Sexual Offense

Improper Argumentation and Egregious Prosecutorial Errors in Maryland Criminal Trials

December 17, 2024 | by Anthony A. Fatemi, LLC

Sometimes, prosecutors make statements that fall outside the bounds of what the law and the rules of court procedure allow. Many of these errors are modest, but others are severe transgressions. The latter requires more than just a sustained objection to a prosecutorial question if the defendant is to receive a fair trial. Spotting these mistakes and making the appropriate requests of the judge are crucial parts of ensuring a full and appropriate defense and are essential ways in which an experienced Maryland criminal defense lawyer can help a person accused of a crime.

A recent sex crime case from Prince George’s County illustrates one form of egregious misstep that prosecutors can make.

The trial involved D.J., a man accused of having sex with a 15-year-old girl. The accused acknowledged a relationship but stated that the sexual affair did not begin until the alleged victim was 18.

A New Maryland Supreme Court Ruling Addresses the Circumstances Where the Defense’s Proposed Voir Dire Questions are Mandatory

August 16, 2024 | by Anthony A. Fatemi, LLC

Putting forward a criminal defense involves much more than simply making a trial presentation. Criminal cases may be functionally won or lost before either side makes its opening argument to the jury. Processes like the jury selection process are crucial, as removing jurors with biases may be vital to getting a fair trial. That is especially true in cases involving emotionally charged subject matter, like sex crimes, crimes against minors, and especially child sexual abuse. Whatever crimes you face, you need to do everything you can to ensure you get a fair chance and a level playing field. That starts with retaining an experienced Maryland criminal defense lawyer.

The jury selection process in Maryland criminal trials involves the judge asking potential jurors several questions. This process, voir dire, is intended to draw out potential jurors’ prejudices that might affect their ability to decide the case impartially. Counsel for the accused and the state can ask the court to exclude potential jurors based on the voir dire answers given. (The law also allows the two sides to exclude potential jurors for no reason, but prohibits using those “peremptory challenges” based on discriminatory motives.)

Voir dire — and when a proposed question is (or is not) mandatory — was at the center of a major new ruling from the Maryland Supreme Court released earlier this month. This decision further strengthens the tools the defense has available for unearthing juror biases.

No ‘Experts in Credibility’: What Maryland Law Says About Witnesses Opining About Whether Another Witness Should Be Believed

April 9, 2024 | by Anthony A. Fatemi, LLC

In many criminal matters that make it to trial, the difference between an acquittal and a conviction is which side’s witnesses the jury finds more believable. To ensure you have the benefit of a fair trial, the law forbids the prosecution from doing or saying certain things that would tend to bolster unfairly the credibility of its witnesses. Keeping out this kind of inadmissible evidence often requires a well-stated and well-timed objection, which one reason why is any accused person’s case can benefit from the services of a skilled Maryland criminal defense lawyer.

The prosecution of E.C. in Montgomery County is a prime example of this sort of inadmissible evidence.

In April 2022, the accused man stood trial in a multi-count sex crime case. The state’s central witness was the alleged victim. In addition to the alleged victim, the prosecution also presented a physician who spoke to the alleged victim. The physician testified that the alleged victim’s comments and statements were “credible.”

What Can You Do When the Police Accidentally Destroy Evidence that’s a Part of Your Maryland Criminal Case?

April 7, 2023 | by Anthony A. Fatemi, LLC

When the police destroy evidence that was relevant to your case, that’s potentially a huge problem, as you’ll never know if that proof could have strengthened your case. When that happens — whether the destruction was accidental or intentional — there are steps you can take. When it comes to this and other procedural matters, having an experienced Maryland criminal defense lawyer on your side can help you maximize the protection of your rights.

Missing evidence was key to one Montgomery County man’s recent criminal case and a reversal of his conviction.

