In 1991, George Holliday recorded four white Los Angeles Police Department officers beating Black motorist Rodney King and submitted the video to the local news. Although filming police on the job was rare in the early 1990s, it has become common now, due to advances in technology and the widespread use of smartphones. Filming the police in Maryland is generally allowed, as long as you do not interfere with their lawful duties or violate other [...]

A PIT maneuver (Precision Immobilization Technique, Pursuit Intervention Technique, or Precision Intervention Tactic) is a law enforcement practice used to stop fleeing vehicles while exposing the driver, police and the public to minimal risk. While PIT maneuvers are considered standard procedures by most U.S. police departments, they have been banned in the UK and other parts of Europe because of the perceived danger they present. During a PIT maneuver, the pursuing vehicle pulls up beside [...]

While they may be fun or seem harmless to the poster, some online pranks can harm other people. They can also use up valuable police resources until the police determine what is true and what is false. A few recent examples illustrate that youngsters, teenagers, and adults of all ages need to understand that social media, YouTube, and other internet pranks can lead to the filing of criminal charges in juvenile court and adult court. [...]

Did you know you can be arrested for a felony assault at any time here in Maryland, no matter when it occurred? The reason for this is because Maryland has no statute of limitations on felony grade assault crimes. But what is a statute of limitations? In the realm of criminal law, statutes of limitations place a time limit on when charges can be filed for a particular crime. However, it bears repeating, when it [...]

Not only Maryland, but all states should mandate recording of all interrogations. It is shocking, with the accessibility and ease of recording technology today, that such a serious legal matter as a criminal interrogation cannot be recorded for reference purposes; but this is the reality in the United States today. According to an October 2022 report, casecrackers.com notes that only 27 states (Washington D.C. included) have adopted statewide interrogation recording policies. While common sense would [...]

The US Supreme Court ruled on June 27, 2023, in a 7-2 decision, that statements that qualify as “true threats” are not protected by the First Amendment to the US Constitution – unless the government can show that the defendant who made the statements had some understanding of the threatening nature of the threats. This means, in short, that there needs to be some subjective (personal) evidence of the threat’s potential for harm, as opposed [...]

If you find yourself in a criminal situation, it is crucial to understand – and assert – your rights to protect yourself. One of the most fundamental rights you have in the United States is Miranda Rights, and it is vital you know what these are. These rights, established by the landmark Supreme Court case Miranda v. Arizona in 1966, ensure that individuals are aware of their rights during police interrogations and custodial situations. By [...]

When facing criminal charges, a strong defense strategy is essential for protecting your rights, ensuring a fair trial, and achieving the best possible outcome. A well-crafted defense strategy takes into account the specific circumstances of your case, examines the evidence, and aims to challenge the prosecution's case. Today we want to discuss the elements of a strong defense strategy and discuss key considerations for defendants and their attorneys. By understanding these elements, you can more [...]

The Maryland Appellate Court, Maryland’s second-highest court, ruled recently that a man who had a federal misdemeanor conviction on his criminal record since 1999 was properly denied a handgun qualification license based on Maryland law. The case is likely to affect more than the right of Maryland residents to own a gun. If you need a gun for your job, you may now be ineligible. If you have a criminal conviction, the granting of a [...]

Many states still struggle with identifying and treating mental illness of those who commit crimes rather than resorting to incarceration—and Maryland is unfortunately one of them. In this day and age, most people have become aware of how the mental health status of a defendant can significantly impact the outcome of their criminal charges. Despite the prevalence of mental illness, the criminal justice system often fails to address underlying mental health issues, which many times [...]

Most drug possession crimes in Maryland are prosecuted at the state level. However, they can sometimes be bumped to federal charges in certain scenarios. Something like getting caught with drugs while on federal property can result in serious legal consequences, including hefty fines and long prison sentences. When it comes to battling a drug charge in a federal case, more agencies and resources are involved because they are more serious charges. If you are facing [...]

Working in certain roles for the federal government requires you to apply for security clearance, as many positions may involve access to classified information. The process of vetting employees who apply for clearance is designed to ensure that those who work in these positions are trustworthy and reliable. Even after you receive security clearance, you still need to maintain it. Maintaining a security clearance requires adhering to strict guidelines, including avoiding behaviors that could compromise [...]

