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…
Maryland Criminal & Immigration Lawyer Blog
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…
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…
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…
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…
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…
How an Inadequate Waiver of Your Right to a Jury Trial Can Get You a New Trial in Maryland
A criminal defendant’s right to a trial by a jury of his peers is a very fundamental constitutional right in Maryland and the rest of the United States. To make sure that this right is protected, Maryland law has established some very specific processes that must be completed before a…
When the Prosecution is — and Isn’t — Able to Bring in Certain Proof Based on Your ‘Opening the Door’ to that Evidence
Criminal trials can be full of many nuances and “shades of gray.” For example, some kinds of evidence are generally inadmissible, but may occasionally be admissible under specific special circumstances. As an accused person standing trial, the difference between success and defeat may be your ability to persuade the court…
A Man Charged in a Maryland Machete Attack Defends Himself Without a Lawyer… and Gets the Maximum Possible Sentence
An old adage says that “a man who is his own lawyer has a fool for a client.” The adage, of course, means that it is generally never a good idea to proceed without skilled legal representation in any legal action. The need for effective counsel is never greater than…
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…