If a person is convicted of a crime after a bench trial (by a judge) or a jury trial, he or she is typically entitled to appeal the conviction and to assert any number of pertinent arguments. One of the more common arguments on appeal concerns a lack of sufficient evidence…
The quality of the evidence and the manner in which it is obtained are the two critical components of any criminal case. For instance, every citizen is entitled to the Fourth Amendment protections from an illegal search and seizure. A person who is arrested or charged with a crime must look…
The outcome of a criminal case often depends in large part on the sufficiency of the evidence in light of established Maryland law. There are many defenses that may be asserted with respect to allegedly incriminating evidence. When a person is charged with criminal possession of contraband, courts have held…
In most criminal cases, the defendant will have opportunities throughout the proceeding to raise a number of different defenses. These defenses can serve to reduce the severity of the criminal charges or set forth a complete defense. Additionally, if a person is convicted of the charged crimes, he or she…
In a recent case a defendant asked the Maryland Court of Appeals to review of a judge’s imposition of a 25 year mandatory, enhanced sentence. The defendant had been convicted of cocaine distribution and conspiracy. The State notified the defendant it would seek a mandatory 25-year sentence without possibility of…
The Fourth Amendment protects people against unlawful searches and seizures. Usually, a warrant is required for a search. Often a criminal defense attorney is able to prevent evidence against his client from coming in, if he can show that the evidence was obtained through an unlawful search or seizure. However, there are…
When is a reasonable suspicion truly a reasonable suspicion and not just a hunch in Maryland? A law enforcement officer can conduct an investigatory stop only if the officer has a reasonable suspicion and not a mere hunch that the person being stopped is committing some kind of infraction or…
Marijuana law reform is underway in Maryland. There are currently three medical marijuana proposals before the state legislature. Two of these will institute a state-run commission for research. The third bill—House Bill 302—requires the state Department of Health and Mental Hygiene to oversee the regulation of dispensaries. If it passes, patients…