The Constitution of the United States delineates areas of jurisdiction within the nation, allotting certain obligations and rights to both the federal government and state governments. Jurisdiction involves a court’s power to hear and adjudicate cases. Under criminal law, the imposition of punishment is connected with the proper jurisdiction. If a court does not have jurisdiction, any convictions are sentences issued by that court are not enforceable. Each of the 50 states has its own [...]

Expungement is the action of the state to remove a police or court record of an individual from public view and inspection. Expungement may involve the relocation of the record to a secure area to prevent individuals who have no right to see the record from seeing it, or it may involve the destruction of the record altogether. Under certain circumstances, Maryland law allows someone with a juvenile record of delinquency to seek expungement of [...]

The coronavirus pandemic has been sweeping across the nation over the last four months, including in jails and prisons in many states. In these facilities it is difficult in many cases to maintain proper social distancing between inmates. Due to these concerns, many politicians and advocates have promoted successfully the idea of releasing inmates, particularly those who are of less of a threat to the general public – some who may have committed low-level misdemeanors [...]

Protests come in various sizes. Sometimes only a small handful of people gather holding signs, and at other times hundreds congregate and march down streets demanding certain changes in society. At times these protests involve certain individuals exhibiting disorderly conduct or breaking other laws. Depending on the type of demonstration involved, it is important to understand when you could be arrested by law enforcement and what happens if that occurs. This involves understanding your rights, [...]

Parole is a method for a prisoner to be released from prison before he/she has completed his/her full sentence. Parole is determined in Maryland by the Division of Parole and Probation. It is a way of reducing the prison population and rewarding good behavior in prison. Parole may be granted only after there is parole hearing. Parolees are required to comply with numerous conditions while they are released. If they violate the terms of the [...]

Although we have never been in this situation before, I would say that the answer is probably yes. In Maryland (as in other jurisdictions), the statute of limitations is “procedural.” Doughty v. Prettyman, 219 Md. 83, 88 (1959). Further, Article IV, § 18(a) of the Maryland Constitution provides: The Court of Appeals from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and [...]

The COVID-19 health crisis has changed the ways the Maryland criminal courts and other courts and agencies operate. Many courts and agencies have suspended services which affect the rights of those with pending cases, those with outstanding charges, and those who need to use the agencies to restore their licenses and start their life again. At Carey Law Office, we hope everyone is healthy and continues to stay healthy. We are keeping current with the [...]

When someone under the age of 18 commits a crime, they’re not dealt with through the adult criminal justice system, but through the juvenile justice system instead. Here in Maryland, the Department of Juvenile Services (DJS) has its own intake, court, prosecutors, detention, and rules. However, a criminal offense is still a criminal offense, and this includes the common crime of shoplifting. The juvenile justice system exists because the law doesn’t consider minors to have [...]

The national sex offender registry is a public list used for the purpose of identifying individuals convicted of sex crimes. Every state, including Maryland, has its own registry and procedures, and anyone convicted of a sex crime is required to register in the state in which they live and work. The sex offender registry is also public and accessible to anyone – meaning people can see who is on it, where they live, and what [...]

A criminal record is a criminal record, and even a misdemeanor charge can have some chilling effects on the way you live your life. That being said, however, there are occasions when agreeing to a lesser charge may be your best and only option. For example, if you admit to a crime that you actually committed, and you are offered a misdemeanor charge in lieu of a felony charge, accepting the lesser charge may be [...]