Posted on April 25, 2023 in Criminal Defense

New law bars police searches based upon marijuana smell

Maryland has joined other states in reducing the criminal penalties for marijuana and allowing its recreational use. The legislature, at the very end of its session in April, also  passed a bill that would likely reduce prosecutions for drug charges by prohibiting police from stopping vehicles and conducting searches because they smelled marijuana.

Odor no longer probable cause

If signed by the governor, the bill would take effect on July 1. This is the same date that recreational cannabis becomes legal in Maryland.

This measure will prohibit reasonable suspicion or probable cause for a search or stop based only upon the smell marijuana. Police, for example, cannot rely on the odor of marijuana to conduct a search if they stop a driver with an expired registration.

However, the smell of marijuana may be used if the police suspect that a motorist is impaired. For example, police could rely on a marijuana odor if they pull over a motorist who was driving erratically.

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 Posted on April 11, 2023 in Drunk Driving

What are the potential penalties for a DUI in Maryland?

There are many different situations when people in Maryland have a drink or two. For the most part it is fine to drive after a drink, but there are times when people have more than one and still feel fine. In these situations people are risking being charged with a DUI or DWI. If people are convicted they can face serious consequences that affect different parts of their lives.

DWIs and DUIs in Maryland

There is a distinction between DWIs and DUIs in Maryland. People can be charged with a DWI if they have a blood alcohol concentration (BAC) of 0.07 or above, while they need to have a BAC of at least 0.08 to be charged with a DUI.

As DUI charges involve a higher BAC, the potential penalties are also more harsh than the potential penalties for a DWI.

Penalties for DUI

If people are convicted of a DUI, the penalties depend on how many DWI convictions people had prior to the present offense.

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 Posted on March 28, 2023 in Firm News

What to expect at traffic court

Receiving a traffic citation in Maryland is something you may have experienced in the past. You may have chosen to simply accept the citation and pay it.

But there could come a time when you get a traffic ticket for something you believe you are not guilty of and wonder what your options are. Alternatively, even though it is "just a traffic ticket," being found guilty of the traffic violation could affect your driving privileges or employment, giving you a reason to fight it.

You have two options and both involve requesting a hearing in traffic court.

Waiver hearings

Your first option is a waiver hearing, which is a hearing where you plead guilty to the charge but are given an opportunity to provide an explanation.

At a waiver hearing, you are given a chance to tell your side of the story to the judge. You can request that the judge reduce your fine, waive it altogether or put you on probation.

Although getting a chance to talk to the judge sounds promising, you also take a risk by requesting a waiver hearing. After hearing what you have to say, the judge could choose to increase your fine to up to $500.

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 Posted on March 14, 2023 in Criminal Defense

Can the police track my license plate?

Have you seen cameras on the highway lately? As cameras are increasingly being removed from highways for the purpose of enforcing speed limits, they are being replaced with license plate readers, much to the concern of many Americans as they capture license plates regardless of guilt or innocence.

What are license plate readers?

License plate readers look like cameras, but they track license plates of all passing vehicles. They are mounted on highways, road signs, bridges, police cars and other city vehicles. And, they can take pictures of thousands of license plates a minute. The license plate numbers, along with the date, time and location of the picture, is collected in a database that is usually pooled with other databases. Currently, there are no rules or regulations for such databases, even though the vast majority of these data are for innocent motorists and their location and travel information.

Not restricted to law enforcement

Currently, these data could be used or sold to anyone for any purpose. It is not restricted to just law enforcement. Cities and law enforcement could sell this information to third-party aggregators that already create massive information networks on American citizens.

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 Posted on February 28, 2023 in Drug Charges

Where you are accused of distributing drugs matters

If you were arrested and accused of selling drugs, you likely know that you could potentially be in a lot of trouble. The penalties for a drug distribution conviction include fines and prison time. The harshness of these penalties depends in part on where you were when the alleged crime occurred.

Distribution in school zones

Distribution near schools, playgrounds and other places where children are likely to be present is treated more harshly under federal law than distribution elsewhere.

It is illegal to distribute drugs or intend to distribute drugs within one thousand feet of a public or private school, college, university or playground or within 100 feet of certain other places where children might be present such as youth centers, swimming pools or arcades.

It is not a defense that the accused did not know how close they were to a school or other location where children were likely to be present.

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 Posted on February 14, 2023 in Criminal Defense

When is fleeing the scene of a crash a felony crime?

It is easy to panic if you are in a car crash that might have seriously injured or killed the other driver. You do not know how to handle the situation, and your first instinct may be to flee.

Leaving the scene of an accident in a criminal offense. And, if you leave the scene of an accident involving serious bodily injury or a fatality, you may have committed a felony crime.

