Maryland Criminal & Immigration Lawyer Blog

Police Officer Testimony About Out-of-Court Statements and When that Is — and Is Not — Inadmissible Hearsay in a Maryland Criminal Trial

October 29, 2021 | by Anthony A. Fatemi, LLC

A successful defense in a criminal case involves many things. One of these is keeping inadmissible evidence out of your trial. That can include excluding inadmissible hearsay testimony that potentially harms your case. To do this, and to make sure that your rights are fully protected throughout the process, it pays to have an experienced Maryland criminal defense attorney on your side.

Winning these kinds of hearsay arguments can be nuanced. Consider the felony case of J.S., who was on trial for assaulting his partner, S.B. In June 2019, the pair became involved in a dispute at their home in Cecil County. Police responded to the home and interviewed both the man and the woman.

During the man’s trial, the prosecution put one of the police officers on the witness stand. Under questioning from the prosecutor, the officer stated that the alleged victim told him that, before the officer arrived at the home, she had made plans to go to dinner with her mother, but that the accused had told her she was not free to leave the home and had pointed a gun at her head.

Can the Police Make a Traffic Stop in Maryland if You’re Driving in an Unusual, But Not Illegal, Manner?

October 8, 2021 | by Anthony A. Fatemi, LLC

If you’re familiar enough with policing, you know that a significant number of criminal arrests start out as traffic stops. Some law enforcement officers, armed only with their own intuition, will do their very best to concoct a reason to make a traffic stop because they believe they can get substantial proof of a crime… if they can just get you pulled over. Many times, though, these kinds of traffic stops are violations of the Fourth Amendment. If you’ve been arrested as a result of an improper traffic stop, you may be able to get all the evidence the police seized tossed, but you’ll have to win a suppression argument to do it. When it comes to this and other critical elements of your criminal trial, make sure you have the legal representation you need from an experienced Maryland criminal defense lawyer.

Most people are aware of the broad stereotype that people under the influence of marijuana drive very slowly. Comedic actor Tommy Chong once remarked, “Everybody worries about driving when you’re stoned. No! Not gonna hurt anybody going five miles an hour!” Law enforcement officers are aware of this, too.

As a recent drug crimes case demonstrates, though, just driving very slowly down a highway does not, by itself, amount to the required degree of “reasonable articulable suspicion” that the constitution requires in order for a police officer to make a traffic stop.

How a ‘Batson Challenge’ Works and How It Can Help You Avoid Potential Racial Discrimination in the Jury Selection Process

September 24, 2021 | by Anthony A. Fatemi, LLC

One of the most basic concepts underlying criminal trials in this country is the notion of fundamental fairness in the process. One element of that fundamental fairness is having your guilt or innocence determined by a jury of your peers. Toward that end, the law says that the prosecution cannot engage in racial discrimination in the jury selection process. When it comes to protecting your rights, before, during, and after your criminal trial, make sure you have a skilled Maryland criminal defense lawyer advocating for you and protecting you from this and other forms of unfairness.

One of the most essential tools in the criminal defense attorney’s “toolbag” when it comes to thwarting racial discrimination in the jury selection process is something called a “Batson challenge.” (That name comes from the 1986 U.S. Supreme Court case of Batson v. Kentucky, in which a Black man was convicted by an all-white jury after the prosecutor struck all of the Black potential jurors during voir dire.)

To give you an example of what the Batson challenge process looks like, we have a recent assault and theft case from Cecil County. B.B., a Black man, was on trial for second-degree assault, conspiracy to commit robbery, conspiracy to commit second-degree assault, and conspiracy to commit theft.

When the Video Footage Recorded by a Maryland Law Enforcement Officer’s ‘Bodycam’ May Constitute Hearsay and Be Inadmissible in Your Trial

September 10, 2021 | by Anthony A. Fatemi, LLC

As body cameras are becoming more and more common among law enforcement officers, bodycam video footage will continue to become more and more common in criminal trials. If you are someone facing criminal charges, it is important to recognize that, just because something was recorded by a police officer’s body camera, that doesn’t necessarily make it admissible against you in your trial. There may be a variety of different reasons why an officer’s bodycam video footage would be inadmissible but, to keep that proof out, you have to know how to mount a successful objection. When it comes to achieving success in this and other tactical maneuvers in your case, it pays to have an experienced Maryland criminal defense lawyer on your side.

