Maryland Criminal & Immigration Lawyer Blog

Maryland Man Gets Judgment Vacated After Trial Court Improperly Denied DNA Testing Request

June 8, 2017 | by Anthony A. Fatemi, LLC

One of the most valuable evidentiary tools in some criminal cases today is DNA testing. For some defendants, a DNA test result can be the key to proving innocence. For others, while not establishing innocence, a favorable test result can at least be a valuable piece in raising reasonable doubt about the defendant’s guilt. A recent case addressed the very important question of when a defendant is entitled to a DNA test, and the answer to that question helped get the judgment against the defendant vacated.

Sweating the Small Stuff: How Seemingly Little Details Can Make a Big Difference in Your Maryland Criminal Case

May 22, 2017 | by Anthony A. Fatemi, LLC

In a criminal case, the difference between success and defeat can sometimes be something clear-cut, like a corroborated alibi. Often, though, a successful defense can be a result of something that might seem, to a layperson, to be small. An example of that occurred recently, when a man arrested and tried in Charles County got his conviction reversed because the crime for which the state convicted him was not the same crime that the state charged in the man’s indictment.

What Happens When Police in Maryland Find Evidence of Drugs on One of Your Passengers?

May 5, 2017 | by Anthony A. Fatemi, LLC

In many criminal cases, especially ones involving drug charges, one of the most important issues is the collection of evidence by the police and compliance with protections guaranteed by the U.S. and Maryland Constitutions. In a recent case of a driver stopped for a non-functioning tail light, the fact that the police found illegal drugs on a passenger in the vehicle (pursuant to a valid search) did not automatically give them probable cause to search the driver’s trunk in pursuit of more drug evidence, according to the Court of Special Appeals‘ ruling.

Using Prior Inconsistent Statements to Strengthen Your Criminal Defense in Maryland

April 20, 2017 | by Anthony A. Fatemi, LLC

In a criminal case, there are several things a defendant must do to strengthen his case and give himself a good chance at an acquittal. One of these things is reducing the credibility of the prosecution’s witnesses. One way to do that is to introduce previous statements that the state’s witness made that are contrary to what the witness stated on the stand at trial. In one recent sex crime case from Montgomery County, the defendant obtained a new trial on appeal after the trial judge in his case improperly refused to allow him to put on evidence of prior inconsistent statements made by one of the state’s key witnesses.

Court of Special Appeals: Maryland Police Officer Went Too Far in Conducting Warrantless Search

April 7, 2017 | by Anthony A. Fatemi, LLC

One of the most important tools in a police officer’s arsenal of law enforcement techniques is what’s called a Terry stop. However, one of the law enforcement techniques that is the most susceptible to misuse is the Terry stop. In a recent drug case from southeastern Maryland, the Court of Special Appeals overturned a man’s conviction, concluding that the Terry stop in his case was improper. The case is a clear reminder of the limitations of law enforcement’s authority to engage in warrantless stop-and-frisk searches of citizens.

Maryland Man Accused of Drug Crime Allowed to Continue Pursuing Appeal Despite Nol Pros

March 22, 2017 | by Anthony A. Fatemi, LLC

When you or a loved one are facing criminal charges in Maryland, there may be multiple different outcomes that could count as a successful resolution of your case. Obviously, one outcome is to be declared not guilty. Another is to have the prosecution drop the case against you. So, what do you do when the state decides to drop the charges against you in the middle of your appeal? That was the situation facing one Anne Arundel County man recently, and his case points the differences between the different ways your case can be resolved, and the relative advantages of each.

Maryland Nurse’s Opinion Testimony Triggers Conviction Reversal Because She Was Never Declared as an Expert Witness

March 9, 2017 | by Anthony A. Fatemi, LLC

There are several ways to get a criminal conviction in Maryland overturned on appeal. One way is to establish that the prosecution was allowed to introduce improper testimony on an essential issue of the case. This is what happened recently in one rape-and-assault case. A nurse, who was brought in as a lay witness, gave opinion testimony despite never having been authorized as an expert witness. That entitled the defendant to a new trial, according to the Court of Special Appeals’ ruling.

Police Methodology in Conducting ‘Sting’ Allowed Maryland Dentist to Escape Solicitation Conviction

February 17, 2017 | by Anthony A. Fatemi, LLC

Small details can make big differences in the outcome of your criminal trial. In the case of one Maryland dentist accused of a sex crime, a very specific detail ultimately was the key to his obtaining a reversal of his conviction. Since the state had no evidence that the dentist interacted with a minor child or a police officer posing as a minor child, the dentist could not be convicted for sexual solicitation of a minor child, according to a recent Court of Special Appeals ruling.

Maryland Court Throws Out Drug Convictions When State Asserted Multiple Charges Based on One Conspiracy

February 5, 2017 | by Anthony A. Fatemi, LLC

One of the things about which people on trial must concern themselves is being overcharged by the prosecution. That’s what happened to one inmate charged with multiple crimes for his part in bringing marijuana into a jail. Since the state only had proof of one agreement to move the drugs, the man could be guilty of only one conspiracy. The man’s conviction on two drug conspiracy charges led the Court of Special Appeals to vacate one of those convictions.

Absence of Sufficient Proof of a ‘Breaking’ Meant that Homeless Vet Couldn’t Be Guilty of Burglarizing Ocean City Vacation Residence

January 26, 2017 | by Anthony A. Fatemi, LLC

When you stand accused of a crime, there are several things that the prosecution must do. One of these things is proving, beyond a reasonable doubt, each element of the criminal charges against you. In the case of one recently evicted man in Ocean City, that standard worked in his favor in his fourth-degree burglary case. Since the state lacked sufficient evidence that the man broke into a crawl space, as opposed to merely walking into an open crawl space, the Court of Special Appeals determined that the case against the man was insufficient, and he was entitled to an acquittal on the burglary charge.