Depending on the circumstances, a defendant charged in a criminal action may be able to assert several different defenses, some of which could result in a reduction of the severity of the charges or an acquittal. In a recent case, the defendant was convicted of robbery with a deadly weapon…
There is no question that criminal arrests vary from case to case. But every defendant is entitled to certain protections under the law. And in many cases, the defendant (the person arrested or charged with a crime) may be entitled to raise any number of applicable defenses. Such defenses may…
Jury selection is a critically important aspect of a criminal trial. This phase is also referred to as “voir dire” – the point at which counsel for both the State and the defendant have an opportunity to ask the potential jurors questions in order to determine whether an individual exhibits…
Criminal cases vary a great deal, from the moment when a person is arrested and charges are filed to the conclusion of a jury trial or plea bargain. Under Maryland law, criminal defendants are typically afforded the right to a trial by jury. With this right come certain rules and…
The collection, retention, and use of DNA evidence in a criminal matter can raise various privacy concerns. In a recent Maryland case, a homeless man, George Varriale, voluntarily provided his own DNA samples to the local county police department in order to clear himself as a suspect in an alleged rape…
A defendant in a criminal case has certain identifiable rights under Maryland state law, such as the right to a trial by jury. As we discussed in a recent blog post, a defendant may elect to waive the right to a jury trial at any time before the trial begins.…
Late last fall, one of our current immigration clients came to office desperately seeking help. He had recently been pulled over by police on two (2) separate occasions and charged with “driving without a license.” The client had initially retained our immigration attorneys to help him acquire his legal permanent…
Under Maryland law, all criminal defendants are presumed innocent if and until they are convicted. A conviction can occur via a guilty plea or through a bench or jury trial. At a criminal trial, the prosecution must present evidence that proves beyond a reasonable doubt that the defendant actually committed…
In a recent consolidated case, a Maryland court considered waiver of jury trial in two unrelated cases. In one case, the defendant was accused of sexual assault and rape and was convicted after a bench trial. Before the trial, the defense attorney explained the right to jury trial to the defendant…
In a recent case, an appellate court considered whether a judge could increase another judge’s sentence that was less than what was agreed upon in a plea agreement. The case arose in 1989 when a man was indicted for two first-degree murders and other major crimes. The State planned to…