Maryland Criminal Attorney Blog

Many people with certain "old" convictions in other states often ask if he/she has a legal requirement to register in Maryland under the current sexual offender registration laws. As former prosecutors and current defense attorneys, we are very familiar with the issue. Often times persons who were required to register in other states are not required to register in Maryland.

Criminal Procedure Subtitle 7 Registration of Certain Offenders provides that citizens of Maryland do not have to register for offenses committed before July 1, 1997. This is also confirmed by case law. The statute specifically holds that out of state offenders who committed their offense before July 1, 1997 must still register. This provision treats out of state offenders differently then in state offenders violating Article IV, Section 2 of the Constitution. The Interstate Privilege and Immunities Clause.

If he had committed this act in the State of Maryland he would not have to register. This is discussed in the editors note to Criminal Procedure § 11-704.

“Section 4, ch. 754, Acts 1997, as amended by § 1, ch 21 Acts 1998, and as amended by ch. 317, Acts 1999, provides that “except as provided in §§ 5 and 6 of this Act, this Act shall be construed only prospectively to apply to offenses that are committed on or after July 1, 1997, and may not be applied or interpreted to have any effect on or application to any individual who commits an offense before July 1, 1997.”

This position was also affirmed by the Court of Special Appeals. “A court cannot require a defendant to register in accord with former Art. 27 § 792 where all the acts in question took place before the effective date of the law. Maslin v. State, 124 Md. App. 535, 723 A.2d 490 (1999)

§ 11-704 Section 5 specifically excludes out of state convictions.

“Section 5, ch 754, Acts 1997, as amended by ch. 317, Acts 1999, provides that
“a child sexual offender who is subject to the requirements of chapter 142 of
the Acts of the General Assembly of 1995 and who committed the sexual
offense before October 1, 1997, is subject to the requirements of this act.”

This creates the position that if you committed your act in Maryland before July 1, 1997 you don’t have to register, but if you committed your offense outside of Maryland you have to register.

Continue reading " Do I need to Register When Moving to Maryland? " »

Trademark Counterfeiting is usually seen by Maryland Criminal Attorneys in Baltimore and throughout the State in the form of counterfeited movies and compact discs. Many people are surprised to hear that it is not only a serious criminal offense but can even be a felony depending upon the total retail value of the counterfeited merchandise possessed by the defendant.

I have a new client who was recently charged with possession of counterfeited movies in Baltimore County Maryland. He is a resident of Connecticut and was merely passing through Maryland when he was profiled by a Maryland Transportation Authority Police Officer just prior to entering the Harbor Tunnel. The client, who is a young African American man, acknowledges that he was speeding as alleged by the police officer but everyone knows that he wasn't really pulled over for travelling 62 in a 55.

Continue reading " Is Trademark Counterfeiting a Felony Under Maryland Law " »

Maryland Criminal Attorney What exactly does it mean to be in "constructive possession" of contraband such as drugs or illegal weapons in Maryland? I was faced with this fairly common legal issue in a case in the District Court for Baltimore County in Catonsville this week. The facts of the case were as follows:

My client was operating a motor vehicle in the Catonsville area of Baltimore County one day this past summer. The police noted in their report that the car caught their attention because the operator was not wearing his seat belt. (I'm sure that the fact that he was a young black male had nothing to do with it). The officer's turned around and followed the vehicle and made several other observations such as speeding and frequent lane changes. They pulled the vehicle over and identified my client as the driver and sole occupant of the vehicle. My client produced a valid driver's license as well as the registration which confirmed that the car was registered to his father.

Continue reading " What is "constructive possession" of a handgun or a controlled dangerous substance? " »

Maryland Criminal Attorney I had this issue in a case in the District Court in Baltimore City today. (The case was ultimately postponed so I will have to update the blog regarding the disposition of case). The facts of the case are that a police officer was travelling behind my client in her marked patrol unit. As my client approached a red light the officer noticed that the center brake light did not illuminate when the other two did. She activated her emergency equipment and pulled my client over for the purpose, according to her report, of issuing a repair order. She also ran my client's license through the MVA computer and determined that his license was suspended at which time she placed him under arrest. Was this a legal stop?

The problem with the stop as I see it, is that under Maryland law, all motor vehicles are required to have TWO operating brake lights, not three. So the question is, does an officer have probable cause to pull someone over because the vehicle that that person is operating has an non-functioning but clearly optional equipment. In my view the answer is no. Unfortunately, the Court of Appeals has not ruled yet on this precise issue but we can learn something about how they may rule by their rulings on some similar cases.

Continue reading " Can a police officer pull a vehicle over for having an inoperative center brake light in Maryland? " »