Posted on October 19, 2021 in Drunk Driving

One can lose a drivers’ license before a conviction

We often speak about DUIs and DWIs on this blog. Indeed, last week, we spoke about how one can lose their license if one is convicted for drunk driving. However, if one fails an alcohol test or refuse to take one, drivers can still lose their license.

Wait, one can lose their license for a DUI or DWI without a conviction?

Yes. In Maryland, if one is pulled over for a suspected DUI or DWI, there are potential consequences. If one refuses to have their blood alcohol or drug concentration tested, or if they fail a blood alcohol or drug concentration test, the police officer will confiscate their Maryland driver’s license, issue a temporary, paper, license and then prepare a MVA file. And, if one has a commercial driver’s license, this will likely suspend those driving privileges.

What is handed over by the arresting officer?

In addition to the paper license, the Annapolis, Maryland, arresting officer will give the accused an Officer’s Certification and Order of Suspension. This form gives the accused a detailed list of the incident, the pending driver’s license suspension and whether or not a test was conducted (and its results, if one was taken). Though, the paper license can be used as a temporary driver’s license.

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 Posted on October 07, 2021 in Drunk Driving

People convicted of a drunk driving offense will lose license

People have many responsibilities when they are driving their vehicles in Maryland. They must pay attention to the road and avoid distractions. They must follow the traffic laws such as the speed limits, signal their turns, stop at stop lights and stop signs, drive safely for the various weather conditions and follow other rules. They also must not drive after they have had too much to drink. If they decide to drive while they are intoxicated or under the influence of drugs or alcohol they could be charged with a crime.

Like other crimes if people are convicted of a DUI or DWI, they could face criminal consequences such as fines, jail time, probation and other penalties. However, when people are charged with drunk driving offenses, they can also lose their driver’s license for a period of time. How long they will lose their license depends on different factors such as how many previous offense they have on their record, how intoxicated they are at the time they were driving, whether there was an accident with fatalities or if they refused to take a test.

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 Posted on September 28, 2021 in Drunk Driving

How can I defend myself against drunk driving charges?

There are several ways that accused drivers can defend themselves against drunk driving charges and potentially protect themselves from the possible penalties and consequences associated with drunk driving charges. Drunk driving defenses fall into different categories and accused drivers should know what criminal defense options may be available.

Affirmative drunk driving defenses

The category of affirmative defenses are defenses that provides a reason why an offense may have been committed. Affirmative defenses include necessity, duress, entrapment, mistake of fact and involuntary intoxication. Affirmative defenses may apply in only specific situations why is why accuse drivers should be familiar with these types of defenses and if they may apply in their situation.

Common drunk driving defenses

Other common defenses to drunk driving focus on the traffic stop itself and if any of the accused driver’s criminal defense rights were violated or if authorities failed to follow required procedures to protect the rights of the accused driver. Examples may include:

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 Posted on September 14, 2021 in Drug Charges

Local man facing significant drug charges

Tips to police can lead to many issues for residents, whether justified or not. These often anonymous "helpful" citizens can have nefarious intentions and often lie about their tips. Too often though, with an ever-increasing militarized police force and over zealous prosecutors, people can get swept up, or over prosecuted. One local Glen Burnie man is now facing the repercussions of one such anonymous tipster.

The tip

According to a press release, the original tip came to the police back in July. They told the police that they believed there was drug distribution occurring on the 7800 block of Americana Circle in Glen Burnie.

The investigation and warrant execution

In just three short months, they were somehow able to gather enough evidence for a judge to grant a search warrant. And, on Sept. 9, they executed it. After which, instead of charging and prosecuting their case against the 40-year-old local, they put out a press release insinuating his guilt and specifically naming him.

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 Posted on August 24, 2021 in Criminal Defense

Do you know how to exploit depositions to your advantage?

To present the best criminal defense possible, you have to be thoroughly prepared to litigate your case. That’s why the discovery process is so important. During the discovery phase of your case, you diligently work to find out what the other side knows so that you can better anticipate its arguments and build your own.

One of most important aspects of discovery in a criminal case is the deposition. Here, you take sworn testimony from witnesses prior to trial and outside of court in order to lock in their statements and gauge how they’ll respond to certain questions at trial. You can then use this depositional testimony to attack a witness’s credibility or poke holes in the prosecution’s case.

