In most cases, DUI offenses by themselves are misdemeanors. DUIs may become felonies if additional circumstances add to the severity of the offense, such as if someone is killed. Whether the charge is a misdemeanor or a felony, there are often defenses. The police may not be able to prove that you were intoxicated or under the influence of drugs at the time of the offense. Breath tests and blood tests may not be admissible [...]
Did you know you can be arrested for a felony assault at any time here in Maryland, no matter when it occurred? The reason for this is because Maryland has no statute of limitations on felony grade assault crimes. But what is a statute of limitations? In the realm of criminal law, statutes of limitations place a time limit on when charges can be filed for a particular crime. However, it bears repeating, when it [...]
Field sobriety tests (FSTs) have long been utilized by law enforcement to detect alcohol impairment in drivers. However, with the recent legalization of marijuana in Maryland, concerns arise regarding the potential use of similar tests for marijuana impairment on drivers. Given the flaws in the long-used field sobriety tests for alcohol impairment, we should question the efficacy of reapplying this already flawed system to marijuana users. How can we trust in the reliability of a [...]
Not only Maryland, but all states should mandate recording of all interrogations. It is shocking, with the accessibility and ease of recording technology today, that such a serious legal matter as a criminal interrogation cannot be recorded for reference purposes; but this is the reality in the United States today. According to an October 2022 report, casecrackers.com notes that only 27 states (Washington D.C. included) have adopted statewide interrogation recording policies. While common sense would [...]
Finding out that your child is facing a DUI charge is a stressful situation for any parent. Regardless of their age, if this is your child’s first criminal charge, they are likely reeling from the incident. From future implications to social stigma, this event can have a significant impact on their self-image during key developmental years. As a parent, your child needs your support and guidance during this challenging time, even though frustration is an [...]
The US Supreme Court ruled on June 27, 2023, in a 7-2 decision, that statements that qualify as “true threats” are not protected by the First Amendment to the US Constitution – unless the government can show that the defendant who made the statements had some understanding of the threatening nature of the threats. This means, in short, that there needs to be some subjective (personal) evidence of the threat’s potential for harm, as opposed [...]
A drug conviction carries much more than just immediate legal penalties. Beyond things like fines, probation, or prison time, individuals convicted of drug crimes can face what’s called “collateral consequences.” These can have a significant effect on one’s life. Collateral consequences, which can extend long beyond a direct sentence, can affect various aspects of your personal, professional, and social life. Today we want to discuss the collateral consequences of a drug conviction and how they [...]
If you find yourself in a criminal situation, it is crucial to understand – and assert – your rights to protect yourself. One of the most fundamental rights you have in the United States is Miranda Rights, and it is vital you know what these are. These rights, established by the landmark Supreme Court case Miranda v. Arizona in 1966, ensure that individuals are aware of their rights during police interrogations and custodial situations. By [...]
When facing criminal charges, a strong defense strategy is essential for protecting your rights, ensuring a fair trial, and achieving the best possible outcome. A well-crafted defense strategy takes into account the specific circumstances of your case, examines the evidence, and aims to challenge the prosecution's case. Today we want to discuss the elements of a strong defense strategy and discuss key considerations for defendants and their attorneys. By understanding these elements, you can more [...]
Ignition interlock devices (IIDs) are a tool used by authorities in preventing drunk driving incidents and improving road safety. However, certain misconceptions and myths surrounding IIDs can hinder their acceptance and effectiveness. If you are facing using an IID in your vehicle, it is important to understand the truth behind what they are, in order to allow one to work most effectively for you. Today’s blog aims to dispel some common myths and promote a [...]
