Posts by Joseph Carey
How a Glen Burnie Man Admitted to Murder but Avoided Prison
There is an old trope in film and television about pleading “insanity” to go free from a murder case. In Maryland, claiming that a client is “not criminally responsible” is a tough row to hoe, and it is not used all that often. Which is why the murder case of Tyrique Hudson, and the subsequent…
Read MoreCan You Be Charged with a Crime if a Sudden Medical Emergency Leads to a Fatal Accident?
Most people take for granted that they can just hop into our car and get from one place to the other. Certain medical conditions, however, may bar certain individuals from doing that, because those conditions (or prescribed medications) make driving unsafe. However, a sudden medical emergency is often unexpected. A heart attack, a stroke, a…
Read MoreMaryland Has Officially Made Strangulation a Felony
Maryland lawmakers have increased the severity and penalties for charge of strangulation, making it a felony crime instead of a misdemeanor. This change coincided with Domestic Violence Awareness Month. If you have been charged with strangulation, you will face a tougher battle to retain your rights and freedoms. A special unit at Frederick Health Hospital…
Read MoreChadwick Boseman Died without a Will – What Happens Next?
On August 28, 2020, actor Chadwick Boseman, best known for the blockbuster movie “Black Panther,” died of colon cancer at age forty-three. His death came as a shock to fans and the general public, due to his young age and the fact that he kept his illness and medical treatments private. Shortly before his death,…
Read MoreHow Does Jurisdiction Work?
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…
Read MoreExpunging a Juvenile’s Record in Maryland
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…
Read MoreThe Two Breath Tests You May Encounter after a DUI Stop
When you get pulled over for DUI in Maryland, the police officer will likely ask you to step out of the car and perform a series of field sobriety tests. He or she may also ask you to breathe into a little machine. Then, if you are taken to the police station, you may be…
Read MoreMaryland Court of Appeals Says Smell of Marijuana Does Not Constitute Probable Cause
In order to be subjected to a search, police need probable cause; otherwise, it is a violation of the Fourth Amendment. For years, law enforcement officers in Maryland have used the odor of marijuana as their probable cause to search someone. The Maryland Court of Appeals issued another ruling recently that puts an end to…
Read MoreOverhaul of Campus Sexual Assault Standards Earns Praise from Some Scholars
Back in early May, the U.S. Department of Education issued a series of new standards that govern how educational institutions are to implement Title IX. These revamped regulations are a complete overhaul from the previous administration’s regulations as it concerns policies and procedures about sexual assault and harassment allegations. Universities and other institutions of learning…
Read MoreNew Learning Collaborative Intended to Reduce DUI Injuries and Deaths in Maryland
Driving under the influence is a serious criminal charge. If convicted, individuals face significant fines, loss of driving privileges, and time spent in jail. The seriousness with which the state of Maryland considers these offenses is reflected in its recent announcement – through the Department of Transportation in the state – that it will participate…
Read MoreCOVID-19 and Inmate Release Issues
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…
Read MoreWhat Happens If I Get Arrested at a Protest?
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…
Read MoreMaryland Court of Appeals Recognizes New Cause of Action: Intentional Interference with an Inheritance or Gift
The Maryland Court of Appeals, the highest court in the state, has recognized a new cause of action: intentional interference with an inheritance or gift. The action arose out of Barclay v. Castruccio (No. 30, Sept. Term 2019). The court held unanimously that claimants who file frivolous lawsuits against named beneficiaries of a will may…
Read MoreFrequently Asked Questions about Parole in Maryland
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…
Read MoreMontgomery County Is Aggressively Targeting Drunk Drivers
Though the COVID-19 crisis has forced people to stay at home or limit their activities, there are still many drivers on the road. Police in Montgomery County and throughout Maryland are targeting drivers for speeding, DUIs, and other traffic offenses. Conviction for a DUI can result in prison time, substantial fines, loss of driving privileges,…
Read MoreThe Risks of Interlock Ignition Devices
Maryland requires some drivers who are found guilty of driving under the influence or driving while intoxicated to install an ignition interlock device (IID) in their vehicle. Additionally, drivers can be required to use an IID due to an administrative suspension, or as part of their eligibility for a work permit license. According to the…
Read MoreStatute of Limitations & Uninsured Motorist Claims
We have car insurance to protect ourselves (and others) financially in the event of an accident. It prevents us from having to pay out-of-pocket for medical expenses, vehicle damages, and other costs after a car wreck. One form of auto insurance available is uninsured/underinsured motorist coverage (UM/UIM). Uninsured motorist coverage is meant to cover your…
Read MoreMaryland Appeals Court Rules the State Cannot Force Retroactive Sex Offender Registration
Maryland passed its first sex offender registration law in 1995. That law applied to all crimes committed after October 1, 1995. The law was amended several times between 2001 and 20010 to require that sex offender registration be retroactive. The 2010 amendment specifically created a se offender tier classification system. Tier III sex offenders, the…
Read MoreDoes the Chief Judge of the highest court of Maryland have the legal authority to suspend a Statute of Limitations in the Maryland Code due to a health emergency for an entire community?
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…
Read MoreAre Maryland’s “Stay At Home” Orders Constitutional?
As the COVID-19 pandemic continues, many governors across the nation are signing executive orders regarding sheltering in place and staying at home – prohibiting large gatherings, public meetings, and requiring closings of non-essential businesses. When Governor Larry Hogan issued his Stay at Home Order on March 30, he said, “This is a deadly public health…
Read MoreThe Maryland Criminal Justice System during the Coronavirus Crisis
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.…
Read MoreShoplifting Offenses and the Juvenile Justice System in Maryland
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…
Read MoreHow Do I Get My Driver’s License Back after a DUI in Maryland?
As we all know, Maryland and the entire country has laws that intend to keep drunk drivers off the road. If someone intentionally breaks these laws and is convicted of DUI or DWI, their driver’s license can be indefinitely suspended or revoked. Once this has happened to you, after you have served the conditions of…
Read MoreThe Sex Offender Registry in Maryland – Frequently Asked Questions
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…
Read MoreHow to Obtain a Restricted Driver’s License
After a DUI conviction or motor vehicle violation, the Maryland Motor Vehicle Association (MVA) will take steps to revoke or suspend your driver’s license. However, you may be eligible for a restricted license instead of having your license suspended or revoked. A restricted license is a way for you to continue to drive for the…
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