21-year-old E.M. was on trial for the alleged sexual assault of a 15-year-old girl. In the case’s initial stages, a Montgomery County detective interviewed the girl and her parents. The police department recorded the interviews but later deleted them after the detective made a computer keystroke error that resulted in the failure to preserve the recordings in “indefinite storage.”

Presenting a Strong Defense in Your Maryland Sex Crime Case Centering Around Issues of Consent

October 10, 2022 | by Anthony A. Fatemi, LLC

For many people, “let’s meet up for a drink” is a frequent first-date proposal. Mixing alcohol and dating may be common but also presents risks, particularly when it comes to sexual contact and disputes regarding consent. If you find yourself facing charges for something that was actually a consensual sexual encounter, be sure to retain a knowledgeable Maryland criminal defense lawyer right away. Whether or not alcohol was involved, the right legal team can help you put on the effective and complete defense you deserve.

J.J. was one of those sex crime defendants. In August 2020, law enforcement officers in Anne Arundel County pulled over a woman they suspected was driving while intoxicated. When the officers approached her, the woman was upset and told them about her date with J.J.

According to the woman, she blacked out during the date and, when she regained consciousness, she found J.J. sexually attacking her. The man, however, maintained (and testified) that the entire encounter was completely consensual. The state brought charges of second-degree rape, third-degree sexual offense, fourth-degree sexual offense, and second-degree assault.

Ways that You Can Enhance Your Credibility Before the Jury in Your Maryland Criminal Case

November 9, 2021 | by Anthony A. Fatemi, LLC

You’ll hear the phrase “he said she said” come up a lot in relation to certain types of court cases. Many times, it might be a family court matter. Other times, though, it’s a criminal case, especially when the alleged crime is sexual in nature. When you’re on trial in one of these kinds of cases, credibility is key… does the jury believe what you said, or do they believe the alleged victim? There are lots of ways that experienced Maryland criminal defense lawyers have of procuring evidence that will bolster your credibility, diminish the accuser’s credibility and give you the fairest possible trial.

Take, as an example, the case of R.G., a man on trial for rape in Montgomery County. At around 5:00 pm on Oct. 8, 2018, R.G. and the alleged victim met up and traveled together to his home. At the residence, the pair consumed tequila. By 7:15 am the next morning, the woman awoke in R.G.’s bed, naked and allegedly experiencing a great deal of pain in her genital area.

The prosecution’s theory of the incident was that the accused had manipulated the woman into drinking to excess, may also have laced a lime wedge with a “date-rape” drug, then proceeded to rape the woman repeatedly in an extremely violent and savage manner.

The High Degree of Value Favorable Character Evidence Can Have as Part of Your Criminal Trial Defense in Maryland

September 10, 2020 | by Anthony A. Fatemi, LLC

Being falsely accused of a sex crime can be an enormously terrifying experience, especially if the alleged victim was a child. There can be many reasons why this might happen, from a vindictive ex-spouse seeking to gain an advantage in family court to an over-zealous therapist suggesting a repressed memory that wasn’t real to a rebellious, troubled stepchild acting out against discipline. Whatever the specifics of how you got charged, the penalties are potentially severe and life-changing, so you need to be sure you have strong representation from a skilled Maryland criminal defense attorney.

There are several situations in which you can bring in evidence of your own good character into your criminal trial. For example, if you were on trial for a crime that involved fraud, lying or deception, you could put on proof that you had a reputation for truthfulness and honesty. However, what if you’re on trial for a child sex crime… can you use evidence of your past history of always conducting yourself appropriately around children? According to a recent Court of Appeals decision, yes, you can.

The defendant in that Court of Appeals case was a male teacher who allegedly sexually abused several female students. As part of his defense, the teacher sought to present testimony from other teachers and from parents of students. Those individuals’ testimony would all state that the defendant was a man who was frequently around children and who “behaves appropriately with children in his custody or care.”

