In most cases, DUI offenses by themselves are misdemeanors. DUIs may become felonies if additional circumstances add to the severity of the offense, such as if someone is killed. Whether the charge is a misdemeanor or a felony, there are often defenses. The police may not be able to prove that you were intoxicated or under the influence of drugs at the time of the offense. Breath tests and blood tests may not be admissible [...]
Did you know you can be arrested for a felony assault at any time here in Maryland, no matter when it occurred? The reason for this is because Maryland has no statute of limitations on felony grade assault crimes. But what is a statute of limitations? In the realm of criminal law, statutes of limitations place a time limit on when charges can be filed for a particular crime. However, it bears repeating, when it [...]
Field sobriety tests (FSTs) have long been utilized by law enforcement to detect alcohol impairment in drivers. However, with the recent legalization of marijuana in Maryland, concerns arise regarding the potential use of similar tests for marijuana impairment on drivers. Given the flaws in the long-used field sobriety tests for alcohol impairment, we should question the efficacy of reapplying this already flawed system to marijuana users. How can we trust in the reliability of a [...]
Not only Maryland, but all states should mandate recording of all interrogations. It is shocking, with the accessibility and ease of recording technology today, that such a serious legal matter as a criminal interrogation cannot be recorded for reference purposes; but this is the reality in the United States today. According to an October 2022 report, casecrackers.com notes that only 27 states (Washington D.C. included) have adopted statewide interrogation recording policies. While common sense would [...]
Finding out that your child is facing a DUI charge is a stressful situation for any parent. Regardless of their age, if this is your child’s first criminal charge, they are likely reeling from the incident. From future implications to social stigma, this event can have a significant impact on their self-image during key developmental years. As a parent, your child needs your support and guidance during this challenging time, even though frustration is an [...]
The US Supreme Court ruled on June 27, 2023, in a 7-2 decision, that statements that qualify as “true threats” are not protected by the First Amendment to the US Constitution – unless the government can show that the defendant who made the statements had some understanding of the threatening nature of the threats. This means, in short, that there needs to be some subjective (personal) evidence of the threat’s potential for harm, as opposed [...]
A drug conviction carries much more than just immediate legal penalties. Beyond things like fines, probation, or prison time, individuals convicted of drug crimes can face what’s called “collateral consequences.” These can have a significant effect on one’s life. Collateral consequences, which can extend long beyond a direct sentence, can affect various aspects of your personal, professional, and social life. Today we want to discuss the collateral consequences of a drug conviction and how they [...]
If you find yourself in a criminal situation, it is crucial to understand – and assert – your rights to protect yourself. One of the most fundamental rights you have in the United States is Miranda Rights, and it is vital you know what these are. These rights, established by the landmark Supreme Court case Miranda v. Arizona in 1966, ensure that individuals are aware of their rights during police interrogations and custodial situations. By [...]
When facing criminal charges, a strong defense strategy is essential for protecting your rights, ensuring a fair trial, and achieving the best possible outcome. A well-crafted defense strategy takes into account the specific circumstances of your case, examines the evidence, and aims to challenge the prosecution's case. Today we want to discuss the elements of a strong defense strategy and discuss key considerations for defendants and their attorneys. By understanding these elements, you can more [...]
Ignition interlock devices (IIDs) are a tool used by authorities in preventing drunk driving incidents and improving road safety. However, certain misconceptions and myths surrounding IIDs can hinder their acceptance and effectiveness. If you are facing using an IID in your vehicle, it is important to understand the truth behind what they are, in order to allow one to work most effectively for you. Today’s blog aims to dispel some common myths and promote a [...]
The Maryland Appellate Court, Maryland’s second-highest court, ruled recently that a man who had a federal misdemeanor conviction on his criminal record since 1999 was properly denied a handgun qualification license based on Maryland law. The case is likely to affect more than the right of Maryland residents to own a gun. If you need a gun for your job, you may now be ineligible. If you have a criminal conviction, the granting of a [...]
Many states still struggle with identifying and treating mental illness of those who commit crimes rather than resorting to incarceration—and Maryland is unfortunately one of them. In this day and age, most people have become aware of how the mental health status of a defendant can significantly impact the outcome of their criminal charges. Despite the prevalence of mental illness, the criminal justice system often fails to address underlying mental health issues, which many times [...]
