Maryland Criminal & Immigration Lawyer Blog

Is Self-Defense an Available Defense in a Charge of Affray?

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

What is an “affray?” An affray in Maryland happens when two people fight (either with each other’s consent or without) in a public place “to the terror of the people.” The elements of “public place” and “terror of the people” can be controversial because it begs the question of whether there can be a terror of the people if two people fight in a public place without anyone else around. In a recent case, an appellate court considered whether a circuit court erred in its jury instruction regarding self-defense in an affray case.

The case arose when a husband and wife entertained family at a Fourth of July cookout on their back porch. The defendant called the wife’s sister and learning of the cookout, drove over. The sister left with her kids after the defendant’s arrival, but he stayed. The witnesses differed in what happened next. But they all agreed significant alcohol consumption occurred.

The husband and the defendant started a playful wrestling match that turned into a fistfight that was eventually broken up. The wife tripped and the husband believed the defendant caused her fall. The husband got angry that the defendant wouldn’t shake his hand and kicked the defendant’s moped and swung at the defendant first. However, the defendant punched him until he fell unconscious. The husband died. Continue reading

Issues of Credibility and Prejudicial Evidence in a Maryland Murder Case

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

A recent case arose when the defendant drove his Mitsubishi with two passengers onto southbound I-95. The defendant and one of the passengers (Jackson) planned to rob the other passenger. However, the two passengers got into a fight at some point and Jackson got shot. The defendant pulled over and Jackson shot and killed the other passenger. The defendant drove the injured passenger to the hospital and left.

The police found the dead passenger’s body on the same day. The defendant was arrested and at the barracks where he was taken. While there, he made statements to three officers, including a recorded statement where he described the fight as a robbery that had gone bad.

After that, he was advised of his Miranda rights. Although he invoked his right to remain silent, he continued to talk. The officers cut him off and told him they couldn’t talk to him until he waived his Miranda rights. Ten minutes later he signed a form waiving his rights. Continue reading

Reasonable Suspicion for an Investigatory Stop in Maryland

November 5, 2013 | by Anthony A. Fatemi, LLC

When is a reasonable suspicion truly a reasonable suspicion and not just a hunch in Maryland? A law enforcement officer can conduct an investigatory stop only if the officer has a reasonable suspicion and not a mere hunch that the person being stopped is committing some kind of infraction or criminal activity.

In a recent case, a violent crime unit of the Baltimore Police Department was investigating a man (Blue) known for distributing raw heroin. They spied on a meeting between the Blue and another individual (Townsend) on a street corner, taping it with a surveillance camera. Two detectives were part of the surveillance, but did not observe the meeting live, only on tape.

Blue arrived in his car and looked around nervously after getting out of his car. He took an object out of his pocket, still looking around, and handed it to Townsend. Townsend put the object in his pocket and soon Blue went back to his car and drove away. Continue reading

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.