Due process: it’s a phrase we often hear, but most people have little idea what it means. In the most general way, due process is a fairness doctrine, aimed at protecting the rights and liberties of both the accused and the accuser in a court of law. For many, due process has become synonymous with the word “justice,” and the concept of “fair play.” Due process is, then, the set of rules which government and [...]
Constitutionally, citizens have no right to health care. There have been laws passed and programs instituted that give us access to healthcare, but for most of us, healthcare is an option, not a right – with one notable exception. The incarcerated. The New Yorker recently profiled a 30-year old named Jeremy Laintz whose fortunes turned when he began abusing opioids. He then became addicted to heroin, was arrested and booked in a Colorado jail which [...]
A new bill aims to help victims of sex-trafficking help clear their names so their convictions can’t be viewed by the public. Sex-trafficking often requires that the victims, many underage, commit other crimes such as drug crimes in addition to prostitution and sex-related offenses. Prior attempts to modify Maryland’s sex trafficking laws have been stymied. For many victims, clearing their record of the sex-related crimes doesn’t help clear their name of the non-sexual charges. The [...]
Normally, the police cannot stop and/or search a person unless they have reasonable grounds to believe a crime has been committed. Under the law, law enforcement officers should obtain a warrant before arresting anyone, or searching them or their property. However, cases involving suspicious of driving under the influence are treated a bit differently. The police do still need reasonable grounds to stop any driver for DUI. Examples of reasonable grounds include observing a [...]
If you’ve been charged with assault in Maryland, you may have many questions about the charges and the judicial process. The legal team here at Carey Law Office has put together some common and general questions and answers for your convenience, and we urge you to contact us if you need assistance. What are the types of assault crimes in Maryland? There are two types of assault – first degree and second degree. Reckless endangerment [...]
The emoticon was born on September 19, 1982 when Professor Scott Fahlman of Carnegie Mellon suggested using the keyboard symbols :-) and :-( to express emotions online. This caught on, spread around the country, and eventually we were all using emoticons. However, beyond simple emojis like that, interpretations of other emojis can be rather subjective. In an interview with The Verge, Santa Clara University law professor Eric Goldman points out, “Emoji usually have dialects. They [...]
When you are convicted of a DUI in Maryland, you will lose your license for a certain amount of time, based on your prior history and the circumstances of your conviction. Once you get your license back, however, you are generally free to travel wherever you wish to go – unless you’re planning a trip to visit our Neighbor to the North, Canada. Before 2019 year, Americans who had ever been arrested or convicted of [...]
The Sixth Amendment to the US Constitution provides “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining [...]
On Wednesday, February 20, the Supreme Court of the United States ruled unanimously that states cannot impose excessive fees, fines, or forfeitures as criminal penalties. This decision clarifies that the Eighth Amendment, which prohibits excessive fines, applies to states as well as the federal government. The ability of authorities to seize private property used in a crime – civil asset forfeiture – has become a revenue source for states, as well as a way to [...]
Most drivers who are charged with driving under the influence of alcohol or narcotics are charged with a state crime. Cases are heard in the county where the offense occurred or where the driver lives. There are some instances though where a driver can be accused of a federal DUI. Filing federal charges requires some federal involvement – typically that the offense occurred on federal property. Maryland has numerous federal roads, including the Baltimore-Washington Parkway [...]
