Recent Blog Posts
Drugged Driving Is Illegal In Maryland
Drugged driving is illegal in Maryland
Motorists driving under the influence of drugs face serious criminal penalties in Maryland. The use of illegal and legal drugs before driving can have long-term legal consequences.
The law
Motorists may, in addition to drug charges, face a driving under the influence offense under two conditions: if they are found to be driving a vehicle while being impaired by any drug that prevents safe driving; or, if they are found to be driving a vehicle while impaired by any controlled dangerous substance.
Chemical evidence is probative but is not necessary for a DUI conviction. Observation of a motorist’s behavior may be sufficient evidence for prosecution.
Medical marijuana
Maryland’s Compassionate Use Act allows prosecutors and courts to consider the medical necessity and reduce, but not necessarily dismiss, any penalties for possession and use. This law does not address driving under the influence of medical marijuana, however.
Do I Need A Lawyer For A Traffic Violation?
Do I need a lawyer for a traffic violation?
Our blog has posted on traffic violations in the past. Indeed, in a prior blog, we analyzed the two types of traffic violations: minor and major. And, for major traffic violations, getting an attorney may seem more obvious, but even minor traffic violations could also warrant getting an attorney, depending on the situation.
Timing
First, do not wait until the trial date to ask the court for an attorney or for leave to find an attorney. You should research getting an attorney as soon as possible after receiving the traffic violation.
Benefits of an attorney
Without an attorney, your defense is on you. Understanding the law, possible defenses, how to present that evidence, etc., is all on you. Doing this research may be possible on your own, and you may be successful. However, getting an attorney alleviates this need.
The attorney will prepare a defense, gather evidence and do an investigation, as needed. During the trial, they can make objections to ensure appeals are possible, present legally allowable evidence, make pretrial motions, understand the alternative dispositions available (and as for them, when appropriate) and even negotiate a plea deal.
What Makes An Assault A Misdemeanor Or A Felony?
What makes an assault a misdemeanor or a felony?
Being accused of a crime can be a terrifying experience. The outcome of your case can have an enormous impact on your life and on that of your family. If someone is alleging that you assaulted them, it is important to understand how Maryland law treats different types of assault.
Assault in the first degree
This is the most serious form of assault and is always considered a felony, punishable by up to 25 years in prison. Assault in the first degree can be committed in one of two ways – the first of which is by committing any type of assault while using a firearm. If a firearm is used, it doesn’t matter that little to no actual injury was caused during the assault – it is the use of a firearm that elevates it to felony conduct.
The other way assault in the first degree can be committed is by intentionally causing, or attempting to cause, serious physical injury to another person. An injury is considered serious when it creates a substantial risk of death or causes long-term disfigurement or bodily impairment – such as to an organ or limb.
Do I Have To Stay With My Public Defender?
Do I have to stay with my public defender?
Public defenders are the backbone of our justice system. In most areas, they represent the majority of those charged with crimes, and at both the federal and state level, they are free, upfront. However, some local systems do bill the clients at the conclusion of the state. Unfortunately, being the justice system’s backbone does not provide any favors as they are some of the most overworked and underpaid lawyers in the entire justice system. They also, often, do not have the same resources that a private attorney or the state/federal attorney may have access to, like support (paralegals, interns, support staff, etc.), expert witnesses, investigators, etc. As such, many want to know if they can shop around for an attorney.
Are public defenders permanent?
No. Public defenders are there to ensure that everyone’s right to counsel is met at both the state and federal levels. However, for many of those facing charges, the public defender only represents them at the beginning of their case, like at the initial arraignment and bail hearing. After that, many people decide to get a private criminal defense attorney, one with the resources, time and staff unavailable to public defenders.
Is Your Teen Facing A Drunk Driving Charge?
Is your teen facing a drunk driving charge?
Parents of Maryland teens know that their child doesn’t always make the best decisions. In fact, it may seem like they are never listening and always engaging in risky behavior. When teens are around their friends, they often participate in whatever their friends are doing, which sometimes includes alcohol. If a teen is facing a drunk driving charge, parents should know what the consequences can be and how an attorney can help.
Maryland DUI laws
Maryland has strict laws regarding drinking and driving and these laws extend to underage drivers. There is a zero-tolerance law in Maryland for anyone under the age of 21 who has any alcohol in their system. Individuals who are not of the drinking age are unable to drink any alcohol before they drive a car. It doesn’t matter if they are impaired or not.
DUI penalties
If a driver is under the age of 18 and facing a DUI, their case will be handled in juvenile court. If a driver is 18 but younger than 21, they will be facing criminal court. Penalties a juvenile can face in adult court include jail time, 12 points on their license and fines. Regardless of their age, they will face driver’s license suspension, revocation, or a restriction.
