Criminal
Under 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.…
Read MoreShoplifting Offenses and the Juvenile Justice System in Maryland
When someone under the age of 18 commits a crime, they’re not dealt with through the adult criminal justice system, but through the juvenile justice system instead. Here in Maryland, the Department of Juvenile Services (DJS) has its own intake, court, prosecutors, detention, and rules. However, a criminal offense is still a criminal offense, and…
Read MoreThe Sex Offender Registry in Maryland – Frequently Asked Questions
The national sex offender registry is a public list used for the purpose of identifying individuals convicted of sex crimes. Every state, including Maryland, has its own registry and procedures, and anyone convicted of a sex crime is required to register in the state in which they live and work. The sex offender registry is…
Read MoreProposed Legislation Aims to Change Maryland Electronic Court Records Loophole
Recent legislation proposed by a Maryland judiciary panel targets a “loophole” in the state’s electronic court records system that allows attorneys to indiscriminately keep court filings hidden from the public. State Senator Jill Carter sponsored the bill in an effort to provide transparency and allow judges, rather than prosecution or defense attorneys, to decide what…
Read MoreWhy Sometimes a Plea Bargain May Be the Right Choice
A criminal record is a criminal record, and even a misdemeanor charge can have some chilling effects on the way you live your life. That being said, however, there are occasions when agreeing to a lesser charge may be your best and only option. For example, if you admit to a crime that you actually…
Read MoreIs CBD Oil Legal in Maryland?
Cannabidiol – also known as CBD – products come in all forms: lotions, creams, beverages, foods, cosmetics, and other consumables and things that can be applied to your body. The products are being sold in retail stores, health stores, and online. And even though marijuana use is still illegal in Maryland (barring approved, prescribed medical…
Read MoreDoes Double Jeopardy Apply to Federal and State Cases?
Maryland and the US government each have their own criminal statutes, their own rules of criminal procedure, and their own sentencing guidelines. Most crimes are violations of Maryland law or federal law but not both jurisdictions. For example, crimes on federal lands are usually prosecuted in federal courts while crimes on state property are prosecuted…
Read MoreAccusations of Sexual Assault When Both Parties Were Intoxicated
Imagine two people, both of whom are drunk or under the influence of drugs. One person accuses the other person of sexual assault. The accused does not believe he or she committed assault, or does not remember the events of the evening. In some cases, the accuser may not remember all the events of the…
Read MoreWhen Can a Juvenile Be Tried as an Adult?
States usually try juveniles differently than adults for many reasons. States treat young people who commit crimes differently because they recognize that children should be given time to mature. Many children commit nonviolent offenses such as shoplifting or underage drinking without realizing the full consequences of their actions. The aims of the juvenile system are…
Read MoreDo I Have to Go to the Police Station to Answer Questions?
Do you have to speak with the police at the police station? Many people think the answer is “yes” because that’s what people on TV crime dramas do. Fortunately, the real world doesn’t follow TV scripts. Unless you are being arrested for a crime, there is normally no requirement that you go to the station…
Read MoreHow to Behave in Court
It should come as no surprise that actual appearances in court are not like those portrayed on TV and in the movies. Defendants charged with anything ranging from a traffic offense to a felony need to understand that their appearance and behavior will be judged by judges and juries. How you present yourself matters, and…
Read MoreMaryland’s Prison Populations Drops to a 30 Year Low
The Baltimore Sun reported in April that Maryland’s prison population had fallen to 17,815. It was the first time the prison population was below 18,000 in 30 years. Over the last 10 years, the number of prisoners has dropped by nearly 30%. The statistics were compiled by the Vera Institute of Justice, which analyzed data…
Read MoreWhat Is Due Process?
Due process: it’s a phrase we often hear, but most people have little idea what it means. In the most general way, due process is a fairness doctrine, aimed at protecting the rights and liberties of both the accused and the accuser in a court of law. For many, due process has become synonymous with…
Read MoreThe Constitutional Right to Health Care that Only Prisoners Have
Constitutionally, citizens have no right to health care. There have been laws passed and programs instituted that give us access to healthcare, but for most of us, healthcare is an option, not a right – with one notable exception. The incarcerated. The New Yorker recently profiled a 30-year old named Jeremy Laintz whose fortunes turned…
Read MoreNew Maryland Bill Aims to Help Victims of Sex-Trafficking Expunge Their Criminal Records
A new bill aims to help victims of sex-trafficking help clear their names so their convictions can’t be viewed by the public. Sex-trafficking often requires that the victims, many underage, commit other crimes such as drug crimes in addition to prostitution and sex-related offenses. Prior attempts to modify Maryland’s sex trafficking laws have been stymied.…
Read MoreQuestions & Answers About Assault Charges in Maryland
If you’ve been charged with assault in Maryland, you may have many questions about the charges and the judicial process. The legal team here at Carey Law Office has put together some common and general questions and answers for your convenience, and we urge you to contact us if you need assistance. What are the…
Read MoreIs “Emoji Law” Actually a Thing?
The emoticon was born on September 19, 1982 when Professor Scott Fahlman of Carnegie Mellon suggested using the keyboard symbols 🙂 and 🙁 to express emotions online. This caught on, spread around the country, and eventually we were all using emoticons. However, beyond simple emojis like that, interpretations of other emojis can be rather subjective.…
Read More