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Jul 23, 2020

Maryland Court of Appeals Recognizes New Cause of Action: Intentional Interference with an Inheritance or Gift

By |July 23rd, 2020|Estate Planning|

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 be liable for interference. Per The Daily Record, “With the high court’s ruling, Maryland joins about 25 other states in [...]

Jul 14, 2020

Frequently Asked Questions about Parole in Maryland

By |July 14th, 2020|Criminal|

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 [...]

Jul 6, 2020

Can You Face Criminal Charges for Posting on the Internet?

By |July 6th, 2020|Criminal|

There is a tremendous amount of vitriol on the internet, and most of it is simple “trolling” – but in some cases, what you post online can lead to criminal charges. Maryland, for example, implemented Gracie’s Law back in 2013. The law is named after Grace McComas, a 15-year old, who killed herself in response to online bullies. The law imposed a $500 fine and a prison sentence of a year. In 2019, amendments to [...]

Jun 29, 2020

The Consequences of Theft Charges in Maryland

By |June 29th, 2020|Criminal|

Being charged with any crime in Maryland needs to be taken extremely seriously. Even misdemeanors have serious consequences that can affect you for the rest of your life. The obvious consequence is being required to spend time in prison; however, there are long-term consequences that can affect your finances, your enjoyment of life, your rights, and your ability to work. According to Bowie City records, the most common criminal charges for through April 2020 all [...]

Jun 23, 2020

Montgomery County Is Aggressively Targeting Drunk Drivers

By |June 23rd, 2020|DUI|

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, increased insurance premiums, and other consequences. The Patch reported that between May 18 to May 24, Rockville Barrack state troopers [...]

Jun 9, 2020

The Risks of Interlock Ignition Devices

By |June 9th, 2020|DUI|

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 Maryland Motor Vehicle Administration, drivers who participate in the state IID program will be required to use the interlock ignition [...]

Jun 2, 2020

Statute of Limitations & Uninsured Motorist Claims

By |June 2nd, 2020|Auto Accidents|

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 car accident injuries without having to pay copays, deductibles, or other expenses when you’re injured by a driver without insurance. [...]

May 26, 2020

Maryland Appeals Court Rules the State Cannot Force Retroactive Sex Offender Registration

By |May 26th, 2020|Sexual Assault|

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 most serious classification, require the offender to register every three months for the rest of their lives. In 2014, the [...]

May 19, 2020

Personal Breathalyzer Tests Could Land You in Jail for DUI

By |May 19th, 2020|DUI|

Many people don’t have any idea how intoxicated they are before they get into a vehicle and start to drive. To ensure their own safety (and perhaps the safety of others), some people turn to personalized breathalyzers: devices that can be purchased by non-law enforcement individuals to test their blood alcohol content (BAC). Some bars and taverns may offer use of these devices, too, to test their patrons’ BAC. If the patron is drunk, then [...]

May 12, 2020

Does 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?

By |May 12th, 2020|Criminal|

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 [...]

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