Wednesday, December 9, 2009

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

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.

Labels: , ,

Wednesday, November 18, 2009

Maryland Theft Charges Dropped Due to Officer No Show

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.

Labels: ,

Friday, October 2, 2009

Maryland’s New Texting While Driving Ban

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.

Labels: ,

Tuesday, September 29, 2009

One Baltimore Adult, Two Juveniles Face Assault Charges

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.

Labels: ,

Wednesday, August 5, 2009

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

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.

Labels: , ,

Thursday, June 11, 2009

BBC Documents Baltimore Crime

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.

Labels:

Tuesday, April 21, 2009

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

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.

Labels:

Tuesday, March 24, 2009

No More Good Time Credit for Maryland Inmates?

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.

Labels: ,

Thursday, March 5, 2009

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

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.

Labels: ,

Thursday, February 5, 2009

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

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.

Labels:

Monday, January 26, 2009

Baltimore Police Cameras Not As Effective As Anticipated

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.

Labels: ,