime rates. Yes, that’s correct. They have zero effect on reducing violent crimes.

As this article from 2005 shows, when the cameras were first installed, hopes were high. Officials sold these cameras to the public as the answer to high crime neighborhoods. With Big Brother watching people thought the “less desirables” of the community would cower in fear. They were wrong. Crime is deterred long term by community involvement and prevention at a young age.

Hardened criminals or those likely to rob a stranger on a street corner or shoot a rival gang member couldn't care less about a camera whose picture is so grainy the jury couldn’t make out their face. The people facing these charges are willing to take a risk of getting caught and if they think that risk is slightly increased with the use of a camera, they will obviously still take their chances or simply move down the block to commit their crime.

The only crimes that decreased “within view” of the cameras are property crimes. They don’t have any effect on offenses like prostitution, drug sales, or vandalism, and offenders who commit a violent crime simply step out of view of the cameras. While footage is occasionally used to identify people within the vicinity of a crime, there is no mention of if the same results would have been possible with good old fashioned police work.

So, is the impact on property crimes alone worth the cost and strange invasion of privacy? Just as in childhood, there will always be cops and there will always be robbers. There is a constant ebb and flow with one side always getting one step ahead of the other but the battle is never over.

DUI Convictions and Public Records; DWI Sentencing Considerations

2008-10-01T11:01:00.003-04:00

Criminal convictions are public records, so there isn't much that can be done when DUI/DWI convictions are published in Maryland newspapers. In the times of quick and easy online access to public records, it is difficult to hide these facts. For some people, it is a reason to consider fighting DWI or DUI charges in court.

Insights into Penalty Differences

These drunk driving conviction records do give us an interesting view on how penalties for pleading guilty can vary, even with the same offense in front of a different judge.

For example, one particular judge appears to insist on the defendant abstaining from alcohol as a condition of probation, and getting an alcohol restriction on your license.

This may be a fairly minor distinction, but the larger point is that judges have specific tendencies. Some are very fair to defendants, and some are very tough. Some judges may be reasonable on process and motion issues, but extremely tough when it comes to sentencing.

This is just another area where an experienced Maryland drunk driving defense lawyer can make a significant difference in the outcome of your case. An attorney who knows the judges who preside in a particular court, and his or her tendencies may be able to anticipate certain situations you would like to avoid.

You can't pick the judge in your case, but if you do end up with a judge that might be more likely to rule unfavorably in a certain situations, then you might be more likely to ask for a continuance, or agree to a continuance if the prosecutor requests one for some reason.

That kind of specific experience really does matter, and can make a real difference in your case.

So when you call for a consultation, be sure to ask about specific experience with cases just like yours, as well as experience in the court where you are assigned. An experienced defense attorney will know the court, the judges, and their tendencies, and will be able to factor that information into whatever recommendations you are given.
---
For a free case evaluation on a DUI or DWI charge in Maryland, please contact us today!

More on License Plate Scanners Use in Maryland

2008-08-20T14:36:00.002-04:00

In what appears to be a new trend, use of fixed license plate scanners under the guise of homeland security is coming to Maryland. As reported by wjz, 200 new license plate scanners are going to be deployed by Maryland law enforcement, including 40 at fixed locations.

The New York Times also recently reported that their homeland and countererrorism surveillance efforts would employ automatic license plate scanners on anyone entering Manhattan.

As we've mentioned before, thus far, this real-time video scanning technology has largely been used in Maryland directly on police cruisers in order to instantly detect stolen vehicles and drivers with suspended licenses or outstanding warrants.

But it is not surprising that this big brother surveillance technology would find wider and even more insidious applications.

While it makes sense for those who are concerned with governmental intrusion, privacy violations and other civil liberties issues to fight these efforts, it is also important to at least be aware of what is going on.

It is unrealistic for anyone who might have an outstanding warrant for skipping a court date to expect not to be caught. Please contact us if you find yourself in this situation, and are wondering how to get out of it. We can frequently help fix warrant problems, often with little to no additional penalties. Contact us for a criminal defense case evaluation.

License Plate Scanner Use Becoming Widespread in Maryland

2008-07-30T21:29:00.002-04:00

Charles County Maryland is getting on the bandwagon of police passive monitoring tools. Here's the article on the police use of license plate (tag) scanning technology for locating stolen vehicles, stolen or expired tags, and out of date emissions stickers. The device is also effective at locating cars who's owners may have suspended driver's licenses or outstanding warrants.

The device works by the video camera scanning and doing optical character recognition (OCR) on the plate images to translate it into numbers and letters. It then compares the license tag to an updated database of tag numbers with Motor Vehicle Administration flags. If there is a match, the officer inside is alerted via a laptop computer.

There are many interesting technical details in the article, including:

There are two cameras in the standard setup, one pointed forward to scan oncoming traffic, and one on the right side to scan parked cars.
The scanner works fine in the dark.
If it can't distinguish between a 3 and an 8, it simply runs both combinations against its database.
The device will scan approximately 3000-4000 tags over a typical 8 hour shift.
The camera is linked to a GPS system, and logs all tags scanned and their location from the past 30 days. So they can look back on historical data if they wish to track your movement in the past.

The last one is particularly scary and big brother-ish. You are being watched all the time. And no doubt the 30 days is arbitrary. I'm sure they can save the data indefinitely if they want to.

The Maryland State police is training officers to operate this system on five additional vehicles. The day is fast approaching when all of you driving is tracked.