Criminal
Can You Be Charged with a Crime if a Sudden Medical Emergency Leads to a Fatal Accident?
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…
Read MoreMaryland Has Officially Made Strangulation a Felony
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…
Read MoreCould a Change in Maryland’s Hate Crime Law Affect Your Case?
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…
Read MoreHow Does Jurisdiction Work?
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…
Read MoreIs It Ever a Good Idea to Plead the Fifth?
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…
Read MoreExpunging a Juvenile’s Record in Maryland
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…
Read MoreMaryland Residents Are More Concerned about Safety than Other States’ Residents
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…
Read MoreUnder the Shadow of COVID-19, the Right to a Speedy Trial Has Suffered Further
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,…
Read MoreCOVID-19 and Inmate Release Issues
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…
Read MoreWhat Happens If I Get Arrested at a Protest?
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…
Read MoreFrequently Asked Questions about Parole in Maryland
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…
Read MoreCan You Face Criminal Charges for Posting on the Internet?
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…
Read MoreThe Consequences of Theft Charges in Maryland
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,…
Read MoreDoes the Chief Judge of the highest court of Maryland have the legal authority to suspend a Statute of Limitations in the Maryland Code due to a health emergency for an entire community?
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…
Read MoreThe 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 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 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 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 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 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 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…
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