Accusations of Sexual Assault When Both Parties Were Intoxicated
Imagine two people, both of whom are drunk or under the influence of drugs. One person accuses the other person of sexual assault. The accused does not believe he or she committed assault, or does not remember the events of the evening. In some cases, the accuser may not remember all the events of the…
Read MoreWhen Can a Juvenile Be Tried as an Adult?
States usually try juveniles differently than adults for many reasons. States treat young people who commit crimes differently because they recognize that children should be given time to mature. Many children commit nonviolent offenses such as shoplifting or underage drinking without realizing the full consequences of their actions. The aims of the juvenile system are…
Read MoreYou Can Be Charged with a DUI while Driving an ATV
Driving under the influence laws in Maryland apply to more than just drivers of cars, trucks, and motorcycles. If you drive on any gas-powered vehicle while intoxicated, you can be charged with driving under the influence. This includes ATVs, Vespas, and motorized scooters. It generally also includes snowmobiles and boats, and even golf carts. A…
Read MoreDo I Have to Go to the Police Station to Answer Questions?
Do you have to speak with the police at the police station? Many people think the answer is “yes” because that’s what people on TV crime dramas do. Fortunately, the real world doesn’t follow TV scripts. Unless you are being arrested for a crime, there is normally no requirement that you go to the station…
Read MoreThe Drug Crisis in Our Prisons Is Different Than You Think
The Baltimore Sun reported that a Maryland woman was charged with trying to smuggle hundreds of strips of a drug that treats opioid addiction into the Eastern Correctional Institution on the Eastern Shore. The Department of Public Safety and Correctional Services says they saw her “toss two blue packages containing the drugs [buprenorphine] over the…
Read MoreWhat You Should Know about Underage Drinking and DUI Laws
According to the National Institute on Alcohol Abuse and Alcoholism (NIAAA), minors between 12 and 20 account for a 1/10 of the nation’s alcohol consumption. According to the National Highway Traffic Safety Administration, alcohol is a major reason why teenagers are involved in roadway crashes that result in fatalities; more than one out of every three…
Read MoreA Closer Look at the Opioid Epidemic in Maryland
Prescription opioids are powerful pain killers which are used to treat moderate to severe pain and are often prescribed following surgery or injury or for cancer pain according to the U.S. Centers for Disease Control and Prevention (CDC). For the past few years, as pharmaceutical companies have pushed their products on physicians to prescribe these…
Read MoreDefenses to Field Sobriety Tests
In Maryland, police don’t have complete freedom to stop any driver they see and give him or her a set of field sobriety tests. The first line of defense in any DUI case is whether the police had proper grounds to stop a driver and pull him/her off to the side of the road. The…
Read MoreHow to Behave in Court
It should come as no surprise that actual appearances in court are not like those portrayed on TV and in the movies. Defendants charged with anything ranging from a traffic offense to a felony need to understand that their appearance and behavior will be judged by judges and juries. How you present yourself matters, and…
Read MoreMaryland’s Prison Populations Drops to a 30 Year Low
The Baltimore Sun reported in April that Maryland’s prison population had fallen to 17,815. It was the first time the prison population was below 18,000 in 30 years. Over the last 10 years, the number of prisoners has dropped by nearly 30%. The statistics were compiled by the Vera Institute of Justice, which analyzed data…
Read MoreWhat Is Due Process?
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…
Read MoreThe Constitutional Right to Health Care that Only Prisoners Have
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…
Read MoreNew Maryland Bill Aims to Help Victims of Sex-Trafficking Expunge Their Criminal Records
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.…
Read MoreMaryland’s Implied Consent Law for Suspicion of DUI
[fusion_builder_container hundred_percent=”no” equal_height_columns=”no” menu_anchor=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” class=”” id=”” background_color=”” background_image=”” background_position=”center center” background_repeat=”no-repeat” fade=”no” background_parallax=”none” parallax_speed=”0.3″ video_mp4=”” video_webm=”” video_ogv=”” video_url=”” video_aspect_ratio=”16:9″ video_loop=”yes” video_mute=”yes” overlay_color=”” video_preview_image=”” border_size=”” border_color=”” border_style=”solid” padding_top=”” padding_bottom=”” padding_left=”” padding_right=””][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” border_position=”all” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”small-visibility,medium-visibility,large-visibility”…
Read MoreQuestions & Answers About Assault Charges in Maryland
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…
Read MoreIs “Emoji Law” Actually a Thing?
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.…
Read MoreTraveling Internationally? That DUI Might Keep You Here in Maryland
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…
Read MoreJustices Gorsuch and Sotomayor Are Fighting for Your Right to a Trial
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…
Read MoreU.S. Supreme Court Rules Against Excessive Fines & Property Seizures
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…
Read MoreWhat Is a Federal DUI?
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…
Read MoreBaltimore Will No Longer Prosecute Possession of Marijuana Cases
The Baltimore Sun recently reported that Marilyn Mosby, the city’s state’s attorney, will no longer prosecute people for possessing marijuana, regardless of the amount of or their prior criminal history. Ms. Mosby also is asking the courts to vacate nearly 5,000 convictions for marijuana possession. She said the reason for this move is that she…
Read MoreWhat TV and Film Get Wrong about the Criminal Justice Process
If you are the defendant in a criminal case, you may have numerous questions involving the court process and the charges filed against you. To many defendants, interaction with the criminal justice system is brand-new, other than what they have seen over television or in a movie. The reality is very different from the make-believe,…
Read MoreFalse Accusations of Shoplifting Are More Common Than You Think
Retailers face a serious problem when it comes to shoplifting. The costs run into the billions of dollars per year. In order to get this lost money back, many companies have opted for aggressive legal tactics that leverage existing state laws. These efforts utilize questionable tactics to obtain restitution, and even pursue individuals who were…
Read MoreExpungement in Maryland
[fusion_builder_container hundred_percent=”no” equal_height_columns=”no” menu_anchor=”” hide_on_mobile=”small-visibility,medium-visibility,large-visibility” class=”” id=”” background_color=”” background_image=”” background_position=”center center” background_repeat=”no-repeat” fade=”no” background_parallax=”none” parallax_speed=”0.3″ video_mp4=”” video_webm=”” video_ogv=”” video_url=”” video_aspect_ratio=”16:9″ video_loop=”yes” video_mute=”yes” overlay_color=”” video_preview_image=”” border_size=”” border_color=”” border_style=”solid” padding_top=”” padding_bottom=”” padding_left=”” padding_right=””][fusion_builder_row][fusion_builder_column type=”1_1″ layout=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” border_position=”all” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding_top=”” padding_right=”” padding_bottom=”” padding_left=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”small-visibility,medium-visibility,large-visibility”…
Read MoreBaltimore’s Homicide Rate Dips in 2018
Homicide rates in major cities across the U.S. appear to be on the decline this year after increasing over the last few years, according to a recent New York Times article. The report indicates that by the time statistics are available for the entire year, the murder rate should be about 4 to 5% lower…
Read More