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Joseph Carey

About Joseph Carey

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So far Joseph Carey has created 25 blog entries.
Oct 20, 2020

How Does Jurisdiction Work?

By |October 20th, 2020|Criminal|0 Comments

The Constitution of the United States delineates areas of jurisdiction within the nation, allotting certain obligations and rights to both the federal government and state governments. Jurisdiction involves a court’s power to hear and adjudicate cases. Under criminal law, the imposition of punishment is connected with the proper jurisdiction. If a court does not have jurisdiction, any convictions are sentences issued by that court are not enforceable. Each of the 50 states has its own [...]

Sep 29, 2020

Expunging a Juvenile’s Record in Maryland

By |September 29th, 2020|Criminal|0 Comments

Expungement is the action of the state to remove a police or court record of an individual from public view and inspection. Expungement may involve the relocation of the record to a secure area to prevent individuals who have no right to see the record from seeing it, or it may involve the destruction of the record altogether. Under certain circumstances, Maryland law allows someone with a juvenile record of delinquency to seek expungement of [...]

Sep 22, 2020

The Two Breath Tests You May Encounter after a DUI Stop

By |September 22nd, 2020|DUI|0 Comments

When you get pulled over for DUI in Maryland, the police officer will likely ask you to step out of the car and perform a series of field sobriety tests. He or she may also ask you to breathe into a little machine. Then, if you are taken to the police station, you may be asked to breathe into a completely different machine. This is because in Maryland, drivers suspected of being under the influence [...]

Sep 1, 2020

Maryland Court of Appeals Says Smell of Marijuana Does Not Constitute Probable Cause

By |September 1st, 2020|Drugs|0 Comments

In order to be subjected to a search, police need probable cause; otherwise, it is a violation of the Fourth Amendment. For years, law enforcement officers in Maryland have used the odor of marijuana as their probable cause to search someone. The Maryland Court of Appeals issued another ruling recently that puts an end to this practice. Chief Judge Mary Ellen Barbera authored the unanimous ruling, which said in part: In order to lawfully arrest [...]

Aug 17, 2020

Overhaul of Campus Sexual Assault Standards Earns Praise from Some Scholars

By |August 17th, 2020|Sexual Assault|0 Comments

Back in early May, the U.S. Department of Education issued a series of new standards that govern how educational institutions are to implement Title IX. These revamped regulations are a complete overhaul from the previous administration’s regulations as it concerns policies and procedures about sexual assault and harassment allegations. Universities and other institutions of learning are placed under a different set of responsibilities when handling these claims. In 1973, Title IX was instituted. The law [...]

Aug 12, 2020

New Learning Collaborative Intended to Reduce DUI Injuries and Deaths in Maryland

By |August 12th, 2020|DUI|0 Comments

Driving under the influence is a serious criminal charge. If convicted, individuals face significant fines, loss of driving privileges, and time spent in jail. The seriousness with which the state of Maryland considers these offenses is reflected in its recent announcement – through the Department of Transportation in the state – that it will participate in a Learning Collaborative designed to tackle the problem of drunk driving statewide and reduce its occurrence. The state of [...]

Aug 4, 2020

COVID-19 and Inmate Release Issues

By |August 4th, 2020|Criminal|0 Comments

The coronavirus pandemic has been sweeping across the nation over the last four months, including in jails and prisons in many states. In these facilities it is difficult in many cases to maintain proper social distancing between inmates. Due to these concerns, many politicians and advocates have promoted successfully the idea of releasing inmates, particularly those who are of less of a threat to the general public – some who may have committed low-level misdemeanors [...]

Jul 28, 2020

What Happens If I Get Arrested at a Protest?

By |July 28th, 2020|Criminal|0 Comments

Protests come in various sizes. Sometimes only a small handful of people gather holding signs, and at other times hundreds congregate and march down streets demanding certain changes in society. At times these protests involve certain individuals exhibiting disorderly conduct or breaking other laws. Depending on the type of demonstration involved, it is important to understand when you could be arrested by law enforcement and what happens if that occurs. This involves understanding your rights, [...]

Jul 23, 2020

Maryland Court of Appeals Recognizes New Cause of Action: Intentional Interference with an Inheritance or Gift

By |July 23rd, 2020|Estate Planning|0 Comments

The Maryland Court of Appeals, the highest court in the state, has recognized a new cause of action: intentional interference with an inheritance or gift. The action arose out of Barclay v. Castruccio  (No. 30, Sept. Term 2019). The court held unanimously that claimants who file frivolous lawsuits against named beneficiaries of a will may be liable for interference. Per The Daily Record, “With the high court’s ruling, Maryland joins about 25 other states in [...]

Jul 14, 2020

Frequently Asked Questions about Parole in Maryland

By |July 14th, 2020|Criminal|0 Comments

Parole is a method for a prisoner to be released from prison before he/she has completed his/her full sentence. Parole is determined in Maryland by the Division of Parole and Probation. It is a way of reducing the prison population and rewarding good behavior in prison. Parole may be granted only after there is parole hearing. Parolees are required to comply with numerous conditions while they are released. If they violate the terms of the [...]

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