Competently navigating depositions

Depositions might seem a little less formal than trial testimony, but they are just as important, if not more so, than the testimony actually given in court. That’s why you have to have a strong strategy going into your depositions if you hope to exploit them to your advantage. Here are some things to keep in mind:

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 Posted on August 13, 2021 in Criminal Defense

Understanding embezzlement

Embezzlement is a serious crime and most often, it occurs in a business setting. It occurs when a person has lawful possession of another person’s property, then takes that property or converts it for his or her own use and does not intend to return it.

It may also include using, selling, damaging, permanently withholding and giving away property or money that belongs to someone else.

Embezzlement examples

Generally, the person who is accused of embezzlement is a trusted employee, business partner or a contractor. These people have lawful access to the employer’s property or money and are tasked with using it for the employer’s best interest.

Embezzlement can occur in any business, however it commonly involves people in financial professions like banking, money management and office management and may include falsification of records or paychecks and fraudulent billing. Sometimes, an employer will accuse the person of taking small amounts of money or property over time instead of all at once.

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 Posted on July 29, 2021 in Criminal Defense

Does self-defense require a person to retreat?

Altercations can turn physical quickly and present individuals with dangerous situations from which they have few options to escape. When confronted with a belligerent or aggressive individual, an Annapolis resident may have no other choice than to fight to protect their own health and welfare. Under Maryland law, they may have the right to use self-defense as a defense in court if they are later charged with any form of assault charge.

Self-defense is subject to its own laws and requirements for appropriate use. Readers may use the contents of this post as information on the topic but should not rely on it as legal advice. When facing criminal charges after using self-defense, an individual can benefit from seeking independent legal counsel from a knowledgeable criminal defense lawyer.

Requirements for self-defense in Maryland

There are several conditions that must be met for a person to appropriately use self-defense. Those conditions include a reasonable belief that the individual is subject to an imminent or immediate threat of danger, that they actually believe they are in danger, that they did not provoke the person who is being aggressive toward them, and that they only used as much force as necessary to mitigate the situation. If an individual cannot meet these requirements, their use of force in self-defense may not be justified.

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 Posted on July 09, 2021 in Criminal Defense

Are the prosecution’s witnesses lying about you?

When prosecutors bring criminal charges, they oftentimes basing their case, at least in large part, on the observations and opinions of others. If you’re on the receiving end of those criminal charges, then these witnesses have the power to strip you of your freedom and ruin your future.

But do you feel like those witnesses are lying or misconstruing the facts? If so, then you should take some comfort in knowing that there are legal maneuvers that you can employ to highlight those witnesses’ flaws.

Attacking the credibility of prosecutorial witnesses

Attacking witness credibility could be key to your criminal defense. After all, juries are tasked with giving the appropriate amount of weight to each witness’s testimony. Therefore, if you can draw a witness’s credibility and reliability into question, then you could cause the jury to attribute less weight to that testimony. That, in turn, could lead to a positive outcome.

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 Posted on June 25, 2021 in Drug Charges

Two arrested for drug trafficking in Anne Arundel County

Those who are facing drug charges in the Annapolis area know how serious law enforcement takes these crimes. People from any walks of life could face drug charges with the common theme that a conviction can bring them years of jail time.

Major Annapolis drug bust

Two people are facing drug trafficking charges in connection with a drug ring in Anne Arundel County. Anne Arundel law enforcement officers seized over $1.7 million of illegal drugs and executed four outstanding warrants. Law enforcement seized two firearms, 2.6 pounds of heroin, crack cocaine, fentanyl, and almost $150,000 in cash. The investigation is still ongoing, and charges are pending.

Criminal defense attorney

If a person is facing drug charges, they may want to speak with an attorney who specializes in criminal defense as soon as possible. An attorney has the experience necessary to aggressively defend their client against these charges. They have experience with state and federal charges for:

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 Posted on June 15, 2021 in Criminal Defense

When can the police legally search your home?

When people are in their homes, they have a level of comfort and security that they do not have in many other places. They expect what occurs inside their home to be private and that people outside of the home will not know what is going on inside. This is true especially for the police. Police have a job to do in Maryland and that is to enforce the law. In order to do this they need to figure out when people are breaking the law.

Police need to collect evidence of crimes though to determine when people break the law. There are many rules that prevent police from simply searching anyone that they want to search. People have protections from unreasonable searches by police through the Fourth Amendment of the U.S. Constitution. The term unreasonable was not specifically defined in the Constitution though. What police are allowed to search and what they are prohibited from searching has been developed through various cases defining the rules.

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