An assault case from Baltimore demonstrates how the hearsay rule may be a powerful weapon in your case where the state wants to use police bodycam footage. In that case, R.B., the defendant, was facing charges that he attacked D.K.

The state did not call the alleged victim as a witness, presumably because the prosecution team could not locate him. The prosecution tried to get around the problem posed by the alleged victim’s absence by introducing into evidence the video footage from the bodycam worn by the local police officer who responded to the scene of the alleged crime and interviewed the alleged victim. In that footage, the police sergeant asked the alleged victim what happened, and he presented his version of events which, unsurprisingly, portrayed himself as innocent and the accused as the sole aggressor.

When the Prosecution in Your Maryland Criminal Case Can — and Can’t — Get Evidence in Based on the ‘Opening the Door’ Doctrine

August 23, 2021 | by Anthony A. Fatemi, LLC

If you watch enough courtroom movies or TV shows then you’ve likely seen the following scene or something like it: Our star, an intrepid attorney, has unearthed enormously helpful evidence but it is not admissible. Then the other side makes an ill-considered comment or asks an unfortunate (for them) question. Our protagonist seizes the moment and moves to admit the key evidence. When the other side objects, our intrepid advocate confidently counters, “Your Honor, they opened the door!” and gets the proof before the jury. Of course, real life is often much more complex than TV dramas and movies, but being able to use (or to block) an “opening the door” argument can be extremely important to your real-life case. When it comes to getting all of your best evidence admitted at trial, you don’t need a gifted actor; you need a skilled Maryland criminal defense attorney advocating for you.

So what exactly does “opening the door” look like… and not look like? A recent felony case that originated in Howard County helps us see. Police, who were investigating a string of burglaries and a robbery in late 2018, searched a Columbia home three times.

Ultimately, after finishing their searches and collecting evidence, the state charged R.D. with, among other things, armed robbery. At trial, the accused man admitted that he lied to the police about where he lived but said he did so to protect the woman who eventually became his wife. The prosecution then set about questioning R.D. about a “whole bunch of stolen goods and” property the police found inside the residence.

DNA Evidence, Forensic Scientist Testimony, and a Defendant’s Right to Cross-Examination in a Maryland Criminal Trial

August 9, 2021 | by Anthony A. Fatemi, LLC

The Sixth Amendment to the U.S. Constitution gives each person on trial the right to confront his/her accusers and to cross-examine them. In Maryland, this state’s Article 21 gives an accused person even more protection when it comes to cross-examination. This is very important because effective cross-examination is often essential to diminishing or destroying the credibility of the prosecution’s evidence. Of course, it is important not simply to engage in cross-examination, but to engage in genuinely powerful cross-examination that’s carefully engineered to chip away at the state’s case. For that kind of effective cross-examination, you should rely on an experienced Maryland criminal defense attorney.

The right to cross-examination has never been more important than it is today, when cutting-edge technology and scientific reports may be the key pieces of evidence on which the prosecution relies. Getting that report’s author on the stand and taking the necessary steps to minimize his/her credibility may be essential to your getting an acquittal.

Consider J.L., who was on trial for multiple crimes in connection with a Washington County burglary. In the ensuing criminal trial, one of the key pieces of evidence in the prosecution’s case was DNA proof. The police took a swab from blood located on a window frame and a curtain of the burglarized home and created a DNA profile from that swab. A Maryland State Police forensic scientist analyzed the sample and generated a report that named J.L. as a possible DNA match.

When the State is — and Isn’t — Entitled to a Jury Instruction About Fleeing the Scene of the Crime in a Maryland Criminal Case

July 23, 2021 | by Anthony A. Fatemi, LLC

There’s so much minutia that goes into a truly proper and complete defense in a criminal case. Whatever the alleged crime, but especially if that crime is a major felony, a conviction has the potential to drastically alter your life for the worse. Don’t leave your future to chance; make sure that you have the right Maryland criminal defense lawyer on your side to protect you to the maximum extent possible under the law.

