In a Maryland criminal trial, the State must prove the elements of the crime of which the defendant is accused “beyond a reasonable doubt.” A significant aspect of this part of a case involves jury instructions. The judge is legally obligated to give the jury instructions on the elements of the…
A criminal arrest and prosecution are serious matters, whether the alleged crime is a felony or misdemeanor. After reviewing your case, an experienced criminal defense attorney would be able to assess the circumstances and the applicable law, and prepare a strong defense of the charges. It is also important to…
As a general rule, under the Fourth Amendment to the United States Constitution, citizens are protected from “unreasonable searches and seizures.” In order to conduct a search, a law enforcement officer is required to obtain a court-issued warrant. As with most legal provisions, courts have interpreted the Fourth Amendment in…
In criminal cases, law enforcement personnel employ a variety of different methods to gather evidence against an alleged “suspect.” One such strategy includes the use of wiretapping and electronic surveillance in an effort to intercept wire, oral, and electronic communications. Both federal and state laws govern the use of wiretapping…
Maryland’s criminal justice system may seem complicated and intimidating to a person who has been arrested or charged with a crime. It is important to remember, however, that you may be able to assert any number of valid defenses. For instance, there exist both substantive and procedural criminal defense strategies. Substantive defenses…
The Sixth Amendment guarantees citizens who have been charged with a crime the right to a trial by an impartial jury. The jury selection process serves to ensure that a panel of jurors is chosen fairly. Accordingly, under Maryland criminal law, prosecutors (the state’s counsel) and defense counsel are each…
The state of Maryland has adopted the law of double jeopardy, as set forth in the Fifth Amendment of the United States Constitution. Essentially, the law protects citizens from being tried twice for the same crime. It is important to understand that double jeopardy is not a defense to the…
A person who is arrested or charged with a crime – whether it is classified as a felony or misdemeanor – is encouraged to seek the assistance of an experienced criminal defense attorney. The gathering of evidence and other circumstances surrounding the arrest and indictment are extremely important pieces of…
Depending on the facts of a criminal case, a person may invoke any number of claims to overturn his or her conviction. For one, under Maryland law, a defect in the return of a jury verdict could render a conviction illegal and therefore a nullity. But understanding the situation under…
In Maryland, and in states throughout the country, people are entitled to legal protections under the Fourth Amendment – namely, to be free from illegal searches and seizures of their person, homes, papers, and effects. When a person is arrested or charged with a crime, it is vitally important that…