Criminal
What Are the Roles of a Prosecutor and State’s Attorney in a Criminal Case?
When an individual is arrested and charged with a crime, the local prosecutor’s office has the power to prosecute the case, send the offender to a diversion program, or dismiss the case completely. The state’s attorney also makes recommendations to the judge regarding bail or revocation of bail. If you are facing criminal charges, it…
Read MoreSedition, Insurrection, Coup, and Treason: What These Words Really Mean
On January 6, 2021, a violent mob stormed the Capitol building in Washington, DC. The riot led to the lockdown of the building, property damage, countless injuries and, when the dust cleared, five deaths. In the ensuing days of confusion and chaos, Americans are hearing terms we haven’t talked about since we were in history…
Read MoreWitness Intimidation Can Take Place Anywhere, Even on Instagram
Instagram is one of the most popular social media apps. Its popularity does not diminish its dangers, however. While witness intimidation is nothing new, the sheer numbers of people who are threatening one another online seem to grow every day. According to reports, multiple Instagram accounts based in Baltimore were deactivated after it was found…
Read More5-Year-Old Killed by Mom’s Boyfriend After Being Forced Out of the Car
A tragic accident in Alabama took the life of a five-year-old boy. A Russell County Sheriff told CBS News that the boy was forced to exit the car he was riding in on a busy highway as punishment for ‘acting up.’ The child has been identified as Austin Birdseye. He was riding in the car…
Read MoreTeen Magicians Arrested, Strip Searched, and Detained
In one of the more shocking news stories of the year, teen siblings who found fame on America’s Got Talent were detained, strip searched, and forced to spend a night in a juvenile detention center. The teens, 15 and 13, were arrested by police in Louisiana in November for refusing to leave their father and…
Read MoreMaryland Hate Crime Statistics for 2019
The Federal Bureau of Investigation (FBI) recently released is 2019 hate crimes statistics, and Maryland had 19 hate crime incidents recorded in 2019. Hate crimes are separated into multiple categories based on the type of incident, location, and agency reporting the crimes. The data was provided by the FBI’s Uniform Crime Reporting (UCR) program. The…
Read MoreThe Science Behind Uncredible Witnesses
On November 17, 2020, Circuit Judge Stacy McCormack ruled that Darius Devon Mackell was not guilty of murder, robbery, and firearms charges stemming from the death of Dontae Simmons in 2018. Judge McCormack absolved Mackell of those charges in part because she did not find the prosecution’s witness credible. Per The Baltimore Sun, Judge McCormack…
Read MoreCocaine, FedEx, and Baltimore’s Own Version of “The Sting”
In Mid-November, a DEA agent – dressed up like a FedEx driver – dropped off a package of cocaine at home in Baltimore. A woman answered the door and accepted the package, so police started planning to get a search warrant. Before the warrant could come through, The Baltimore Sun reports, police “said a man,…
Read MoreHow a Glen Burnie Man Admitted to Murder but Avoided Prison
There is an old trope in film and television about pleading “insanity” to go free from a murder case. In Maryland, claiming that a client is “not criminally responsible” is a tough row to hoe, and it is not used all that often. Which is why the murder case of Tyrique Hudson, and the subsequent…
Read MoreCan You Be Charged with a Crime if a Sudden Medical Emergency Leads to a Fatal Accident?
Most people take for granted that they can just hop into our car and get from one place to the other. Certain medical conditions, however, may bar certain individuals from doing that, because those conditions (or prescribed medications) make driving unsafe. However, a sudden medical emergency is often unexpected. A heart attack, a stroke, a…
Read MoreMaryland 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 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 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 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 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 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 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…
Read MoreThe Maryland Criminal Justice System during the Coronavirus Crisis
The COVID-19 health crisis has changed the ways the Maryland criminal courts and other courts and agencies operate. Many courts and agencies have suspended services which affect the rights of those with pending cases, those with outstanding charges, and those who need to use the agencies to restore their licenses and start their life again.…
Read MoreWhat Rights Will I Lose after a Criminal Conviction in Maryland?
A Maryland-based group called Life After Release is working to ensure those detained and incarcerated while awaiting trial have access to vote. Although there’s no law on the books in our state that prevents people charged with a crime from voting, detained individuals often can’t vote because they don’t have the accessibility to do so.…
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