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Monthly Archives: May 2020

May 26, 2020

Maryland Appeals Court Rules the State Cannot Force Retroactive Sex Offender Registration

By |May 26th, 2020|Sexual Assault|0 Comments

Maryland passed its first sex offender registration law in 1995. That law applied to all crimes committed after October 1, 1995. The law was amended several times between 2001 and 20010 to require that sex offender registration be retroactive. The 2010 amendment specifically created a se offender tier classification system. Tier III sex offenders, the most serious classification, require the offender to register every three months for the rest of their lives. In 2014, the [...]

May 19, 2020

Personal Breathalyzer Tests Could Land You in Jail for DUI

By |May 19th, 2020|DUI|0 Comments

Many people don’t have any idea how intoxicated they are before they get into a vehicle and start to drive. To ensure their own safety (and perhaps the safety of others), some people turn to personalized breathalyzers: devices that can be purchased by non-law enforcement individuals to test their blood alcohol content (BAC). Some bars and taverns may offer use of these devices, too, to test their patrons’ BAC. If the patron is drunk, then [...]

May 12, 2020

Does 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?

By |May 12th, 2020|Criminal|0 Comments

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 [...]

May 5, 2020

Are Maryland’s “Stay At Home” Orders Constitutional?

By |May 5th, 2020|Legal Matters|0 Comments

As the COVID-19 pandemic continues, many governors across the nation are signing executive orders regarding sheltering in place and staying at home – prohibiting large gatherings, public meetings, and requiring closings of non-essential businesses. When Governor Larry Hogan issued his Stay at Home Order on March 30, he said, “This is a deadly public health crisis—we are no longer asking or suggesting that Marylanders stay home, we are directing them to do so. No Maryland [...]

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