Maryland Has Officially Made Strangulation a Felony
Maryland lawmakers have increased the severity and penalties for charge of strangulation, making it a felony crime instead of a misdemeanor. This change coincided with Domestic Violence Awareness Month. If you have been charged with strangulation, you will face a tougher battle to retain your rights and freedoms. A special unit at Frederick Health Hospital…
Read MoreCould a Change in Maryland’s Hate Crime Law Affect Your Case?
On October 1, 2020, changes to Maryland’s hate crime laws went into effect, giving prosecutors a broader reach when it comes to obtaining a conviction. From now on, if you are charged with a hate crime in Maryland, prosecutors no longer have to link your actions to hate alone. This is going to make for…
Read MoreChadwick Boseman Died without a Will – What Happens Next?
On August 28, 2020, actor Chadwick Boseman, best known for the blockbuster movie “Black Panther,” died of colon cancer at age forty-three. His death came as a shock to fans and the general public, due to his young age and the fact that he kept his illness and medical treatments private. Shortly before his death,…
Read MoreHow Does Jurisdiction Work?
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…
Read MoreOther Intoxicants That Can Lead to DUI or DWI Charges
Usually, when one hears the term “DUI arrest,” it is assumed the driver was under the influence of alcohol. However a DUI or DWI (driving while intoxicated) charge can also involve the consumption one of numerous types of substances that have the ability to impair the driving skills of an individual. In Maryland, you can…
Read MoreIs It Ever a Good Idea to Plead the Fifth?
The Fifth Amendment to the Constitution of the United States protects individuals from self-incrimination. In other words, no person within the state of Maryland and throughout United States may be forced in any criminal matter to testify against himself or herself. This Amendment is in place to protect individuals, whether they are perfectly innocent or…
Read MoreExpunging a Juvenile’s Record in Maryland
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…
Read MoreThe Two Breath Tests You May Encounter after a DUI Stop
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…
Read MoreMaryland Residents Are More Concerned about Safety than Other States’ Residents
For the last six years, SafeWise has compiled a list of the safest cities in each state. Their rankings are based on the FBI’s crime statistics data and population data from the US Census. This year, the 10 safest cities were: Taneytown Ocean Pines Hampstead Mount Airy Thurmont Centreville Glenarden District Heights Bowie Brunswick According…
Read MoreUnder the Shadow of COVID-19, the Right to a Speedy Trial Has Suffered Further
Under the Sixth Amendment of the Constitution of the United States, every criminal defendant has the right to receive a speedy and public trial by an impartial jury. The same right is also guaranteed in many state constitutions and state laws. In recent years, the right to a speedy trial has fallen to the wayside,…
Read MoreMaryland Court of Appeals Says Smell of Marijuana Does Not Constitute Probable Cause
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…
Read MoreOverhaul of Campus Sexual Assault Standards Earns Praise from Some Scholars
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…
Read MoreNew Learning Collaborative Intended to Reduce DUI Injuries and Deaths in Maryland
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…
Read MoreCOVID-19 and Inmate Release Issues
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…
Read MoreWhat Happens If I Get Arrested at a Protest?
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…
Read MoreMaryland Court of Appeals Recognizes New Cause of Action: Intentional Interference with an Inheritance or Gift
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…
Read MoreFrequently Asked Questions about Parole in Maryland
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…
Read MoreCan You Face Criminal Charges for Posting on the Internet?
There is a tremendous amount of vitriol on the internet, and most of it is simple “trolling” – but in some cases, what you post online can lead to criminal charges. Maryland, for example, implemented Gracie’s Law back in 2013. The law is named after Grace McComas, a 15-year old, who killed herself in response…
Read MoreThe Consequences of Theft Charges in Maryland
Being charged with any crime in Maryland needs to be taken extremely seriously. Even misdemeanors have serious consequences that can affect you for the rest of your life. The obvious consequence is being required to spend time in prison; however, there are long-term consequences that can affect your finances, your enjoyment of life, your rights,…
Read MoreMontgomery County Is Aggressively Targeting Drunk Drivers
Though the COVID-19 crisis has forced people to stay at home or limit their activities, there are still many drivers on the road. Police in Montgomery County and throughout Maryland are targeting drivers for speeding, DUIs, and other traffic offenses. Conviction for a DUI can result in prison time, substantial fines, loss of driving privileges,…
Read MoreThe Risks of Interlock Ignition Devices
Maryland requires some drivers who are found guilty of driving under the influence or driving while intoxicated to install an ignition interlock device (IID) in their vehicle. Additionally, drivers can be required to use an IID due to an administrative suspension, or as part of their eligibility for a work permit license. According to the…
Read MoreStatute of Limitations & Uninsured Motorist Claims
We have car insurance to protect ourselves (and others) financially in the event of an accident. It prevents us from having to pay out-of-pocket for medical expenses, vehicle damages, and other costs after a car wreck. One form of auto insurance available is uninsured/underinsured motorist coverage (UM/UIM). Uninsured motorist coverage is meant to cover your…
Read MoreMaryland Appeals Court Rules the State Cannot Force Retroactive Sex Offender Registration
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…
Read MorePersonal Breathalyzer Tests Could Land You in Jail for DUI
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…
Read MoreDoes 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?
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…
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