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Aug 6, 2019

A Closer Look at the Opioid Epidemic in Maryland

By |August 6th, 2019|Drugs|

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 powerful drugs for the treatment of other types of pain, despite the risks for dependence, abuse, and overdose, an epidemic [...]

Jun 25, 2019

Defenses to Field Sobriety Tests

By |June 25th, 2019|DUI|

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 proper grounds standard in Maryland is less strict than the “probable cause” standard for obtaining a warrant. The police must [...]

May 28, 2019

How to Behave in Court

By |May 28th, 2019|Criminal|

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 in some cases, it could help you get the outcome you desire. Experienced criminal defense lawyers try to prepare their [...]

May 23, 2019

Maryland’s Prison Populations Drops to a 30 Year Low

By |May 23rd, 2019|Criminal|

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 from the states and from date compiled by the Federal Bureau of Prisons. The Justice Reinvestment Act A major reason [...]

Apr 29, 2019

What Is Due Process?

By |April 29th, 2019|Criminal|

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 [...]

Apr 22, 2019

The Constitutional Right to Health Care that Only Prisoners Have

By |April 22nd, 2019|Criminal|

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 [...]

Apr 16, 2019

New Maryland Bill Aims to Help Victims of Sex-Trafficking Expunge Their Criminal Records

By |April 16th, 2019|Criminal|

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 [...]

Apr 9, 2019

Maryland’s Implied Consent Law for Suspicion of DUI

By |April 9th, 2019|DUI|

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 [...]

Apr 2, 2019

Questions & Answers About Assault Charges in Maryland

By |April 2nd, 2019|Criminal|

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 [...]

Mar 25, 2019

Is “Emoji Law” Actually a Thing?

By |March 25th, 2019|Criminal|

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 [...]

Mar 19, 2019

Traveling Internationally? That DUI Might Keep You Here in Maryland

By |March 19th, 2019|DUI|

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 [...]

Mar 12, 2019

Justices Gorsuch and Sotomayor Are Fighting for Your Right to a Trial

By |March 12th, 2019|Criminal|

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 [...]

Mar 6, 2019

U.S. Supreme Court Rules Against Excessive Fines & Property Seizures

By |March 6th, 2019|Criminal|

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 [...]

Feb 26, 2019

What Is a Federal DUI?

By |February 26th, 2019|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 federal involvement – typically that the offense occurred on federal property. Maryland has numerous federal roads, including the Baltimore-Washington Parkway [...]

Feb 21, 2019

Baltimore Will No Longer Prosecute Possession of Marijuana Cases

By |February 21st, 2019|Drugs|

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 didn’t believe that pursuing convictions for marijuana possession was a way to make the city safer. Her position follows that [...]

Feb 12, 2019

What TV and Film Get Wrong about the Criminal Justice Process

By |February 12th, 2019|Criminal|

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, and many people think that what they see on TV is what actually happens. We wanted to clear up some [...]

Feb 5, 2019

False Accusations of Shoplifting Are More Common Than You Think

By |February 5th, 2019|Criminal|

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 never convicted of the shoplifting allegation. One of these companies is Walmart, the world-renowned retail giant. Walmart has been demanding [...]

Jan 29, 2019

Expungement in Maryland

By |January 29th, 2019|Criminal|

Expungement is a process that allows you to petition the court for the removal of specific types of police and court records, shielding them from public view. In the state of Maryland, you can have your records expunged from court files, police files, and Motor Vehicle Administration (MVA) files. There is a specific filing process to be followed with each agency. If you qualify for expungement in a particular case, those records will be [...]

Jan 15, 2019

Baltimore’s Homicide Rate Dips in 2018

By |January 15th, 2019|Criminal|

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 across the nation, compared to 2017. According to the Times report, fewer homicides occur in the U.S. each year when [...]

Jan 8, 2019

Motor Vehicle Administration Hearings After a DWI/DUI Arrest

By |January 8th, 2019|DUI|

Drivers who are charged with driving under the influence of alcohol or drugs (DUI) face many penalties if convicted. They can be sentenced to jail or prison (depending on the type of charge), and be forced to pay substantial penalties and fines. Their insurance rates can increase, or their coverage can be cancelled. They can lose their security clearance, in some cases, too. One extra risk is that you will likely lose your driving privileges [...]

Jan 2, 2019

Legal Loopholes Allow Convicted DUI Drivers to Circumvent Ignition Interlock Law

By |January 2nd, 2019|DUI|

The State. com reported in September 2018 that a South Carolina Law (called Emma’s Law) that was meant to help force DUI offenders to prove sobriety before they could drive has not worked as planned. The law requires that anyone convicted of driving under the influence of alcohol, whose blood alcohol content (BAC) level was .15 or more, should have to use an ignition interlock device, or IID. The IID analyzes the driver’s BAC and [...]

Dec 24, 2018

Sexual Assault Charges Can Be Brought Years after an Alleged Offense

By |December 24th, 2018|Criminal|

The Statute of Limitations is the time after which the government is prevented from charging someone with the commission of a crime. Most crimes have statutes of limitations for several reasons. There is concern that memories fade with time. Physical evidence may deteriorate with time. If cases aren’t filed within the statute of limitations, the case is forever barred. In cases of sexual assault, rape and other crimes, many victims (according to the Rape, Abuse [...]

Dec 19, 2018

Maryland Becomes Sixth State to Pass an Extreme Risk Protective Order

By |December 19th, 2018|Gun Laws|

Maryland has become the 6th state to pass an Extreme Risk Protective Order (ERPO) law. The law is in response to many different shootings throughout the country. The Coalition to Stop Gun Violence praised the new law, claiming it will remove guns from people who pose a danger to the public and themselves. Legislators and community advocates are pushing for the ERPO laws because of concerns many of the shooters could have been stopped if [...]

Feb 21, 2015

Streaming Movies: Is It Legal?

By |February 21st, 2015|Legal Matters|

It happens so often: you want to see a certain movie but you can’t find it on Netflix or Redbox. If you don’t want to buy the movie, how else can you watch it? Many will choose to watch these movies online, free of charge. If you choose to do this, you need to know what’s legal and what isn’t. Take it from these University of Maryland students: no movie is worth jail time. The Basics Movies are a [...]

Aug 3, 2014

Employee Spotlight: Nancy Carey

By |August 3rd, 2014|Firm News|

This month, Nancy Carey is the focus of our Employee Spotlight! A Certified Paralegal, Nancy has accumulated a diverse range of legal experience in Prince George’s County by working in the County Police Department, the Board of Elections, the County Attorney’s Office, as well as two private law firms. As our paralegal and law firm administrator, Nancy keeps Carey Law Office running smoothly, handling a range of tasks: from general day-to-day business operations to running our marketing [...]

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