Earlier this week, Maryland’s highest court issued a new opinion that made national headlines. The decision imposes necessary new standards on how prosecutors in this state can (and cannot) use ballistics experts. This ruling potentially represents a major aid for people in Maryland who stand accused of crimes involving guns.…
Articles Posted in Appellate Court Rulings
The Appeals Court of Maryland Criticizes Both Prosecutors and Defense Counsel in an Assault Case Involving a Woman Having a ‘Mental Health Crisis’
Often, this blog focuses on some sort of success for an accused person, like getting crucial evidence suppressed because the search that yielded it was unconstitutional. Sometimes, though, matters that end with unsuccessful – and even unjust – outcomes deliver the most important lessons, like one recent assault case from…
DNA Analysis Reports and What it Means to Your Defense When the Person Who Testifies Isn’t the One Who Created the Report
Television has popularized and glamorized the work of police crime lab workers. However, just like the actors on your favorite crime scene investigation shows, workers in real-life police crime labs come and go. This means that, sometimes, the person who creates a DNA analysis report may not be the one…
What You Can Do If You Gave the Police Consent to Perform a Search (and You Arguably Shouldn’t Have)
Sometimes, in interacting with law enforcement, you may make mistakes. Maybe you said something you shouldn’t have. Maybe you gave the police consent to search when you should’ve declined. Be aware that, even if you made a tactically less-than-ideal choice, there often are still ways to mitigate the damage and…
Presenting a Strong Defense in Your Maryland Sex Crime Case Centering Around Issues of Consent
For many people, “let’s meet up for a drink” is a frequent first-date proposal. Mixing alcohol and dating may be common but also presents risks, particularly when it comes to sexual contact and disputes regarding consent. If you find yourself facing charges for something that was actually a consensual sexual…
When You Should — and Probably Shouldn’t — Answer a Doctor, Nurse, or EMT’s Questions About Your Maryland Criminal Case in the Presence of a Law Enforcement Officer
Sometimes, law enforcement officers engage in clever maneuvers to get suspects to talk and provide information that incriminates them. There are certain ways to avoid falling into these traps. One is to make sure that you avoid making a statement to — or in the presence of — an officer…
When the Prosecution Can — and Can’t — Use Your Prior Bad Acts Against You as Part of a Maryland Criminal Trial
A lot of people who face criminal charges have, at some point in the past, had interactions with the criminal justice system. However, when you’re on trial, the law requires that the state build a case against you based on the crime charged, not on whether or not you did…
A Trial Judge’s Failure to Give a Defendant a Chance to Present Evidence of Mitigation Leads the Maryland Court of Appeals to Toss the Man’s 40-Year Sentence
In a criminal case, it’s not always getting an acquittal. Sometimes, that outcome simply isn’t “in the cards.” Even when it’s not, you still need the right Maryland criminal defense lawyer on your side to protect your rights and ensure you get justice. Even if a conviction is unavoidable, it’s…
Challenging the Jury Selection in Your Maryland Criminal Case, and How to Avoid Inadvertent Waivers of Your Legal Options
In 2000, an American rock band achieved international commercial success with a song entitled “All the Small Things.” The song saluted the many small things the songwriter’s partner did that were integral to fostering the relationship’s success. A successful criminal defense, much like a successful friendship or couples relationship, is…
Juvenile Suspects, Police Interrogation, and When a Confession is (Or Isn’t) Voluntary Under Maryland Law
For an agreement to be legally binding, certain things must be true. Generally, both sides must have agreed to the agreement’s terms knowingly and voluntarily, free from improper coercion, duress, or fraud. That’s true whether you’re entering into a commercial sales contract, a marital settlement agreement, a plea deal, or…