Articles Posted in Uncategorized

Many drug or weapons cases hinge upon whether or not the prosecution’s evidence was obtained constitutionally. Police officers, whether intentionally or inadvertently, may engage in searches and seizures that are illegal under the Fourth Amendment. Getting justice, then, means getting that evidence suppressed and getting a dismissal or acquittal. If you have questions about your case and the way the police obtained their evidence, you should consult an experienced Maryland criminal defense lawyer as soon as possible.

A recent drugs and guns case from Cecil County displays one example of how an illegal seizure can occur.

In February 2023, local police responded to an anonymous 911 tipster’s report of a driver “nodding in and out” or “passed out” in a Kia sedan at the truck stop off I-95 near North East, Maryland. As the police approached the Kia, the driver began backing out of his parking space, so the officers ordered him to stop. As they got closer, they allegedly detected a strong marijuana odor emanating from inside the car. The driver allegedly displayed “a frantic and defensive demeanor” and had “glassy” eyes.

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Anyone who has to go before a judge — whether you’re a criminal defendant, a party in a civil trial, or an immigrant appearing before a federal immigration judge — likely goes in with some degree of anxiety, but also with certain expectations, like the judge’s fairness. If you’re an immigrant appearing in a deportation case and the judge acts unfairly (or even in a way that raises the appearance of unfairness,) that lack of impartiality may be something you can use to your benefit if you get an unfavorable result in your deportation case. Immigrants who are the subject of removal actions have a lot on the line in these matters, making the services of a knowledgeable Maryland deportation defense lawyer essential.

One example of how this can play out is the removal case of Rodolfo, an immigrant from Nicaragua. He entered the U.S. in 2001 and obtained legal permanent resident status seven years later.

Over the years, the man racked up four criminal convictions, including three DUIs. The Department of Homeland Security initiated removal proceedings in 2019. The man asked the government to cancel his removal.

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The law of self-defense has been in the news a lot lately… especially to our south. While cases in Maryland that involve arguments of self-defense may not grab as many headlines as those in other states, they are no less important, especially for the person on trial. Getting the maximum usefulness from your self-defense arguments is something that requires an in-depth knowledge of Maryland criminal law, so don’t head into your criminal case unprepared. Instead, protect yourself by retaining an experienced Maryland criminal defense lawyer.

When it comes to self-defense in Maryland, a recent gunshot case is very instructive. That prosecution arose from a Dec. 1, 2018 dispute between two North Baltimore neighbors regarding ownership of two air conditioner units. In an unusual twist, each argued that they belonged to the other man.

K.B. testified that he stepped outside after M.P. threw one air conditioner onto his outdoor grill. When he did, M.P. allegedly “darted right inside his house” and immediately went for his gun. K.B. told his neighbor “you’re high. You need to go sleep it off.” K.B. turned to walk away, whereupon M.P. shot him in the leg, according to K.B.’s testimony.

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Trials and court hearings, in some ways, can be like sporting competitions. Both litigation and sports have their own sets of rules. Some of these rules may seem excessively technical and unnecessary, but they are the rules, and you overlook them at your peril. For example, the rules of civil cases say that generally, if you want the judge to order a particular outcome, you must expressly ask for it in your court pleading documents (meaning your complaint if you are the petitioner or your answer or counter-complaint if you are the respondent.) In the case of one Maryland husband, his failure to follow this rule cost him the opportunity to obtain his part of the marital portion of his wife’s retirement benefits, according to Court of Special Appeals decision.

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Recently, a client retained our services to assist with a serious criminal matter in which he was being investigated.   The day before he came to our office desperately seeking our help, he had received a telephone call from the Montgomery County Police Department (“MDPD”) and the officer informed him that he was being investigating for having committed sexual abuse many years earlier.

Not knowing what the officer was talking about and fearing the repercussions if he said the wrong thing, the client refused to discuss the alleged incident without speaking to a criminal defense attorney first.

Upon being retained, this case became top priority.  Our criminal defense attorneys immediately contacted the investigating officer to discuss the status of the investigation.  The officer was preparing the necessary paperwork to immediately charge the client with sexual offense in the third degree.

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 Resident (also known as a green card holder).  Although she had been in the US for many years, she was unable to find steady full time employment.  Her only source of income for the past several months was the money she had earned babysitting.

One day an acquaintance offered to pay her to come and clean his house and the client jumped at the chance to earn a little extra money to take care of her children.  When the client got to the house, she realized that she was going to need more cleaning supplies so the owner of the house went to purchase what she needed while she stayed there and continued working.

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 designates children who are abused or neglected by their parents or have a disability that their parents are not able to attend to, social services may ask the juvenile court to designate them “children in need of assistance” or “CINA”. The court must make factual findings as to whether the allegations of social services are correct and determine a course of action to protect the child.

If the child is to be placed outside the home, within 11 months, the court must determine what the permanent plan for the child is. This could be reunification, but it could also be another permanent living situation such as adoption, if that is in the child’s best interests. While Maryland prefers family reunification, it is not always possible.