Maryland Criminal & Immigration Lawyer Blog

Criminal harassment charges in Maryland are not limited to instances in which someone harasses another person in person by following them or committing physical acts against his or her body. In a recent complicated criminal case, the Maryland Court of Special Appeals considered an email harassment case. The defendant in the case had tried to harass a pub owner and the pub’s security. It started because he had offered to sell a pub’s employee marijuana and when the employee tried to remove him, the defendant punched and bit him. A police officer came to the scene and arrested the defendant for marijuana possession and other related offenses.

Later a police officer received an email alleging that somebody in the area was involved in a marijuana grow operation. The police began an investigation, but found nothing. More than a week later, someone called 911 to report a drug dealer. He claimed that he was the neighbor of the owner of the security company and that the owner was a drug dealer growing marijuana on the steps outside his house.

A detective watched the area mentioned in the call and spotted a van that looked suspicious. Someone drove the van up and down the street. Another officer came to the scene to investigate. The police identified the defendant as the van’s driver. He told the officers he was looking for something to eat. Continue reading

In an interesting recent case, the defendant was charged with theft of property worth more than $100,000 and related offenses after occupying a home without permission for 7 months. The home was an expensive single-family dwelling. The owner had moved out and offered the property for sale with a Coldwell Banker realtor. When she moved out, the doors and windows were secured and the property was in good condition.

The defendant did not know the owner, but pretended he had a lease with the owner to rent the property. The defendant had been a former client of the same real estate agent who listed the owner’s house. He claimed to be interested in buying the house, but when a sales contract was prepared, told the agent he wouldn’t purchase.

The general counsel for the bank from which the owner had obtained a mortgage was notified a tenant occupied the property. She thought the lease the tenant presented was legitimate and filed a motion with the circuit court to possess the property. At that point, she noticed that the lease term began after foreclosure had already started and let the court know. She thought the owner and defendant had a fraudulent scheme against the bank. Continue reading

In a recent case, the appellate court looked at questions of mental competency in the case of a criminal conviction. The case arose from the defendant’s alleged stabbing and killing of an adult male. The victim, who was dying of cancer and who had been recently beaten on an earlier occasion, was discovered by a friend who occasionally checked on him.

The victim’s home was ransacked and the dresser drawer where he kept medication was toppled. The friend called the police from the nearby grocery store. The owner of the store explained that on the night of the stabbing, the defendant came into the store with a note from the victim letting him purchase beer on the arrangement between the victim and the store.

Other testimony against the defendant came from his friend and his mother. The defendant’s friend said that the defendant wanted to rob the victim in order to steal his pills. The defendant’s mother claimed that the defendant said he hurt the victim because the victim said something bad about her. Continue reading

If you are a noncitizen immigrant, you should be aware that there may be adverse immigration consequences, such as deportation, for pleading guilty or being convicted of a crime in Maryland and other states. In a recent appellate case, a native of Belize who was a permanent resident in the United States pled guilty to cocaine possession with intent to distribute. He was sentenced to five years in prison.

During his sentencing, the defendant was informed that he had the right to appeal his conviction. He did not appeal, nor did he file a petition for post-conviction relief, and served out his five-year sentence.

Afterward, he traveled to Belize and was detained when he tried to reenter the United States. The United States Department of Immigration and Customs Enforcement (ICE) started a deportation proceeding against him. To delay deportation, he filed a Petition for a Writ of Error Coram Nobis. He claimed in the petition that his guilty plea was not knowing and voluntary because his attorney had not advised him of possible immigration consequences of his plea. Continue reading

In a recent case, the defendant tore up a copy of his probation papers after his criminal trial. He was on trial for second-degree assault after hitting and kicking his girlfriend during an argument. After the guilty verdict, the girlfriend claimed financial hardship and said she wanted to be left alone. The defendant was sentenced to 10 years in prison with most of it suspended, plus three years probation.

He was given a probation order with standard conditions, including obeying all laws. A week later, the State petitioned to revoke his probation. The State based its request for revocation on ripping up his probation papers and making loud threatening statements about witnesses like, “She don’t know it, but she just signed her death warrant.”

The trial court revoked the defendant’s probation, finding him in contempt for ripping up the papers and making threats. An intermediate appellate court held that the ruling wasn’t clearly erroneous. The controlling statute did not require the threats be made directly to a witness or victim. Continue reading