After police wrongly raided his home last summer, rap artist Afroman decided to make light of his losses and release an album and videos using home footage of the situation. Now, he’s facing charges from seven of the officers involved in the raid, citing invasion of privacy and public humiliation. What kind of recourse do you have when officers wrongly break into your home and destroy your property? What happened with Afroman? A group of [...]

It has become very common for people to record important things happening in their lives. In fact, you cannot go anywhere without seeing someone pulling out their camera or cell phone to record something. Therefore, when a crime is occurring either to you or to another person, one of your first impulses may be to pull out your device and start recording. The Bowie criminal defense attorneys at Carey Law Office know when a video [...]

Spend any time on social media and you’re bound to run into them: the so-called Constitutional scholars who earned their stripes listening to news shows or following attorneys on Twitter. We used to think that these folks were harmless, and perhaps they are – but we’re seeing some disturbing trends when it comes to understanding the basic rights granted by our nation’s founders. So today, we want to talk a bit about what some of [...]

It can be very intimidating going to your first court hearing and you may be worried about what to do and what to say. When you appear in court in Maryland, it is important to present yourself in a way that gives the judge or jury a good impression—and it does play a factor in their decision more often than not. If you hire an experienced criminal defense attorney, they will help you with this, [...]

We see it in TV shows and movies all the time: if someone starts a fight with someone else, that person hits the first one and then says it was all in self-defense. When the police arrive, the person who started the fight is the one that gets in trouble. Despite many people trying to make the same claim, that is not always how it works in the real world. While bar fights are perfectly [...]

You may have been seeing in the news that there was recently a special counsel appointed to a case regarding President Joe Biden. We thought this was a good opportunity to talk about what a special counsel is, what they do, and why they are important to a case. A special counsel is an attorney who is specifically selected and brought in to investigate, and sometimes prosecute, a federal case where there is a conflict [...]

Most drunk drivers are pulled off the road by a police officer before the drivers cause any accidents. There are many times, though, when the police arrest someone for drunk driving after the driver caused an accident. The police are usually likely to arrest an intoxicated driver who causes a fatality – another driver, a passenger in the driver’s car or another car, a pedestrian, or a bicycle rider. In 2019, 167 people died in [...]

The saying, “Anything you say can be used against in a court of law,” given when anyone is arrested (as part of the Miranda warnings) is also good advice for any texts you send. Any texts that you write, even if you try to delete them, before or after an arrest may also be used against you in a court of law. The government must have authority to obtain the texts, the texts must be [...]

With the exoneration of Adnan Syed making headlines, we are forced to contemplate how our judicial system could allow for an innocent man to be convicted of murder. We would like to think that everyone who is sentenced to years in prison is there because they deserve to be there for their wrongful and illegal actions. Unfortunately, this is not the first time something like this has happened, as there have been hundreds of similar [...]

Many of us are familiar with pardons because of Thanksgiving. It has been tradition for over half a century for the president to “pardon” a turkey from becoming someone’s Thanksgiving dinner. We all understand that to mean that the turkey is being granted reprieve from its fate. Many folks are less familiar with record expungements. Expungement is similar to a pardon in that it concerns an individual’s past crimes. With a pardon, you will no [...]

The Armed Career Criminal Act (ACCA) is a federal law, passed in 1984, that increases the sentences for felons who commit crimes with firearms if they have three or more violent felony convictions or serious drug offenses. The Act provides that a defendant who meets the definitions under the Act receives a 15-year minimum prison sentence instead of the maximum 10-year prison sentence. Convicted defendants can also be sentenced to life imprisonment under the Armed [...]

In what’s being called a precedent-setting decision, Maryland’s highest court recently ruled that search warrants for cellphones and smartphones must be specific to the crime-related information being sought. What this means for individuals accused of crimes is that police and detectives can no longer search through the contents of an entire device, which often contains highly personal information – only content specifically listed in a search warrant that is relevant to the criminal activity at [...]

The Supreme Court of the United States’ 6-3 ruling in New York State Rifle & Pistol Association v. Bruen officially made at least one of Maryland’s gun laws unconstitutional. The ruling, which extended the rights granted under District of Columbia v. Heller (2008), allows law-abiding citizens to carry a handgun outside of the home for any reason. Mark W. Pennak, president of Maryland Shall Issue Inc., also told the Daily Record that he believes the [...]