Posted on November 04, 2022 in Criminal Defense

Dealing with traffic violations in Maryland

If you have received a citation for a traffic violation in Maryland, you have a few ways of taking care of it.

• Option A: You can pay the full fine and plead guilty. Within this option, you can pay online, you can call it in, you can pay by mail, you can pay in person at any local District Court or you can pay using the Maryland Uniform Traffic Citation Payment Kiosk, which is at the local Motor Vehicle Administration office.
• Option B: You can enter into a payment plan. It is important to understand that if you have more than one traffic violation, you will have to open separate payment plans for each one. You will qualify for a  payment plan if you have at least $150 in outstanding fines. If you intend to request a payment plan, you will need to check off the box for "request a Payment Plan" on the citation for each violation (one citation for one violation), put the date on the bottom of the citation, and mail the citation within 30 days to the address that is provided.

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 Posted on October 20, 2022 in Drunk Driving

Will I lose my license if I get a DWI or DUI in Maryland?

Maryland law recognizes two different drunk driving offenses. They are driving under the influence (DUI) and driving while intoxicated (DWI). A DUI can be issued if you are driving with a blood alcohol concentration (BAC) of 0.08 or more. A DWI is issued if you are driving with a BAC of 0.07 and police believed you showed other signs of impairment.

In either case, if you are charged with one of these offenses, you could face administrative penalties in addition to criminal penalties. One of these penalties is the loss of your driver’s license.

DUI and your driver’s license

In Maryland, if you have no prior DUI conviction, your driver’s license can be revoked for a maximum of six months. If it is your second DUI conviction, your driver’s license can be revoked for a maximum of 12 months.

DWI and your driver’s license

In Maryland, if it is your first DWI conviction, your driver’s license can be suspended for up to six months. If it is your second DWI conviction, your driver’s license can be suspended for nine to 12 months. If you receive a DWI and are under the legal drinking age, your license could be suspended for two years.

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 Posted on October 06, 2022 in Drug Charges

Controlled substance schedules and possession charges

Because of their addictive tendencies and the high potential for abuse, certain substances are regulated by state and federal governments. The Controlled Substances Act was enacted in 1970 and designates controlled substances into five separate categories.

This list is updated annually, and when an individual is accused of possessing a controlled substance, this list establishes the severity of the crime and whether there was a legitimate reason to possess the substance in question.

What are the controlled substance schedules?

Schedule I substances are designated as having a high potential for abuse, and according to federal law, currently do not have accepted medical use. According to the Controlled Substances Act, these substances lack an acceptable level to use safely under the care or supervision of a medical professional. This schedule includes hallucinogens, cannabinoids, heroin, LSD, marijuana, peyote and ecstasy.

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 Posted on September 22, 2022 in Criminal Defense

Search warrants and the application of the Fourth Amendment

Many of us are somewhat familiar with the basics of search warrants from what we see on television. Often in a piece of Hollywood entertainment, a police officer knocks on the door of a home or business, providing a document deemed a search warrant moments before they begin searching the location.

So why is a search warrant needed? The simple answer is the Fourth Amendment of the United States Constitution. The text of this amendment guarantees your right to be free from unreasonable searches and seizures. This means that government agents must have a warrant in order to conduct a lawful search and seizure unless they meet an exception.

Requirements

Because the Fourth Amendment protects the people from unreasonable searches and seizures, it should be understood what makes a search reasonable. In other words, what requirements must be met in order to not violate the Fourth Amendment?

A search is considered reasonable when a judge issues a search warrant based on probable cause. A search is also considered reasonable if the circumstances of the situation justify a search without a warrant. An example of this is conducting a search for weapons following an arrest.

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 Posted on September 08, 2022 in Criminal Defense

Financial crimes and theft charges

When we see famous financiers taken down for financial crimes, we often forget that these are theft crimes as well. While the dollar amounts may be astronomically more than petty theft, the basis of the charges are essentiall, the same: the deprivation of property from its owner.

What many may not realize is that financial crimes or theft can be alleged, even if the alleged perpetrator had no intention for such deprivation. While it is impossible to outline all potential crimes here, we will go over potential pitfalls that those in finance should be aware.

Identity theft

While many people may assume that identity theft can only be intentional, it can actually occur incidental to financial employment. For example, if you open a new credit line or bank account for a customer without their consent, you may have committed identity theft. This is even if you did so based on a conversation with the customer or at the behest of your supervisor, who may have said it was at the customer’s request. This is, allegedly, what happened years ago at Wells Fargo.

