Recent Blog Posts
Uncovering The Uncertainty Of Roadside Drug Tests
Uncovering the uncertainty of roadside drug tests
Throughout the year, countless people face drug charges in Maryland and other states. A recent report shows that around the country, close to 30,000 people might be wrongfully arrested and put in jail because of unreliable roadside field tests for drugs.
How roadside drug tests work
Roadside drug tests change colors when certain compounds found in drugs interact with them. However, individuals facing drug charges discover that these testing kits don’t only check for illicit drugs. They react to a variety of substances, including cotton candy, bird feces and even the glaze from a glazed doughnut.
The impact on people
Each year, these tests lead to wrongful arrests for drug possession, affecting up to 30,000 people. This number is staggering, especially as you consider that many undergo fear and uncertainty when facing a drug charge. People get arrested, booked, jailed and even charged based on kits that produce false positives. Although the tests weren’t designed to provide conclusive evidence of drug presence, people accept plea bargains when presented with this flawed evidence of drug charges, which allows them to avoid a court trial.
Geofence Warrants In Question After Google's Announcement
Geofence warrants in question after Google’s announcement
In Maryland, a type of criminal warrant called a geofence warrant has become increasingly common. These warrants compel technology companies to turn over location data culled from users’ smartphones. Geofence warrants seek the location data and identities of every smartphone user within a certain proximity to a crime scene at a specific time. Recently, however, a move by Google might signal the end of geofence warrants as a popular law enforcement investigatory tool.
Understanding location data and geofence warrants
When turned on and connected to the internet, smartphones track the location history of their users with GPS. Even if an individual turns off their smartphone, the provider will still collect location data for the user’s location when they turn their phone off and again when they turn it back on. Law enforcement officers have increasingly asked for warrants to seek the location history of all people within a set distance from a crime scene. These warrants, called geofence warrants, have typically been targeted at Google because of Google’s extensive collection and retention of location history information. Criminal defense lawyers have argued that geofence warrants are unconstitutional as they violate privacy, including the privacy of innocent people.
What Is The Walk-And-Turn Field Sobriety Test?
What is the walk-and-turn field sobriety test?
Many Maryland drivers only think about whether they are able to walk in a perfectly straight line once they get pulled over. They fail to realize that there is more to the walk-and-turn test. This field sobriety test is approved by the National Highway Traffic Safety Administration (NHTSA), is used by law enforcement agencies around the nation and is more comprehensive than merely being able to walk straight.
When might you have to take a field sobriety test?
Police officers use the walk-and-turn field sobriety test as a way of determining probable cause to arrest someone for drunk driving. The officer must administer the test according to specific guidelines for greater accuracy. You’ll have to stand still while the officer explains the test and asks if you understand.
What happens during a field sobriety test?
You’ll need to walk heel-to-toe for nine steps along a line, turn, and take nine more steps in the other direction. While walking the line, which might be real or imaginary, you must keep your arms at your sides, count the steps out, and watch your feet.
The Long-Term Consequences Of A Criminal Record
The long-term consequences of a criminal record
Thousands of Maryland residents are currently attempting to move on with their lives after being convicted of a crime and serving their debt to society. But unfortunately, the effects and ramifications of a criminal record can negatively impact their lives long after they’ve served out their sentence.
A criminal record can cause issues for decades after the offense in question. Without adequate criminal defense, a person risks being convicted of a crime and suffering a lifetime of collateral consequences.
Employment
Being convicted of a crime is correlated very closely with loss of employment and negative employment consequences. First, most employed people who serve time in jail or prison end up losing wages while incarcerated, and many lose their jobs as a result.
Once free, people with convictions on their record struggle with discrimination from employers when trying to find a new job. Study after study shows that conviction of a crime leads to lower wages and earning power, along with higher rates of unemployment.
Will I Lose My Security Clearance After A DUI?
Will I lose my security clearance after a DUI?
Drunk driving is taken very seriously in the state of Maryland. If you have been accused of this crime in this state, you should consider the possible consequences. In addition to the penalties you can receive, drunk driving can have a huge effect on your ability to obtain a security clearance.
Penalties for drunk driving in Maryland
If you are convicted of driving while under the influence in Maryland, you can expect to receive some stiff penalties. These can include:
- Criminal record that comes up in background checks
- Driver’s license suspension
- Enrollment in a substance abuse program
- Fines
- Jail time
- Installation of an ignition interlock device on your vehicle
- Possible loss of security clearance
You should also be aware of the fact that these penalties can increase for each additional DUI charge. For example, the fine for a first time DUI arrest can be $1,000. However, for a third time arrest, the fine can be as large as $5,000.
Why Geofence Warrants Are Problematic
Why geofence warrants are problematic
Your phone has the ability to obtain and store a significant amount of data regarding your whereabouts. Police in Maryland and elsewhere may gain access to this data, which may result in your involvement in a criminal investigation. Ultimately, you may be subject to a police interview or other intrusions into your life despite the fact that you have done nothing wrong.
Geofence warrants explained
The act of obtaining data from Google and similar services is called receiving a geofence warrant. Essentially, authorities are granted access to identifying information of anyone who Google or other sources say was in the general area when a murder, arson or other crime occurs. Authorities would also have access to information about recent searches or other information that might implicate you in a crime without specific proof that you did anything wrong.
