Maryland Criminal & Immigration Lawyer Blog

Maryland Appellate Court Again Considers “King v. State”

October 25, 2013 | by Anthony A. Fatemi, LLC

Earlier this year, the Supreme Court reversed a Maryland appellate court on the subject of the Maryland DNA Collection Act. It held that it was constitutional for Maryland to allow law enforcement officers to take a DNA sample from individuals arrested for violent crimes. It explained that DNA identification was similar to fingerprinting or photographing and should be considered a “reasonable search.” Therefore, the DNA collection was considered not to violate the defendant’s Fourth Amendment rights and the defendant’s conviction for rape was upheld.

The case was remanded (returned) to the appellate court to consider questions left unanswered in the original appeal including whether the DNA collection violated the defendant’s rights under Article 26 of the Maryland Declaration of Rights and whether it was improper for the trial judge to shift the burden of proof to the defendant to show the search and seizure was reasonable.

The defendant argued that the Act authorized general searches without requiring the reasonable suspicion that is typically required for a search and seizure. He asked the Maryland appellate court to suppress the evidence on the grounds that this violated Article 26. Continue reading

What Happens if a Maryland Judge Erroneously Advises a Defendant Waiving His Right to Jury?

October 17, 2013 | by Anthony A. Fatemi, LLC

Criminal defendants in Maryland have a right to jury trial and the right to be presumed innocent until proven guilty. In a recent case, the court was asked to consider whether a waiver was valid where the trial judge offered the defendant advice that was erroneous.

The case was a murder case in which the defendant was charged for the murder of his father. He entered a plea of not guilty and not criminally responsible, but was interested in a bench trial (one in which the judge rules on guilt or innocence.)

In Maryland, judges are required to ask a defendant waiving his or her right to a jury trial specific questions. The judge in this case asked whether the defendant wanted to waive a jury. He also asked about his schooling, substance use, and physical illness.

The Impact of a Defendant’s Signed Statement in Maryland

October 12, 2013 | by Anthony A. Fatemi, LLC

If you are suspected of a crime, you should always ask to talk to an attorney before answering questions from the police. You also should not sign anything the police give you nor write your own statement without advice of counsel. In a recent case, the issue of confession arose in connection with multiple arson attempts. A man, his wife, and their daughter returned home at about 1:00 a.m. one night. The man noticed lights coming through his blinds. He saw a fire coming out of the front of his garage and alerted his family before telephoning the fire department.

The man tried to contain the fire with a garden hose. The firemen asked him to move out of the way and proceeded to spray down the place. The police investigated the cause of the fire. An arson investigator determined someone had set the fire. Shortly thereafter, the man awoke at 3:00 a.m. and found the house filled with smoke. The roof was on fire. They called 911. The Fire Marshall smelled accelerant on the roof.

The police collected roofing and other materials for testing. They determined there was gasoline in the samples. The family put up 12 cameras for surveillance and the couple slept in shifts so they could monitor what was happening. A month later, during the wife’s shift, she noticed someone walking down the street carrying a container. The person poured liquid on her car. Continue reading

Sale of Counterfeits in Maryland

October 11, 2013 | by Anthony A. Fatemi, LLC

Maryland law prohibits the intentional distribution, sale and possession of items identified by a counterfeit mark. In a recent case, the defendant was driving on Route 301 with two burned out tag lights when he was pulled over by a state trooper. The state trooper noticed that the defendant did not make eye contact and that there were four air freshening trees hanging in the car, including at the rear of the car.

He radioed to the station for a criminal history and traffic check on the defendant, which revealed the defendant’s license had expired and the defendant had been charged with drug possession. Accordingly he called for backup and began citing the defendant for driving on an expired license.

When the other trooper arrived, they spoke about the situation and asked the defendant and his companion to exit the car. A trained dog searched the vehicle for illegal substances. There were two marijuana cigarettes, which the defendant admitted belonged to him. Also recovered were more than 300 DVDs and CDs suspected to be counterfeits. The defendant was charged on numerous counts, including a charge of distributing, selling and possessing counterfeit items. Continue reading

Reasonable Grounds for Requiring a Blood Test in Maryland DUIs

September 25, 2013 | by Anthony A. Fatemi, LLC

Maryland, like most states, takes drunk driving seriously. While the penalties vary, even a driver’s license suspension can significantly affect one’s life. It can impact one’s ability to go to one’s place of business or school, pick up the kids or buy groceries.