Maryland law on serious hit-and-runs

Maryland statutes state that if a driver is involved in a crash that they know or should have known might have caused serious bodily injury to another, the driver must remain at the scene of the crash.

An injury is serious if there is a substantial risk of death, if it results in serious disfigurement, if it results in serious loss of function or if it results in serious impairment of function.

Violating this statute could result in a prison sentence of up to one year and/or a fine of up to $3,000. If serious bodily injury occurred, a violation of this statute is a felony and could result in a prison sentence of up to five years and/or a fine of up to $5,000.

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 Posted on January 31, 2023 in Criminal Defense

Defending bank and mortgage fraud charges

We live in a post-2008 world that is still awash with fears of rampant financial frauds throughout the financial world, including throughout the mortgage industry. This means that Annapolis, Maryland, prosecutors are looking to charges for bank and mortgage fraud.

What is it?

Essentially, fraud is any misrepresentation or deception, so mortgage fraud is any misrepresentation or deception in a mortgage transaction. This can be on the front end or the back end, and it can be on the customer side or the employee side. Specifically, according to the Federal Bureau of Investigation, mortgage fraud is any material misstatement, misrepresentation or omission relating to the property or potential mortgage that an underwriter or lender relies on to fund, purchase or insure a loan.

Customer side fraud

Customer side fraud is often called fraud for housing because it is customers that commit fraud to attain housing in Annapolis, Maryland. It is fraud committed to get or maintain home ownership. Accordingly, the fraud is committed by misstating assets or income on a loan application; lying to, manipulating or enticing an appraiser to manipulate a property’s value or, in some other way, manipulating the underwriter or lender to get funding.

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 Posted on January 17, 2023 in Drunk Driving

Refusing a DUI breath test in Maryland

If a police officer suspects that you have been driving under the influence, they may ask you to blow into a breathe device. The purpose of a breathe test is to measure your blood alcohol content (BAC) level and determine whether it is over the legal limit of 0.08. A driver with a BAC level over the legal limit is presumed to be legally intoxicated and will likely be arrested for suspicion of driving under the influence.

What happens if I refuse a breath test?

Under Maryland’s implied consent laws, all licensed drivers are legally obligated to submit to a breath, blood, or urine test if asked to do so by an officer. If you refuse to take the test, your license will automatically be suspended for 270 days for first-time offenders and two years for second-time offenders and beyond.

While having your license suspended for any period of time can be an inconvenience, refusing a breath test can help you avoid a DUI conviction. Without the results from a breath test, prosecutors will find it challenging to prove that you were driving under the influence. However, keep in mind that even without these test results, prosecutors may present other evidence to show that you were intoxicated behind the wheel. This evidence may include police observation of your behavior and field sobriety test results.

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 Posted on January 03, 2023 in Criminal Defense

Changes coming to Maryland’s marijuana laws

As you’ve likely heard, Maryland voters recently passed a ballot measure resulting in big changes in Maryland’s marijuana laws. With these changes, Maryland will become the 21st state to legalize the recreational use of marijuana.

Decriminalizing marijuana possession

Effective January 1, 2023, it is no longer a crime to possess up to 2.5 ounces of marijuana. Rather, it is a civil violation resulting only in a fine of $100 or $250, depending on the specific amount possessed.

Legalizing marijuana possession

Beginning July 1, 2023, those 21 years of age and over will be able to lawfully possess up to 1.5 ounces of marijuana for personal use. Those under 21 years old will continue to be prohibited from possessing marijuana.

A person over 21 will also be able to legally grow up to two marijuana plants in their home. While Maryland marijuana law is changing, it will still be illegal under federal law and the laws of many other states to possess marijuana. This means that, even if you possess marijuana legally in Maryland, it may be a crime to bring the marijuana into a neighboring state.

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 Posted on December 21, 2022 in Criminal Defense

Man sentenced to prison on drugs and gun charges

Using a firearm in connection with the sale or distribution of illicit drugs can result in a much lengthier prison sentence. A Baltimore man was recently sentenced to 125 months in federal prison because he allegedly used a firearm in three robberies and because he admitted that he committed the robberies to fund his drug trade.

The alleged crimes

The robberies were committed on August 4, 6 and 7 at three Maryland convenience stores. When each of the store clerks involved attempted to avoid the alleged robbers, one of them – the man who is receiving the lengthened prison term – allegedly pulled out a handgun and forced the clerk to walk to the cash register area.

The clerks were ordered to open the registers, and the robbers absconded with whatever cash was in the store.

According to news reports, on the evening of August 8, four Baltimore police officers were patrolling a neighborhood in an unmarked car. One of the officers said he spotted a partygoer whose appearance matched the physical description of one of the convenience store bandits.

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