You’ll hear the phrase “he said she said” come up a lot in relation to certain types of court cases. Many times, it might be a family court matter. Other times, though, it’s a criminal case, especially when the alleged crime is sexual in nature. When you’re on trial in…
Articles Posted in Evidence
Police Officer Testimony About Out-of-Court Statements and When that Is — and Is Not — Inadmissible Hearsay in a Maryland Criminal Trial
A successful defense in a criminal case involves many things. One of these is keeping inadmissible evidence out of your trial. That can include excluding inadmissible hearsay testimony that potentially harms your case. To do this, and to make sure that your rights are fully protected throughout the process, it…
Can the Police Make a Traffic Stop in Maryland if You’re Driving in an Unusual, But Not Illegal, Manner?
If you’re familiar enough with policing, you know that a significant number of criminal arrests start out as traffic stops. Some law enforcement officers, armed only with their own intuition, will do their very best to concoct a reason to make a traffic stop because they believe they can get…
When the Video Footage Recorded by a Maryland Law Enforcement Officer’s ‘Bodycam’ May Constitute Hearsay and Be Inadmissible in Your Trial
As body cameras are becoming more and more common among law enforcement officers, bodycam video footage will continue to become more and more common in criminal trials. If you are someone facing criminal charges, it is important to recognize that, just because something was recorded by a police officer’s body…
When the Prosecution in Your Maryland Criminal Case Can — and Can’t — Get Evidence in Based on the ‘Opening the Door’ Doctrine
If you watch enough courtroom movies or TV shows then you’ve likely seen the following scene or something like it: Our star, an intrepid attorney, has unearthed enormously helpful evidence but it is not admissible. Then the other side makes an ill-considered comment or asks an unfortunate (for them) question.…
How Police Procedural TV Shows May Impact Your Maryland Criminal Case
Television has a major impact on how many people view the world, including the world of criminal justice. Of course, police procedural TV shows represent creative minds’ artistic interpretation of a crime scene investigation, a police interrogation, or a criminal trial. While that’s true, there still may be opportunities to…
Getting Potentially Incriminating Evidence Seized as a Result of a Warrantless Search Thrown out in Your Criminal Case in Maryland
Events from outside Maryland have once again placed into the national spotlight the issues of police stops of citizens and the bases the police use for initiating an encounter with someone. One important thing to know is that, in this state, the police must have a legitimate basis for stopping…
What the ‘Community Caretaking’ Exception Is and How You Can Overcome Its Attempted Use by Prosecutors in Your Maryland Criminal Case
When you are on trial for drug crimes or weapons charges, there’s a realistic chance that the primary evidence the state intends to use against you was obtained by a police search conducted without a warrant. The state will inevitably attempt to argue that the evidence is admissible under one…
How to Get an Expert’s Testimony Excluded from Your Maryland Criminal Case When that Expert is Not Sufficiently Reliable
If you’re on trial, one thing you may find exceptionally intimidating is when the prosecution puts on a scientific expert witness to testify. You may fear that the jury will give great importance to what this person says and, if his/her testimony seems to indicate that you’re guilty, then the…
What a ‘Statement Against Penal Interest’ is and How it Can Impact Your Criminal Case in Maryland
Chances are pretty high that you’re rarely heard the phrase “statement against penal interest,” if you’ve heard it at all. Chances are also very, very high that your knowledgeable Maryland criminal defense attorney knows exactly what this is and how to use it. A “statement against penal interest” is one…