Tuesday, November 3, 2009

Maryland Among States Using Mobile Fingerprint Devices for Criminal Cases

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.

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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.

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Tuesday, June 2, 2009

Officer No-Shows Lead To Charges Dropped in Maryland Courtrooms

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.

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