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 Posted on August 24, 2022 in Criminal Defense

A domestic violence conviction can turn your life upside-down

Family life can be stressful, and even the best of us can lose our cool and make a serious mistake. On the other side of the coin, people can and too often do make up or exaggerate allegations of abuse.

It can be hard for authorities to sort out the truth, and many police and prosecutors are quick to believe the accuser without investigating all of the facts.

Maryland domestic violence charges

Maryland does not have a separate crime for domestic violence. Instead, authorities will charge someone with assault, reckless endangerment or some other offense. At the end of a case, a court may deem an offense domestically related.

Criminal charges are serious in themselves. For example, while second-degree assault is a misdemeanor, even for a first offense, a person can in theory go to jail for up to 10 years and pay a $2,500 fine.

In practice, someone with no criminal record and who has lived an upstanding life will probably not go to jail for a decade. Still, even if jail gets taken off the table, a person will want to think long and hard before pleading guilty to a crime related to domestic violence.

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 Posted on August 09, 2022 in Criminal Defense

If the police are knocking at my door, do I have to let them in?

If the police come knocking at your door, do you have to let them in? Depending on the circumstances, perhaps not. In general, the police must have a valid search warrant or arrest warrant before they can enter your home. This is to protect your Fourth Amendment rights against unlawful searches and seizures.

When do police need a valid warrant?

In order to obtain a court-approved warrant, police must convince a judge that they have probable cause to believe that physical evidence of a crime can be found in the place they want to search, or that a person who should lawfully be placed under arrest.

The warrant must specifically name the location to be searched or it must specifically name the person being placed under arrest. A search warrant must also specifically list what physical evidence the police are looking for.

There are exceptions to these requirements. For instance, note that if the police are lawfully in a location and they see evidence of a crime in plain sight, they can search that evidence even if they do not have a warrant.

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 Posted on July 27, 2022 in Drunk Driving

Can you be arrested for drunk driving if your BAC is only 0.07?

You are a careful driver, and you understand why drunk driving is dangerous. You also believe you know your limits and would not drive under the influence. However, you still could find yourself on the way home from the bar or a party being pulled over and accused of one of two types of drunk driving offenses: DUI and DWI.

DUI in Maryland

You likely already know that you can be arrested for driving under the influence (DUI) in Maryland if your blood alcohol concentration is at least 0.08. This is referred to as being under the influence "per se," meaning that your BAC alone can serve as evidence in DUI proceedings.

If your BAC is above the legal limit, you could find it difficult to control your vehicle and pay attention to the road. Your coordination can be impaired, and you could even experience blackouts. It is not too hard to understand how a BAC of 0.08 or above renders a person too drunk to drive safely.

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 Posted on July 13, 2022 in Drug Charges

Defending against drug possession charges

You might have made a mistake and committed a crime. The outcome can have a significant impact on your life and that of your family. But it’s critical to understand that being charged with a crime is not the same thing as being convicted of a crime. When it comes to possession charges, they are often defensible.

Did you really possess it?

Maryland Criminal Code Section 5-601 outlaws the possession of controlled substances. Whether something is or is not a controlled substance can usually be determined easily with a chemical test. Possession, however, is not as straightforward.

While it’s true that a controlled substance can be found directly on a person – in their pocket, for instance – that’s not always the case. Sometimes, law enforcement locates a drug near a person, such as in a car or home. When this happens, possession is not obvious and must be inferred from the surrounding circumstances.

The fact is that it’s easy for police to draw an incorrect conclusion as to who was in possession of a drug. And while their conclusion may be sufficient for an arrest, it can fail once it is closely scrutinized. A good defense will apply that scrutiny.

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 Posted on June 28, 2022 in Uncategorized

Are there ways to avoid a ticket if I get pulled over?

If there is one thing that we can all agree with, it is that tickets are terrible. It is the quickest way to ruin a great day, getting pulled over and getting a ticket. However, here are some tips to, maybe, avoid getting that ticket when you get pulled over.

Start the stop off right, pull over

First, when you see the lights come on behind you, pull over as fast as possible. However, do so in a safe manner, and preferably with enough room for the officer to walk up to your car safely. If it is possible, a well-lit parking lot is ideal.

Make the officer feel safe

Turn off your car, turn on your cabin light and make sure your arms and hands are in full view. Do not turn around. Do not go through your clove compartment or middle console. Remember, Annapolis, Maryland, traffic stops are dangerous for police, so your goal should be to make that police officer feel comfortable, immediately.

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