Is It Legal To Record Conversations In Maryland
Is it legal to record conversations in Maryland?
Considering how common mobile phones and other electronic devices have become, it’s now easier than ever to record conversations and interactions we have with others. But just because you have the ability to hit the record button, it doesn’t mean the law lets you do it whenever you want.
Many conversations are completely protected
The Maryland Wiretap Act controls when anyone can, or cannot, legally record conversations. As a general matter, it is illegal to record any conversation unless you are a party to the conversation and you have the consent of everyone who takes part in the conversation. And even if you obtain the required consent, if you’re recording for a criminal or tortious purpose, doing so is against the law. The Act covers both audio and video recordings.
Limitations of the Act
It does not, however, cover all conversations. Instead, it only bars recording conversations where the participants have a reasonable expectation of privacy. For instance, let’s say you and some friends are in an apartment talking. Unless everyone consents, none of you can legally record the conversation. But let’s assume the walls are very thin or the doors and windows are open – it’s obvious that your voices will carry and could be heard outside the apartment. In that case, there is no reasonable expectation of privacy and even a neighbor could legally record your conversation, without your consent.
What To Do When Police Start Asking Questions
What to do when police start asking questions
If there is one takeaway from every police drama we have all scene, it is that we all have the right to remain silent, full stop. Remember this in all police interactions. This does not mean that we can simply walk away from police officers when we are being questions (or in handcuffs). But, it does mean that we do not have to engage. We do not have to make small talk, and most importantly, we do not have to answer a police officer’s questions.
Refusing to answer questions
One cannot be punished for invoking their constitutional right to remain silent. Indeed, before engaging with the police, it is always a good idea to consult with an attorney. After all, we never know what we do not know, and we do no know what the police are looking for. Unfortunately, this can mean that we may inadvertently cause us harm, even if we did not do anything wrong or illegal. Only a judge has the power to order cooperation, but a lawyer should still be consulted.
Traffic Violations Would Follow Non Maryland Drivers With New Law
Traffic violations would follow non-Maryland drivers with new law
In Maryland, drivers are frequently cited for traffic violations. In many cases, it does not involve a law enforcement officer as cameras do the work for them. People who are said to be driving at excessive speeds or run red lights can suddenly receive a citation in the mail. Even though camera-related citations do not result in points on a driver’s license, it can still be costly in a financial sense. There are strategies to lodge a defense against these allegations and it is important to be aware of them. In the past, this was a problem that only impacted drivers who live in Maryland and the surrounding areas. If a proposal that was recently put forth becomes law, that would change.
Law would hold drivers from outside Maryland accountable for traffic violations
In many instances, drivers from outside the state are caught on a speed or red light camera committing a violation. However, the Motor Vehicle Administration (MVA) does not send these violators the ticket. Under House Bill 469, Maryland would share information with other states to send tickets to violators. This would not just impact people from outside the state, but inside the state as well because agreements for sharing information obviously work both ways.
Drug Possession Charges And Penalties In Maryland
Drug possession charges and penalties in Maryland
While laws change over time, when it comes to the possession of certain drugs, both federal and state laws likely prohibit the possession of it. Thus, when an individual is accused of illicit drug possession, it is important to understand the charges faced and what laws apply, as this could help the accused with the defense against these criminal allegations.
Drug possession charges
In the state of Maryland, like other states, the severity of drug possession charges is based on the drug type in question as well as the quantity involved. While the state of Maryland, like several others in the nation, decriminalized or even legalized possession of marijuana, federal law still lists it as a controlled substances and compares it to hard drugs like heroin. This means that if an individual is found in possession of marijuana and it is less than 10 grams, it is considered a civil offense similar to a moving violation.
Fake IDs And Providing Alcohol To Minors
Fake IDs and providing alcohol to minors
In Annapolis and the nearby areas of Maryland, most people are generally aware of the laws related to driving under the influence. They will also understand that people under the age of 21 who are caught drinking and driving will face charges under the state’s "Zero Tolerance" policy. However, an understated and often forgotten aspect of these cases is how the underage person got the alcohol in the first place. If it was done with a fake identification card or a person who is legally able to purchase alcohol provided it, then the individuals who furnished the ID or the alcohol can be arrested. With charges related to these issues, it is imperative to understand their severity.
How fake IDs are handled under Maryland criminal law
For a person under the age of 21 who is found to be in possession of a fake ID, there is the chance they will be fined and imprisoned. The fine will be for up to $500 and the prison sentence might be up to two months. In addition, this will impact their driver’s license. They will have 12 points on their license and there can be a suspension or revocation. With 12 points, it is possible to ask for a hearing or to take part in the Ignition Interlock Program. Points on a license generally result in significantly higher insurance costs.
Need Help? Hire an Attentive Team to Defend Your Rights
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