Jury trials and bench trials are both options in a criminal defense case, and they offer different benefits and risks. Defendants who are charged with a criminal offense have the Constitutional right to a trial. For many criminal cases, a jury trial could be a defendant’s best option. A jury trial is not mandatory, though. A defendant can waive his/her jury trial and agree to have the judge assigned to the case try the case. [...]
Not every conviction results in a prison sentence. Maryland recognizes that communities and defendants are both better served by focusing on treatment instead of imprisonment. Some of the factors that may indicate an alternative is viable include the type of offense that was committed, whether you have a prior record, and whether Maryland has established programs to help rehabilitate someone who was convicted of a crime. Whether there is a sentencing alternative for you ultimately [...]
In Maryland, a person who is convicted of a sex crime must register with a sex registry when he/she leaves prisons and starts private life. A sex registry is a database of information about people who have been convicted of various sex crimes. The information is public and available to law enforcement and anyone who accesses the database. Registrants must provide information about where they live such as their name, address, and place of employment. [...]
Criminal trials are serious business, and a defendant’s rights are enshrined in law. You have a right to due process. The prosecution is required to play fairly. Playing fairly means if the prosecution has evidence that you didn’t commit the offense charged or evidence that would reasonably be expected to help your defense, the prosecution must disclose that evidence to your criminal defense lawyer. The Brady rule The Brady rule refers to a Supreme Court [...]
Nationwide, teenagers have not been physically present in a physical classroom because of the fear of contracting the disease. Instead, most schools in 2020 and 2021 held classes online. This lack of in-person schooling makes it much easier (and more tempting) for teens to skip school when classes are online. According to recent reports, some of these teens are using their free time to steal people’s cars through force or threats of force – i.e., [...]
Defendants in criminal cases have the right to due process. This means prosecutors are supposed to play fairly. They must abide by the rules. The job of a prosecutor is to represent the public. The job is not to obtain a conviction against the defendant at all costs. When prosecutors engage in misconduct, the charges against a defendant may be dismissed. According to a recent article in the Baltimore Sun, the attorney for Baltimore City [...]
Suppression of evidence is a fancy way of saying the evidence cannot be used in court. In order to suppress evidence, the criminal defense lawyer must file a formal motion to exclude the evidence. The motion can be filed in federal or state court depending on where the case is being tried. The motion normally identifies the evidence that should be suppressed and the reasons it should be suppressed. The motion to suppress is heard [...]
For the last year, many companies and businesses have been charging fees to cover COVID-19-related health and cleaning services. Those fees can range from $5 for disinfectant in a hair salon to up to $1200 for cleaning and food in senior-living centers. Many consumers do not become aware of the fees until they receive their bill. They are not being informed ahead of time of these charges. According to the Washington Post, some of these [...]
The number of deaths due to drug and alcohol overdoses increased in Maryland during the pandemic. Minority communities are being affected the most. Data from the Centers for Disease Control and Prevention (CDC) show that between May 2019 and May 2020 deaths from all types of drugs have increased by nearly 17%. ABC News reports that opioid overdoses are 20% higher in 2020 than they were before the pandemic. ABC News stated that “social distancing [...]
In response to the COVID-19 pandemic, the criminal justice system in Maryland is taking steps to depopulate jails and prisons to help reduce the risk of exposure to the disease. In Baltimore, the City's attorney's office and the police have stopped prosecuting some low-level offenses. They have dismissed a number of cases and eliminated a number of open warrants. They have also provided for the early release of hundreds of prisoners and updated their bail [...]
If you are arrested, or believe you are the subject of a criminal investigation, you are likely considering whether you will need a criminal defense attorney in your corner. Perhaps you are doing this research for yourself, a friend, or family member. Even when charges seem minor, it is always a good idea to have a lawyer advocating for you. Local, experienced attorneys have good relationships with prosecutors and often can work to have charges [...]
When an individual is arrested and charged with a crime, the local prosecutor’s office has the power to prosecute the case, send the offender to a diversion program, or dismiss the case completely. The state’s attorney also makes recommendations to the judge regarding bail or revocation of bail. If you are facing criminal charges, it is important to understand the duties and power of the state’s attorney and prosecution. Upon arrest of an individual, the [...]
Dictionary definition of word treason, selective focus. On January 6, 2021, a violent mob stormed the Capitol building in Washington, DC. The riot led to the lockdown of the building, property damage, countless injuries and, when the dust cleared, five deaths. In the ensuing days of confusion and chaos, Americans are hearing terms we haven’t talked about since we were in history class – words like sedition, coup, insurrection, and even treason. Today’s [...]
