The 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 MoreWhat Rights Will I Lose after a Criminal Conviction in Maryland?
A Maryland-based group called Life After Release is working to ensure those detained and incarcerated while awaiting trial have access to vote. Although there’s no law on the books in our state that prevents people charged with a crime from voting, detained individuals often can’t vote because they don’t have the accessibility to do so.…
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…
Read MoreThe Opioid Epidemic, Overdoses, and Homicide Law
In 2015, a young woman named Jamie Maynard gave a small amount of heroin to an acquaintance, Courtney Penix, who later overdosed and died. Maynard was not a dealer or trafficker, but an addict trying to help out another addict. As authorities investigated, Maynard found herself swept up in the prosecution’s zeal to punish everyone…
Read MoreWill I Lose My Professional License after a DUI or DWI?
If you’re convicted of a DUI, the immediate consequences that might come to mind would be a criminal record and loss of your driver’s license. However, for many people, the stakes can be even higher – a loss of professional license. Losing your professional license can cost you your job, future employment opportunities and the…
Read MoreProposed Legislation Aims to Change Maryland Electronic Court Records Loophole
Recent legislation proposed by a Maryland judiciary panel targets a “loophole” in the state’s electronic court records system that allows attorneys to indiscriminately keep court filings hidden from the public. State Senator Jill Carter sponsored the bill in an effort to provide transparency and allow judges, rather than prosecution or defense attorneys, to decide what…
Read MoreWhy Sometimes a Plea Bargain May Be the Right Choice
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…
Read MoreDo Tests Exist That Prove Someone Was Driving Under the Influence of Narcotics?
It’s standard procedure in drunk driving cases to give drivers field sobriety tests and breath tests. If the police obtain a warrant, they can also demand that the driver submit to a blood test. The rules are different for drivers suspected of driving under the influence of narcotics. For starters, there is no breath test…
Read MoreWhat Does the Phrase “Chain of Custody” Mean?
The phrase “chain of custody” commonly refers to the proper preservation of tangible evidence that is used in trial. The burden is placed on the prosecution to show, every step of the way, that the evidence that is seized or taken is properly preserved. The prosecution needs to show that nobody was able to tamper…
Read MoreFailure to Pay Child Support and Loss of Driving Privileges by the MVA
Many drivers lose their driving privileges due to a DUI conviction, their refusal to take a breath test, or because they accumulated too many points on their driving record. Drivers in Maryland can also lose their right to drive if they fail to pay their child support. The Motor Vehicle Administration and the Child Support…
Read MoreIs CBD Oil Legal in Maryland?
Cannabidiol – also known as CBD – products come in all forms: lotions, creams, beverages, foods, cosmetics, and other consumables and things that can be applied to your body. The products are being sold in retail stores, health stores, and online. And even though marijuana use is still illegal in Maryland (barring approved, prescribed medical…
Read MoreJoseph E. Carey Named to Maryland Super Lawyers List for 2020
Congratulations to Joseph Carey on his inclusion on the 2020 Super Lawyers list for the top-rated personal injury attorneys in Maryland. Attorney Carey has represented hundreds of clients in a wide range of claims, from MVA infractions to cases heard by the Supreme Court of the United States. About Super Lawyers Super Lawyers is a…
Read MoreWhat Are the Penalties for DUI and Repeat DUI?
Driving under the influence (DUI) is a serious personal safety and public health issue. Over a recent five-year period, drivers operating a motor vehicle while impaired accounted for roughly 1 in 3 deaths on the road in Maryland, according to the Maryland Motor Vehicle Administration. On average each year, there are approximately 7,884 impaired driving…
Read MoreHow to Prepare for an MVA Hearing in Bowie and Crofton
There are two parts to any Driving Under the Influence case. The first part is the criminal case where the driver’s guilt or innocence is established. The second part is the hearing before the Motor Vehicle Administration (MVA). The MVA hearing establishes what happens to your driving privileges as a result of the DUI conviction.…
Read MoreDoes Double Jeopardy Apply to Federal and State Cases?
Maryland and the US government each have their own criminal statutes, their own rules of criminal procedure, and their own sentencing guidelines. Most crimes are violations of Maryland law or federal law but not both jurisdictions. For example, crimes on federal lands are usually prosecuted in federal courts while crimes on state property are prosecuted…
Read MoreDUI Defenses for Commercial Vehicle Drivers
Most people who drive need their vehicles for personal matters, such as shopping and getting the kids to their games on time. Many also need their vehicles to commute to their jobs. For a large number of people, their job is their vehicle. Commercial drivers who haul freight and inventory lose their livelihood if they…
Read MoreAccusations 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…
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