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Articles Posted in Appellate Court Rulings

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How Misconduct By the Police Who Arrested You May Get Your Maryland Conviction Vacated, Even if the Misconduct Was Unrelated to Your Case

There are actually several different ways that your Maryland criminal conviction can be tossed and, believe it or not, some of them may start with an action taken by prosecutors. Sometimes, after you’ve been tried and sentenced, prosecutors may discover evidence that has a clear connection to you and is…

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Maryland’s Highest Court Agrees that a Man Caught in a ‘Light Rail Fare Sweep’ Had His Fourth Amendment Rights Violated

One of the most invasive incursions the state can make against its citizens is to breach the citizens’ right to be “secure in their persons, houses, papers and effects.” It is this invasive nature that led the Founding Fathers to address the topic within the Bill of Rights, banning unreasonable…

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The Multiple Ways in Which You Can Overcome a ‘Firearm Possession’ Charge in Maryland

Details matter in a criminal case, and, sometimes, even seemingly minor or trivial details may matter A LOT. Something else that matters a great deal in defending against criminal charges is pursuing all the potential areas in which you can attack the charges. That’s where having a skilled Maryland criminal…

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A 2020 Court of Appeals Decision Changes the Landscape of Voir Dire in Maryland Criminal Trials… and Indirectly Shows Why Good Defense Counsel Matters So Much in These Cases

On your favorite police-and-prosecutors procedural, you may encounter an episode where one of the attorneys intones dramatically that a particular outcome in a certain case could impact thousands of cases and lead to the reversal of hundreds of convictions. Real-life is often less dramatic. Occasionally, though, a real-life case comes…

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How a Civil Lawsuit About Lead Paint Exposure Could Have a Major Impact on Your Criminal Case in Maryland

Back in September, the Maryland Court of Appeals made a very important ruling. Unless you read legal publications, you probably haven’t heard about it, as it didn’t make the major newspapers. The case wasn’t a big reversal of an accused person’s major conviction. In fact, it wasn’t even a criminal…

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The High Degree of Value Favorable Character Evidence Can Have as Part of Your Criminal Trial Defense in Maryland

Being falsely accused of a sex crime can be an enormously terrifying experience, especially if the alleged victim was a child. There can be many reasons why this might happen, from a vindictive ex-spouse seeking to gain an advantage in family court to an over-zealous therapist suggesting a repressed memory…

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Getting that Gun the Police Found in an Illegal Search and Seizure Excluded from Your Maryland Criminal Trial

Law enforcement officers may stop your moving vehicle or approach your parked vehicle for a variety of reasons. While many of those reasons are legal and appropriate, sometimes they’re not. When you’re involved in an illegal search and seizure and that encounter ends with your arrest, then the law says…

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The Many Ways that Making the Right Plea Agreement Can Help You if You’re Facing Charges in Maryland

Your skilled Maryland criminal defense attorney can help you in a wide array of ways. One vital area is working out a plea agreement. A knowledgeable attorney has the experience to know when you should or should not agree to a plea bargain and, if yes, how to get the…

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The Difference Between Success and Conviction in Your Maryland Criminal Case May Rest Upon Seemingly Small Details

Sir Arthur Conan Doyle is a British author best known for writing the stories of detective Sherlock Holmes. In the 1891 story, A Case of Identity, Holmes opined that “it has long been an axiom of mine, that the little things are infinitely the most important.” Any good Maryland criminal…

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What You Do — and Don’t — Have to Say to Invoke Your Right to Legal Counsel in Maryland

It is that moment that is so common to TV police-and-prosecutors shows… and so very frustrating to those fictional law enforcement officers. It happens when the suspect the police are questioning looks the officers in the eyes and says, “I’m not talking without my lawyer here.” If you are facing…

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