In a recent case, an officer responding to an accident noted the odor of alcohol coming from the breath of the defendant. He arrested the defendant and asked him to take a blood test to determine blood alcohol concentration. The defendant was taken to the hospital.

At the hospital the defendant was warned of consequences for refusing a chemical test for alcohol. He agreed to take the test. The specimen of his blood was found to be more than twice the legal limit and it was certified by the law enforcement officer. He noted that the reasonable grounds for his belief of the defendant’s intoxication was that he responded to the accident and smelled the alcohol. Continue reading

May a Maryland Prosecutor Make Misstatements About DNA Evidence At Trial?

September 18, 2013 | by Anthony A. Fatemi, LLC

Maryland jurors place a lot of trust in DNA evidence. However, DNA evidence is actually fairly technical and testimony or arguments related to the evidence may be confusing—so confusing it can affect the outcome of a trial. What happens, for example, if a prosecutor makes incorrect arguments about critical DNA evidence?

In a recent case, that was just what was at issue. In October 2008, police found a man who had been shot in his side lying on his back next to a pick-up truck. The sergeant who found him asked questions to figure out what the man knew about the person who shot him. The victim gave short answers to offer a description and later died.

The police discovered that the defendant and his cousin had been in the same neighborhood as the victim at the time of death. The cousin lost sight of the defendant while the defendant went to meet a woman he’d met on a chat line. During that time, the police believed, the defendant shot the victim. The defendant was indicted for first-degree murder, robbery, theft and use of a handgun while committing a crime of violence. Continue reading

Case Summary: Client who was investigated by the police for a possible crime was cleared of all wrong doing

September 17, 2013 | by Anthony A. Fatemi, LLC

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.

Limits to Maryland Police’s Activities In Obtaining a Search Warrant

September 16, 2013 | by Anthony A. Fatemi, LLC

How far is too far when Maryland police are trying to track criminal activity? Usually citizens are protected in their homes by the Fourth Amendment from unwarranted searches and seizures. But what happens if you consent to the entry and the search?

A recent appellate case arose when a high school junior was sitting at a bus stop talking on her cell phone. The defendant approached and told her to give him all her stuff or he would cut her. She saw him holding a knife. He took her possessions and ran away. The victim returned to school and spoke to the Baltimore police.

She described the man who attacked her as a black male with a salt and pepper beard. She told the detective her cell phone number and described the phone. The officer sent the police report to a unit that specializes in locating stolen cell phones. Continue reading

A “Stand Your Ground” Law for Maryland?

September 9, 2013 | by Anthony A. Fatemi, LLC

Although Zimmerman was acquitted, the Trayvon Martin shooting is continuing to have a significant impact on lawmakers. By now most Maryland residents have heard of controversial “Stand Your Ground” laws in connection with George Zimmerman’s acquittal in the Trayvon Martin killing in Florida.

“Stand your ground” is one of four legal concepts related to self-defense. The other three are “Duty to retreat,” “castle doctrine,” and “self-defense.” The last of these is designed to protect an innocent person who is attacked—it is what was applied to the Trayvon Martin case, even though “stand your ground” was associated with the case. The castle doctrine is like self-defense, but it only applies to home, place of work, vehicle and real property.

The state of Maryland follows the “duty to retreat” law. A “duty to retreat” means that someone who might be being attacked cannot resort to deadly force or self-defense if it is possible to safely avoid the harm. Continue reading

Maryland’s De Novo System

August 30, 2013 | by Anthony A. Fatemi, LLC

What is Maryland’s de novo system? It is a system that allows review of decisions rendered in courts of limited jurisdiction by a trial court of general jurisdiction. A defendant who is convicted in a District Court of Maryland can appeal the conviction de novo to a circuit court. The reason de novo appeals were originally allowed was to permit people who cannot afford a transcript of the record to have a member of the judiciary take a second look.

Allowing a trial de novo means that a criminal defendant is permitted a “new bite at the apple,” as if the charges hadn’t previously been heard and no decision had been made. The State must produce evidence as if it hadn’t already been produced.

In a recent case, a defendant exercised his de novo right, but was convicted again on the basis of evidence from the first trial. The defendant was convicted for the first time for second-degree assault after attacking someone in the elevator of his apartment building in Silver Springs. The victim testified that the defendant was already in the elevator when he entered the elevator. But before the victim could hit the button for his floor, the defendant punched his face and hit him. The victim, who was injured, next remembered getting up and looking for his wife. The police responded before the victim could call them. Continue reading