Instagram is one of the most popular social media apps. Its popularity does not diminish its dangers, however. While witness intimidation is nothing new, the sheer numbers of people who are threatening one another online seem to grow every day. According to reports, multiple Instagram accounts based in Baltimore were deactivated after it was found those accounts were involved in the intimidation of people who cooperated with police investigations. Even though the accounts were removed, [...]
A tragic accident in Alabama took the life of a five-year-old boy. A Russell County Sheriff told CBS News that the boy was forced to exit the car he was riding in on a busy highway as punishment for ‘acting up.’ The child has been identified as Austin Birdseye. He was riding in the car on Saturday, November 28, with his mother’s boyfriend, Bryan Starr. The Sheriff said that the vehicle was traveling on an [...]
In one of the more shocking news stories of the year, teen siblings who found fame on America’s Got Talent were detained, strip searched, and forced to spend a night in a juvenile detention center. The teens, 15 and 13, were arrested by police in Louisiana in November for refusing to leave their father and go to their mother in a custody battle. The story takes a turn when reports of a strip search reached [...]
The Federal Bureau of Investigation (FBI) recently released is 2019 hate crimes statistics, and Maryland had 19 hate crime incidents recorded in 2019. Hate crimes are separated into multiple categories based on the type of incident, location, and agency reporting the crimes. The data was provided by the FBI’s Uniform Crime Reporting (UCR) program. The hate crimes reported in Maryland in 2019 include: 7 reports of hate crimes involving race/ethnicity/ancestry 4 reports of hate crimes [...]
On November 17, 2020, Circuit Judge Stacy McCormack ruled that Darius Devon Mackell was not guilty of murder, robbery, and firearms charges stemming from the death of Dontae Simmons in 2018. Judge McCormack absolved Mackell of those charges in part because she did not find the prosecution’s witness credible. Per The Baltimore Sun, Judge McCormack thought that witness “Esteban Uribe-Rojas could not be taken for his word and there was no evidence to corroborate his [...]
In Mid-November, a DEA agent – dressed up like a FedEx driver – dropped off a package of cocaine at home in Baltimore. A woman answered the door and accepted the package, so police started planning to get a search warrant. Before the warrant could come through, The Baltimore Sun reports, police “said a man, later identified as 25-year-old Stephen Waters, walked out of the home and looked ‘frantically up and down the street.’” In [...]
There is an old trope in film and television about pleading “insanity” to go free from a murder case. In Maryland, claiming that a client is “not criminally responsible” is a tough row to hoe, and it is not used all that often. Which is why the murder case of Tyrique Hudson, and the subsequent ruling of Circuit Judge Michael Wachs, turned out to be quite different than expected. The Capital Gazette reports that James [...]
Most people take for granted that they can just hop into our car and get from one place to the other. Certain medical conditions, however, may bar certain individuals from doing that, because those conditions (or prescribed medications) make driving unsafe. However, a sudden medical emergency is often unexpected. A heart attack, a stroke, a dangerous rise or drop in blood pressure: each of these can occur without warning. If they happen in a car, [...]
Maryland lawmakers have increased the severity and penalties for charge of strangulation, making it a felony crime instead of a misdemeanor. This change coincided with Domestic Violence Awareness Month. If you have been charged with strangulation, you will face a tougher battle to retain your rights and freedoms. A special unit at Frederick Health Hospital is tasked with helping to investigate by evaluating potential victims of domestic violence and the injuries they’ve sustained. The findings [...]
On October 1, 2020, changes to Maryland’s hate crime laws went into effect, giving prosecutors a broader reach when it comes to obtaining a conviction. From now on, if you are charged with a hate crime in Maryland, prosecutors no longer have to link your actions to hate alone. This is going to make for murky waters when it comes to being charged with this felony crime and you’re going to need a stellar criminal [...]
The Constitution of the United States delineates areas of jurisdiction within the nation, allotting certain obligations and rights to both the federal government and state governments. Jurisdiction involves a court’s power to hear and adjudicate cases. Under criminal law, the imposition of punishment is connected with the proper jurisdiction. If a court does not have jurisdiction, any convictions are sentences issued by that court are not enforceable. Each of the 50 states has its own [...]
The Fifth Amendment to the Constitution of the United States protects individuals from self-incrimination. In other words, no person within the state of Maryland and throughout United States may be forced in any criminal matter to testify against himself or herself. This Amendment is in place to protect individuals, whether they are perfectly innocent or not – and there are very legitimate reasons to “plead the Fifth.” Still, there is a stigma associated with this [...]
