Expungement is the action of the state to remove a police or court record of an individual from public view and inspection. Expungement may involve the relocation of the record to a secure area to prevent individuals who have no right to see the record from seeing it, or it may involve the destruction of the record altogether. Under certain circumstances, Maryland law allows someone with a juvenile record of delinquency to seek expungement of [...]
For the last six years, SafeWise has compiled a list of the safest cities in each state. Their rankings are based on the FBI’s crime statistics data and population data from the US Census. This year, the 10 safest cities were: Taneytown Ocean Pines Hampstead Mount Airy Thurmont Centreville Glenarden District Heights Bowie Brunswick According to a 2020 State of Safety survey, though, “63% of Maryland residents are highly concerned about their safety every day.” [...]
Under the Sixth Amendment of the Constitution of the United States, every criminal defendant has the right to receive a speedy and public trial by an impartial jury. The same right is also guaranteed in many state constitutions and state laws. In recent years, the right to a speedy trial has fallen to the wayside, as our nation’s courts suffer serious backlogs. Defendants are often left waiting for weeks and months simply to obtain a [...]
The coronavirus pandemic has been sweeping across the nation over the last four months, including in jails and prisons in many states. In these facilities it is difficult in many cases to maintain proper social distancing between inmates. Due to these concerns, many politicians and advocates have promoted successfully the idea of releasing inmates, particularly those who are of less of a threat to the general public – some who may have committed low-level misdemeanors [...]
Protests come in various sizes. Sometimes only a small handful of people gather holding signs, and at other times hundreds congregate and march down streets demanding certain changes in society. At times these protests involve certain individuals exhibiting disorderly conduct or breaking other laws. Depending on the type of demonstration involved, it is important to understand when you could be arrested by law enforcement and what happens if that occurs. This involves understanding your rights, [...]
Parole is a method for a prisoner to be released from prison before he/she has completed his/her full sentence. Parole is determined in Maryland by the Division of Parole and Probation. It is a way of reducing the prison population and rewarding good behavior in prison. Parole may be granted only after there is parole hearing. Parolees are required to comply with numerous conditions while they are released. If they violate the terms of the [...]
There is a tremendous amount of vitriol on the internet, and most of it is simple “trolling” – but in some cases, what you post online can lead to criminal charges. Maryland, for example, implemented Gracie’s Law back in 2013. The law is named after Grace McComas, a 15-year old, who killed herself in response to online bullies. The law imposed a $500 fine and a prison sentence of a year. In 2019, amendments to [...]
Being charged with any crime in Maryland needs to be taken extremely seriously. Even misdemeanors have serious consequences that can affect you for the rest of your life. The obvious consequence is being required to spend time in prison; however, there are long-term consequences that can affect your finances, your enjoyment of life, your rights, and your ability to work. According to Bowie City records, the most common criminal charges for through April 2020 all [...]
Although we have never been in this situation before, I would say that the answer is probably yes. In Maryland (as in other jurisdictions), the statute of limitations is “procedural.” Doughty v. Prettyman, 219 Md. 83, 88 (1959). Further, Article IV, § 18(a) of the Maryland Constitution provides: The Court of Appeals from time to time shall adopt rules and regulations concerning the practice and procedure in and the administration of the appellate courts and [...]
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. At Carey Law Office, we hope everyone is healthy and continues to stay healthy. We are keeping current with the [...]
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. Once detained and behind bars, they can’t access their polling place and may not know their other options. The group, [...]
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 this includes the common crime of shoplifting. The juvenile justice system exists because the law doesn’t consider minors to have [...]
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 also public and accessible to anyone – meaning people can see who is on it, where they live, and what [...]
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 court documents should or should not be publicly accessible. This loophole came to light during a case involving the murder [...]
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 committed, and you are offered a misdemeanor charge in lieu of a felony charge, accepting the lesser charge may be [...]
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 use), CBD products derived from hemp are not. Therefore, it is perfectly to use CBD products in the state. Why [...]
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 in state courts. There are exceptions to that rule, though. Some defendants are charged with both a federal crime and [...]
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 evening, either. If both parties were intoxicated or high, and both have different recollections (if any) about what occurred the [...]
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 to: Provide a treatment/rehabilitation plan for juvenile offenders instead of incarceration To remove children from homes and environments that are [...]
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 with the police. The better alternative is to ask to speak with your criminal defense lawyer. The lawyer can explain [...]
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 [...]
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 [...]
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 [...]
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 [...]
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 [...]
