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Maryland Criminal & Immigration Lawyer Blog

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How Battered Spouse Syndrome Evidence May Help You in Your Murder or Manslaughter Trial in Maryland

35 years ago, the TV movie The Burning Bed brought spousal abuse and domestic violence into the front of the public consciousness. The famous Farrah Fawcett film and a 1980 book of the same name were based on a 1970s case where a Michigan woman doused a bed in gasoline…

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What Constitutes an Unconstitutional Search or Seizure, as Opposed to a ‘Consensual’ Interaction With Police in Maryland?

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…

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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,…

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How a Prosecutor’s Misstatement of the Law in Closing Arguments Got One Maryland Man a New Trial

There may be certain things that you may know about criminal trials and criminal law. You may understand what hearsay is and that the prosecution can’t use most kinds of hearsay evidence against you. You may know that the prosecution can’t use irrelevant evidence or (in most situations) force your…

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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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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…

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When a Statement is — and is Not — Admissible Against You in Maryland as an ‘Excited Utterance’

If you’re watching your favorite courtroom drama show, you may hear a lawyer say to a judge, “Objection! Hearsay!” That’s because, most of the time, hearsay evidence is inadmissible at trial. The law considers general hearsay to be lacking the degree of reliability needed for admissible evidence in a court…

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An Important New Ruling from Maryland’s Highest Court Says that the Odor of Marijuana Alone Doesn’t Give the Police Cause for a Warrantless Search

Many times, changes in the law are reflections of changes in society. That can be true both in case law and in statutory law. The landmark 2015 U.S. Supreme Court decision that said that all same-sex couples have a fundamental right to marry is an example of the former. The…

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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…

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