Gun violence in Baltimore has flared up. Accordingly, news that the Maryland Court of Appeals recently published a criminal law opinion that ruled in favor of a previously convicted defendant caused a big stir among city officials and the media. The Baltimore Sun published an editorial that expressed outrage that…
What is a plea agreement? Essentially it is a contract between a criminal defendant and the State in which the defendant enters a plea of guilty or nolo contendere on a charge. The court may accept or reject the agreement, but if it approves the agreement it must follow the…
Our office was recently retained by a client who was in the wrong place at the wrong time and the potential consequences she faced were far more serious than a $25,000.00 fine and 4 years in jail. This client was originally from the Dominican Republic and was a Legal Permanent…
When accused of a crime in Maryland, you are entitled to a jury trial. Whether or not a jury trial is the best option for you depends upon the facts of your case. In certain cases there may be good reasons to waive a jury trial and your criminal defense…
Most people are aware of the protections offered by the Fourth Amendment of the United States Constitution. One protection is the right to be free from unreasonable searches and seizures. The other requires that police only get a warrant that is particular and supported by probable cause. The Supreme Court…
A few months ago, this blog featured a discussion on Maryland v. King, a case that was then only pending before the United States Supreme Court. To refresh readers’ memories: A criminal defendant appealed a rape conviction that occurred only because Maryland police were able to take a cheek swab…
Usually a defendant cannot blame drunkenness or intoxication for his or her criminal conduct. However, in Maryland, as in other states, a defendant can ask that the jury receive a voluntary intoxication instruction when he or she is charged with a specific intent crime. A specific intent crime is one…
In a recent case, a Maryland appellate court considered, among other issues, the question of whether two convictions for conspiracy to commit first-degree burglary had created double jeopardy. The victim of the burglary lived with his sister in Maryland. In December 2010, he came home to the back door broken…
Family law cases regarding child custody frequently turn on the best interests of the child. While parents have a Fourteenth Amendment right to raise their children without the State’s interference, this isn’t an absolute right. It must be balanced against society’s responsibility towards the child’s welfare. In Maryland, the court…
The Maryland Court of Special Appeals recently addressed two interesting questions of criminal trial procedure. The first question was what kind of crime could be used to impeach (discredit) a witness. The second question was whether a trial court is permitted to refuse a re-cross examination once new testimony is…