Issues with probable cause
A warrant is only supposed to be issued if authorities can prove that a search would obtain specific evidence of a crime. However, geofence warrants are often issued just by suggesting to a judge that Google might have information that is needed to solve a crime. Ultimately, you may be able to argue that such a broad request for information violates your right to privacy as part of your criminal defense strategy.
Potential Problems With Eyewitness Testimony In Criminal Defense
Potential problems with eyewitness testimony in criminal defense
According to the NOBA project, 75% of criminal cases in Maryland and around the country that were exonerated through DNA evidence were originally convicted due to faulty eyewitness testimony. Eyewitnesses are a pivotal part of many criminal prosecutions. However, eyewitness recounts can be misconstrued or even influenced.
Simply forgetting
In many legal defense cases, faulty eyewitness accounts are not intentional. Rather, the eyewitness simply forgets information. Surprisingly, information could be forgotten immediately following the witness of a criminal act. The person who witnessed the crime could be emotionally traumatized by what they saw, and this could prevent them from fully recounting the actual events that occurred. The other common occurrence is the witness simply forgets important details after some time has passed.
Misinformation
In other criminal defense cases, eyewitness testimony can be influenced by the information presented in the interview. In several studies, participants would be asked to witness a video of a crime taking place. Then, they would be asked specific questions about what happened in the video, such as, "Which way did the vehicle turn after it passed you?" However, there would actually be no turn in the video at all. The mere suggestion that there was a turn would prompt the eyewitness to believe there was a barn and answer the question incorrectly.
Cocaine Possession And Distribution Penalties In Maryland
Cocaine possession and distribution penalties in Maryland
Cocaine is a Schedule II controlled substance in Maryland, which means lawmakers believe the drug is highly addictive but has some medical uses. Possessing, distributing or trafficking Schedule II controlled substances is punished harshly in the Old Line State, and even offenders who have not been in trouble with the law before can spend years behind bars for possessing small quantities of these drugs.
Cocaine possession penalties in Maryland
Possessing up to 28 grams of a Schedule II controlled substance like cocaine is a misdemeanor offense in Maryland that is punishable by a sentence of up to four years and a fine of up to $25,000. Individuals who are arrested for bringing 28 grams or more of cocaine into Maryland face felony charges that carry a maximum prison sentence of 25 years and a maximum fine of $50,000. Subsequent cocaine offenses are punished even more harshly.
Cocaine distribution penalties in Maryland
Distributing cocaine is always charged as a felony in Maryland, and the penalties for this drug charge are enhanced when offenders sell powder or crack cocaine to minors or near a school. Being convicted of distributing less than 448 grams of powder cocaine or 50 grams of crack cocaine in Maryland will lead to a prison sentence of up to 20 years and a fine of up to $25,000. The maximum custodial sentence for offenders who distribute larger quantities of powder or crack cocaine is 40 years. Subsequent offenses will lead to harsher penalties and mandatory minimum sentences.
Boating While Intoxicated In Maryland
Boating while intoxicated in Maryland
Boating is a favorite pastime of many Maryland residents during the warmer seasons. While it gives people a sense of freedom and adventure, operating a boat carries responsibility. Like driving drunk, boating while intoxicated poses risks to everyone.
Maryland’s boating laws
Everyone understands that drunk driving is dangerous, but boating under the influence (BUI) is widely misunderstood. However, according to Maryland’s laws, BUI and boating while impaired (BWI) are illegal; you can face charges while operating a boat with alcohol or drugs in your system. Just like when you get into a car to drive, operating a boat with a blood alcohol concentration (BAC) of 0.08% or higher is unlawful.
Boating under the influence or while impaired
Natural Resources Officers ensure that Maryland’s waterways are kept safe and that boaters comply with the law. BUI is classified as a misdemeanor offense and carries certain penalties. For a first offense, a person can face up to one year in prison and a maximum fine of $1,000. A second offense carries up to two years in prison and a fine of up to $2,000 while a third or subsequent offense carries up to three years in prison and a maximum fine of $3,000.
Why Pretextual Stops Can Be Problematic
Why pretextual stops can be problematic
Maryland police have the right to conduct a traffic stop if they reasonably suspect that a crime may have been committed. For instance, if an officer sees that your car’s lights aren’t on, it is likely sufficient cause to pull your vehicle over. However, in some cases, that might simply be an excuse to fish for more serious offenses.
Pretextual traffic stops
According to the Supreme Court, pretextual traffic stops are legal as long as an officer can articulate the original violation. For example, if an officer says that your car’s tag was expired, it may be used as a pretext to search for guns or drugs in the vehicle. Depending on what an officer finds, you may be taken into custody on a felony charge simply for being close to any contraband found in the car even if it doesn’t belong to you.
The consequences of pretextual stops
Claiming that you legally owned a gun or had the right to possess any drugs found in your car may be a valid criminal defense strategy. However, even if you are cleared of the charges, you will still go through the process of being taken into custody. In addition, you may spend several days, weeks or months in jail as your case makes its way through the legal system. This could result in a serious interruption to your life regardless of the fact that you won’t have a criminal record.
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