Most drug possession crimes in Maryland are prosecuted at the state level. However, they can sometimes be bumped to federal charges in certain scenarios. Something like getting caught with drugs while on federal property can result in serious legal consequences, including hefty fines and long prison sentences. When it comes to battling a drug charge in a federal case, more agencies and resources are involved because they are more serious charges. If you are facing [...]
Working in certain roles for the federal government requires you to apply for security clearance, as many positions may involve access to classified information. The process of vetting employees who apply for clearance is designed to ensure that those who work in these positions are trustworthy and reliable. Even after you receive security clearance, you still need to maintain it. Maintaining a security clearance requires adhering to strict guidelines, including avoiding behaviors that could compromise [...]
Driving under the influence (DUI) is a serious offense in Maryland, and it can come with serious consequences as well. Apart from legal troubles and hefty fines, a DUI conviction can also have a significant impact on your car insurance rates. After a driver has been caught with at least an .08% blood-alcohol concentration (BAC) level while behind the wheel, many insurance companies will deem them a risk—and being seen as a risk can negatively [...]
Dealing with a DUI charge can be an extremely stressful experience. One mistake of getting behind the wheel after a few drinks can cost you months of legal troubles—and maybe even your freedom. The National Highway Traffic Safety Administration (NHTSA) reports that there were 11,654 people killed in car crashes where at least 1 driver was intoxicated in 2020. With numbers this high, it is no wonder why law enforcement has been cracking down on [...]
Last December, some police got a call about a suspected drunk driver. They did find an erratic driver, and what they would do next would change the driver’s life – and for the better. However, this isn’t a story of someone with an alcohol dependency hitting rock bottom. In fact, it’s a story of someone having a medical episode behind the wheel and the police officers who realized she needed assistance. Good Morning America (GMA) [...]
After police wrongly raided his home last summer, rap artist Afroman decided to make light of his losses and release an album and videos using home footage of the situation. Now, he’s facing charges from seven of the officers involved in the raid, citing invasion of privacy and public humiliation. What kind of recourse do you have when officers wrongly break into your home and destroy your property? What happened with Afroman? A group of [...]
If you have ever been behind the wheel, you most likely have experienced the fear or worry of being pulled over or have actually had a police officer pull you over. This may lead you to wonder what makes a traffic stop legal or illegal, which is a typical curiosity when these instances occur. The Bowie criminal defense attorneys at Carey Law Office explain what makes a traffic stop legal. We are here to tell [...]
It has become very common for people to record important things happening in their lives. In fact, you cannot go anywhere without seeing someone pulling out their camera or cell phone to record something. Therefore, when a crime is occurring either to you or to another person, one of your first impulses may be to pull out your device and start recording. The Bowie criminal defense attorneys at Carey Law Office know when a video [...]
In Maryland, lawmakers and families are trying to close a “loophole” in the state’s DUI law. They want to close this loophole because they do not believe their family members who were killed in drunk driving accidents received the justice they deserved, and they say that closing the loophole will save lives. The reason why these families believe that there is a loophole is because drivers who receive probation before judgment (PBJ) can avoid getting [...]
Spend any time on social media and you’re bound to run into them: the so-called Constitutional scholars who earned their stripes listening to news shows or following attorneys on Twitter. We used to think that these folks were harmless, and perhaps they are – but we’re seeing some disturbing trends when it comes to understanding the basic rights granted by our nation’s founders. So today, we want to talk a bit about what some of [...]
Accidents are more common—and more deadly—when alcohol is involved because it can slow down your reaction time, impair your muscle coordination, cause poor judgment, and more. Each of these factors on their own make it dangerous to operate a vehicle, but all of them combined can make it deadly. Accidents caused by drunk drivers are always 100% preventable, but that does not make them any less prevalent. In fact, the National Highway Traffic Safety Administration [...]
It can be very intimidating going to your first court hearing and you may be worried about what to do and what to say. When you appear in court in Maryland, it is important to present yourself in a way that gives the judge or jury a good impression—and it does play a factor in their decision more often than not. If you hire an experienced criminal defense attorney, they will help you with this, [...]
We see it in TV shows and movies all the time: if someone starts a fight with someone else, that person hits the first one and then says it was all in self-defense. When the police arrive, the person who started the fight is the one that gets in trouble. Despite many people trying to make the same claim, that is not always how it works in the real world. While bar fights are perfectly [...]
