Both the U.S. and Maryland courts include protections against law enforcement officers conducting unreasonable searches and seizures. Maryland law also has some clear guideposts about the circumstances that do (or do not) constitute a search or seizure, and they include some scenarios you might not necessarily have associated with illegal…
Articles Posted in Guns
What the Right of a Maryland Defendant to ‘Be Present at all Stages of a Criminal Trial’ Means and How that Right Can Help
A criminal defendant has many rights under the U.S. and Maryland constitutions. Article 5 of the Maryland Declaration of Rights says that a criminal defendant has the right to be physically present at every stage of his trial. This right is very important because, sometimes, a judge will misconstrue, forget,…
What You Need to Get Evidence Seized in a Police Checkpoint Thrown Out in Your Maryland Criminal Case
For many people, traffic checkpoints operated by police trigger feelings of frustration and annoyance. For others, then can be a source of stress and anxiety. If you are arrested during a police checkpoint, there may still be cause for hope. The law in Maryland imposes some restrictions on what does…
If Your Pat-Down Search Was Illegal, That May Entitle You to Suppression of Evidence in Your Maryland Criminal Trial
Most police officers are ethical people who try to uphold the law within the confines of the rules that the constitution and the law have created. However, whether an officer is a “good” cop or a “bad” cop, the officer has the potential to make mistakes, to go outside the…
When the Prosecution Can — and Cannot — Use Your Old Convictions Against You in Your Maryland Criminal Trial
When your defense involves you testifying in your trial, the prosecution is almost certainly going to do something called “impeaching” you. Unlike in politics and government, where impeaching often means seeking to remove an official from office, impeaching in this sense means offering proof that casts doubt upon the truthfulness…
Obtaining a Reversal of Conviction in Your Maryland Criminal Case Where the Evidence is Insufficient
One of the techniques that the state can use in prosecuting you in a criminal matter is layering multiple charges based off one single incident. That way, they hope, even if the prosecutor can’t convict you for murder, the state may still land a conviction for, say, weapons charges. One…
The ‘Exclusionary Rule’ for Illegally Obtained Evidence and How It Can Help You in Your Maryland Criminal Trial
In this country and in this state, people are afforded certain rights, including the right to be free from being stopped by the police for no reason. That freedom is very important because, sometimes, a large amount of evidence that would otherwise be admissible in a criminal trial may be…
A Silver Spring Defendant Gets an Opportunity for Re-sentencing after a Trial Judge’s Misinterpretation of the Law and the Defendant’s Successful Appeal
There are many things that may be worth challenging in court in your criminal case. You may need to contest improperly admitted evidence or you may need to dispute a legally erroneous sentence. Many of these things may require you to make that challenge to the trial judge and, if…
When a Baltimore Police Officer Put His Head in an Open Car Window, He Engaged in a Warrantless Search, According a Recent Maryland Court Ruling
In many criminal defense cases, the difference between a conviction and an acquittal can come down to what evidence got presented to the jury, and what evidence did not. In that regard, one of the more important parts of your criminal defense can be your request that asks the judge…
The State’s Reliance on Only an Anonymous 911 Tip Wasn’t Enough in a Baltimore Man’s Criminal Trial
Most people, including non-lawyers, are aware that the Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. A non-lawyer, including even a very knowledgeable one, however, might not be aware of what a “Terry stop” is and what that phrase can potentially mean with regard to a…