An attempted murder case from Baltimore is a good example of just how much procedural details may matter. The victim, E.T., was playing dice in Baltimore when he got into an argument with another man. After E.T. punched the man, that man left but returned one minute later, whereupon he chased and shot E.T., critically wounding him. Immediately after shooting E.T., the shooter fled. All of this was recorded on nearby video camera footage.

The state charged D.W. with the shooting, putting him on trial for attempted first-degree murder. D.W.’s defense was a straightforward one: he wasn’t the shooter. The prosecution asked the trial judge to give the jury an instruction on “flight.”

The Constitutional Right to a ‘Speedy Trial’ and What That Right Means for You in Maryland

July 9, 2021 | by Anthony A. Fatemi, LLC

The Sixth Amendment gives each person accused of a crime the right to receive a “speedy trial.” This very general right means some very specific things here in Maryland. The prosecution and the courts have some strict deadlines they are required to meet or else you can use that delay as the basis to get the charges against you thrown out. Whether you need to pursue a speedy trial motion or engage in other procedural maneuvers to protect your rights, the requirements for doing so may be intricate, detailed, and exacting, which is why you should rely on the skills and knowledge of an experienced Maryland criminal defense attorney.

Statutory law in Maryland says that, absent a good reason, your criminal case has to be brought to trial within 180 days. The starting point of that 180-day time period is the earlier of the first time you are brought before the judge or the first time your attorney appears in court to state his/her representation of you in the case.

Sometimes, the procedural tactics of the prosecution can impact that speedy trial deadline, as one recent case illustrated. The accused, S.W., was arrested and charged with various drug and firearm offenses. The grand jury indictment, in that case, occurred on Sept. 18, 2018. After the state later discovered fentanyl in the drugs, the prosecutors dismissed all the charges in the first indictment. The grand jury returned a second indictment on Jan. 22, 2019, that added four new counts covering the fentanyl.

Procedural Errors by the Police and What They May Mean to Your Maryland DUI or DWI Case

June 10, 2021 | by Anthony A. Fatemi, LLC

If you are pulled over because the police suspect that you were driving drunk, you face an array of potential outcomes, and many of them are not good. Sometimes, though, the police may make procedural errors in the conduct of your investigation and/or arrest, and those errors may allow you to obtain a lesser punishment or to get the charges dropped entirely. If such an opportunity exists, a Maryland criminal defense lawyer knowledgeable about DUI and DWI law can help you put on the strongest possible defense.

There are actually multiple different ways in which a DUI arrest can go awry procedurally. J.D.’s case, while occurring outside Maryland, makes for a good illustration. J.D., while allegedly driving drunk, lost control of her Ford Mustang and hit another car. One of the passengers in that other car died. A state trooper allegedly noticed that J.D. smelled of alcohol, slurred her speech, had bloodshot eyes, and also was unable to perform field sobriety tests successfully.

Eight law enforcement officers responded to the crash scene, but none of them contacted either the “on-call” prosecuting attorney or a judge concerning obtaining a search warrant. Instead, a trooper took J.D. to a nearby hospital for an involuntary blood draw. (The driver had twice refused requests for a voluntary blood test.) The test result was .130 and was a key piece of evidence in her DUI manslaughter case, which resulted in a conviction.

How Police Procedural TV Shows May Impact Your Maryland Criminal Case

May 10, 2021 | by Anthony A. Fatemi, LLC

Television has a major impact on how many people view the world, including the world of criminal justice. Of course, police procedural TV shows represent creative minds’ artistic interpretation of a crime scene investigation, a police interrogation, or a criminal trial. While that’s true, there still may be opportunities to use certain knowledge jurors have absorbed from TV shows to create reasonable doubt in your criminal trial. As with any aspect of your defense, a skilled Maryland criminal defense attorney can help you advance your case in the most effective way possible.

One of the more influential shows of the last few decades is “CSI: Crime Scene Investigation” and its spinoffs. In the “CSI” shows, the stars often solve cases and identify wrongdoers through fingerprints, DNA, and other forensic evidence.

Sometimes, in a Maryland criminal trial, the prosecution’s case against the defendant may have a noticeable absence of “forensic or scientific techniques often featured in police procedural television shows.” This absence may, of course, allow the defense to plant seeds of doubt in the minds of the jurors about the strength of the state’s case. To combat this, Maryland law allows trial judges to issue what’s called “anti-CSI effect” jury instructions.