What the ‘Doctrine of Merger’ Is and How It May Greatly Reduce the Final Sentence in Your Criminal Case in Maryland

July 22, 2020 | by Anthony A. Fatemi, LLC

There are so many reasons why representation from a skillful Maryland criminal defense attorney is worthwhile. One of those reasons is that there are countless areas of the law that are well-known to criminal defense attorneys, but largely unknown outside those circles. By having a knowledgeable attorney on your side, you can have the full benefit of all of the law, and make sure that your rights are protected to the maximum.

One of those areas of the law is “merger.” Even people who have a little bit of knowledge of the law probably think that the law of “merger” refers simply to the process of two business entities combining to form one, larger business. In Maryland though, “merger” has an important meaning in criminal law and, as one case recently demonstrated, it can make a massive difference in the amount of time you serve.

First, here’s a little background about criminal sentences. Say you’ve been put on trial for several crimes. The jury hears the evidence and acquits you of some charges, but convicts you on two crimes. The judge sentences you to serve two years for Crime A and 10 years for Crime B, and also declares that the sentences shall run “consecutively.” That means that your total time of imprisonment is the one sentence plus the sentence for the second crime. In other words, 12 years. (With “concurrent sentences,” the total imprisonment would’ve been 10 years.)

The Many Ways that Making the Right Plea Agreement Can Help You if You’re Facing Charges in Maryland

April 8, 2020 | by Anthony A. Fatemi, LLC

Your skilled Maryland criminal defense attorney can help you in a wide array of ways. One vital area is working out a plea agreement. A knowledgeable attorney has the experience to know when you should or should not agree to a plea bargain and, if yes, how to get the best possible deal. Making the right plea bargain can have multiple important benefits for an accused person. It can reduce the amount of time you have to spend in prison, or help you avoid prison entirely. It also can, if carefully constructed, limit the amount of collateral exposure a person can face, such as being placed on — or avoiding — the Sex Offender Registry.

J.R. was one accused man whose recent case is an example of a legal team that made a good deal. J.R. was facing multiple sex crime charges, and some of those were sex crimes charges against a minor. The accused man entered a guilty plea on exactly one charge. That one criminal charge was a sex crime, but it was not a sex crime against a minor. All the other charges, including the sex crimes against a minor, were dropped by the prosecution as part of the plea agreement.

After J.R. agreed to a plea deal, the state notified him that he was required to register as a “Tier II” sex offender, and remain on the Sex Offender Registry for 25 years, because the victim was a minor. J.R. appealed, taking his case all the way to Maryland’s highest court, where he won.

Your Fundamental Right to a Jury Trial and What that Means for Your Maryland Criminal Case

March 21, 2019 | by Anthony A. Fatemi, LLC

When you are facing criminal charges in Maryland, you have several essential decisions you have to make. One of the most important of these is deciding whether your guilt or innocence will be decided by a jury or by a judge. (The former is called a jury trial and the latter is called a “bench trial.”) You have a right to a jury trial and a jury will hear your case unless you communicate a valid waiver of that right. When it comes to making this and other critical decisions, be sure to rely on the advice of a knowledgeable Maryland criminal defense attorney to help you throughout the process.

There are actually several good reasons why you might want your case heard by a judge instead of a jury. Let’s say, for example, your skilled defense attorney has crafted a potentially winning, but highly technical, defense based upon very complex scientific information or highly dense legal concepts, doctrines and rules. In either of those cases, you might prefer a bench trial where the details of your defense are less likely to be lost on a judge as opposed to a jury. Additionally, if the facts of your case are the sort of things that might inflame the passions of the jury against you (such as sex crimes or child abuse), then you might want the dispassionate perspective of a judge and not a jury who could be more likely to let their emotions get the better of them.

If you decide that you want a trial by judge, there’s a very specific procedure that must be completed in order to make that happen. Another possible advantage for you as a defendant is that if the court fails to go through those required procedures, goes forward with a bench trial and ultimately finds you guilty, then you may be able to use those procedural errors to get your conviction reversed because the court violated your rights.