Maryland Criminal & Immigration Lawyer Blog

What is a Writ of Actual Innocence in Maryland?

March 7, 2014 | by Anthony A. Fatemi, LLC

A person convicted of a crime may file a petition for writ of actual innocence if there is newly discovered evidence that (1) creates a substantial possibility of a different result and (2) could not have been discovered in time to move for a new trial. The petitioner is entitled to a hearing on the merits when asking for this type of relief.

In a recent case a defendant challenged his conviction in connection with an attempted armed robbery. The case arose from 2-3 hours of ethnic conflict between a group of Hispanic American victims and a group of African American men. The victims were sitting in front of an apartment drinking beer, when the African American group confronted them. The Hispanic American group went inside and the African American men knocked to try to get in.

About a half hour later, the Hispanic American group went outside but encountered the African American group inside. The former went back inside and this time, the African American group tried to get inside. When the Hispanic Americans went outside again, the African American group once again confronted them. Though they all tried to get away, one of the men got shot. The wound was fatal. Continue reading

Enhanced Criminal Sentencing in Maryland

February 25, 2014 | by Anthony A. Fatemi, LLC

In a recent case a defendant asked the Maryland Court of Appeals to review of a judge’s imposition of a 25 year mandatory, enhanced sentence. The defendant had been convicted of cocaine distribution and conspiracy. The State notified the defendant it would seek a mandatory 25-year sentence without possibility of parole.

The defendant was sentenced according to a subsequent offender statute for multiple drug convictions. Under section 5-608, a defendant can qualify for an enhanced sentence if he has served a prior term of confinement of at least 180 days and possesses two separate prior convictions that qualify.

At sentencing, the State submitted certified copies of docket entries regarding his two prior convictions. Various officers were asked to testify regarding the identity of the person who had been convicted and the fact that the fingerprint cards for each contained the same fingerprint. The defense attorney moved to strike one witness’s testimony because she wasn’t an expert. The sentencing judge, however, stated that it was not necessary to prove the prior offenses that way. Continue reading

Criminal Email Harassment in Maryland

February 12, 2014 | by Anthony A. Fatemi, LLC

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

Theft of a House in Maryland

February 5, 2014 | by Anthony A. Fatemi, LLC

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

Bill of Particulars in Maryland Criminal Cases

January 25, 2014 | by Anthony A. Fatemi, LLC

In a recent case, the defendant was driving with five others when they came upon a man who was standing in the middle of the road. They swerved to avoid hitting him. The defendant and another passenger came back to the man, who seemed to be drunk. The man came up to the defendant and tried to hug him; the defendant almost knocked him into a car that was passing by.

The other passenger hit the drunken man in the face knocking him into the street. Then the defendant and passenger drove off. A car came by and ran over the drunken man, killing him. The reckless endangerment count was filed using statutory “short form.” This means that it didn’t state the factual basis for the crime.

Accordingly, the defendant asked the State to give him a “bill of particulars” that specified what in the defendant’s conduct constituted reckless endangerment, what the defendant had done to act recklessly, what the defendant had done to create a substantial risk of death or serious injury, and what facts showed the defendant had disregarded this risk. Continue reading

Mental Competency To Stand Trial in Maryland Criminal Cases

January 14, 2014 | by Anthony A. Fatemi, LLC

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

Probable Cause to Search A Car for Drugs in Maryland

January 10, 2014 | by Anthony A. Fatemi, LLC

The Fourth Amendment protects people against unlawful searches and seizures. Usually, a warrant is required for a search. Often a criminal defense attorney is able to prevent evidence against his client from coming in, if he can show that the evidence was obtained through an unlawful search or seizure. However, there are exceptions, such as when a law enforcement officer has probable cause to believe a crime is being committed in a car, searches the car and finds evidence that a crime was committed.

In a recent case, a woman pled guilty to possession of drugs and drug paraphernalia. The case arose when a law enforcement officer was dispatched to a grocery store. He had been called to that store on multiple occasions previously to deal with a white woman who loitered in front of the store. The store believed she was a prostitute.

The officer had learned from the woman that she was a prior heroin user that had been clean for about a year. He served her with a cease and desist order that prohibited her loitering in that location and others. Continue reading

GPS Tracking in Maryland Criminal Cases

January 4, 2014 | by Anthony A. Fatemi, LLC

When the State of Maryland tracks a vehicle with a GPS device attached to the exterior of a car in order to watch its movements, is that considered a “search” under the Fourth Amendment? A recent case that arose from the GPS tracking of a defendant’s car answered that question.

In the case, police officers asked officers in the Repeat Offender Proactive Enforcement Section (ROPE) to help them conduct surveillance on the defendant who they believed was involved in some commercial burglaries.

The GPS tracker used by ROPE had a cell phone piece and a GPS piece, which communicated to determine the latitude and longitude of where a unit was located. A battery that didn’t interfere with vehicle operation operated the device. It was activated before the installation and stored location data in its memory. Police could access the historical data as well as display location in real time. Continue reading

Can the Defense Ask a Maryland Criminal Witness About His Expectation of Leniency for Testifying?

December 26, 2013 | by Anthony A. Fatemi, LLC

In a recent case, the petitioner was convicted of multiple counts of second-degree murder, first-degree assault, and use of a handgun, among other things. He was sentenced to imprisonment plus 170 years.

The case arose when two men were shot and killed. There were several witnesses who testified on behalf of the State. Before his trial, one witness was sentenced to probation for charges of attempting to distribute an illegal substance. He was also charged with possession of a firearm and sentenced to six months. He was given some leniency in his jail stay because he was scheduled to testify at the petitioner’s trial.

Before trial, the State asked that the petitioner not be able to question any of its witnesses regarding prior arrests. The defense objected on the grounds that one of the witnesses had an agreement for leniency. The State claimed there was no plea and the witness had asked for a release because he was a witness to his brother’s murder and was frightened during his jail stay. The court agreed with the State that it was a safety issue. Continue reading

Immigration Consequences of Maryland Criminal Convictions or Guilty Pleas

December 26, 2013 | by Anthony A. Fatemi, LLC

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