Under Maryland law, all criminal defendants are presumed innocent if and until they are convicted. A conviction can occur via a guilty plea or through a bench or jury trial. At a criminal trial, the prosecution must present evidence that proves beyond a reasonable doubt that the defendant actually committed…
In a recent consolidated case, a Maryland court considered waiver of jury trial in two unrelated cases. In one case, the defendant was accused of sexual assault and rape and was convicted after a bench trial. Before the trial, the defense attorney explained the right to jury trial to the defendant…
In a recent case, an appellate court considered whether a judge could increase another judge’s sentence that was less than what was agreed upon in a plea agreement. The case arose in 1989 when a man was indicted for two first-degree murders and other major crimes. The State planned to…
Under Section 1-202 of the Criminal Procedure Article, an interpreter will be appointed for a criminal defendant when the defendant can’t readily understand or communicate in English and can’t understand the charge or help with his or her defense. The court is required to appoint a spoken language interpreter when…
A recent appellate case considered the “dying declaration” exception to the rule against hearsay evidence, among other things. The defendant was indicted for first-degree murder, armed robbery, conspiracy, and possession of a firearm by a person not permitted to have one. Before the trial, he moved to suppress the victim’s…
In a recent case, a woman appealed her conviction of theft less than $100. The statutory punishment was imprisonment not exceeding 90 days or a fine not exceeding $500 or both. When the woman asked for a jury trial, her case was forwarded to a circuit court. The State of…
A recent case involved murder, assault, and the use of a handgun in a violent crime. The defendant was sentenced to 53 years of incarceration. The victim was shot outside his home as he was coming back from church with his wife. He survived and at trial identified the defendant…
In a recent case, a defendant was indicted and charged with burglary in the first, third, and fourth degree, plus theft of property over $1,000 and malicious destruction of property in connection with burglary of a house. At the end of the bench trial, the court determinded the defendant guilty…
A recent appellate case arose from an armed carjacking. The defendant and a companion approached the victim in Baltimore City, pointed guns at him and told him to get on the ground. The victim obeyed while the defendant and his companion took his wallet and keys. When the victim got…
You may be wondering whether a separate Maryland criminal case can have repercussions in your current criminal case. The older case can impact how you are sentenced in a current case. However, the penalties in the earlier case cannot be transferred willy-nilly from the older case to the current case.…