Maryland Criminal Attorney Blog

Baltimore County Criminal Defense Lawyers/Attorneys deal regularly with issues of illegal search and seizure. Generally speaking the issue in many cases is not so much whether or not the defendant is factually guilty but whether or not the police violated the person's constitutional rights in the process of investigating an/or arresting him. One of the specific issues that comes up quite often is the issue of when or if the police may conduct a strip search or the functional equivalent of a strip search of a person who is suspected of a crime or under arrest.

I'm sure it will come as no surprise to most people that when a person has been arrested for a serious felony or for any charge that causes them to be processed into the jail, that person will almost without exception be subjected to a strip search. The instances that are less clear cut are those cases in which a person is only charged with misdemeanors or traffic offenses and is released either on their personal recognizance or bailed out without ever going to the detention center, as well as cases in which the police strip search (or conduct the equivalent of a strip search) prior to an arrest taking place. I am currently representing an individual in the latter category. Briefly, here are the facts:

Continue reading " Strip Searches - When Are The Police Allowed to Conduct a Strip Search " »

As a private Baltimore Maryland Criminal Attorney/Lawyer I handle many cases in which a person is charged with Violation of Probation. In these cases, very often the person's fate is sealed before the Violation of Probation is ever charged. This occurs when a private attorney or, frankly more frequently, a public defender, allows a client to end up on probation to the wrong judge in the first place.

I had a case this week in Baltimore County that clearly demonstrates this fact and also identifies one of the major benefits to being represented by an experienced and aggressive private criminal attorney as opposed to a public defender. The facts of the case were as follows:

Continue reading " Violation of Probation - Private Attorney or Public Defender - Does it Really Matter? " »

As a Baltimore Maryland Criminal Attorney/Lawyer I have blogged many times on the issue of choosing the right lawyer for a given case. In criminal matters, it is particularly important to research the background of an attorney before hiring him or her to represent you given the high stakes that are generally involved in criminal cases. Unfortunately, many if not most people do not do any research into the background or experience level of an attorney before hiring him and this can often lead to catastrophic results for the client.

As I have noted in the past, it is important in most cases to ensure that the attorney is both experienced in criminal matters and that the attorney appears regularly in the jurisdiction in which the person is charged. This information is easy to acquire simply by reviewing the attorney's case load on Maryland Judiciary Case Search. http://casesearch.courts.state.md.us/inquiry/processDisclaimer.jis. Most mistakes that criminal defendants' make when selecting an attorney involve the first parameter - that is, not ensuring that the attorney is experienced in criminal matters- but the second parameter - experience in the jurisdiction in which a person is charged - can be equally important. I resolved a case last week that illustrates the importance of this second and oft overlooked component of an attorney's qualification to handle a particular case. The facts in a moment but first some more general discussion about attorney qualifications.

Continue reading " Assault/Sex Offense Sex Successfully Resolved " »

Of all of the cases that Baltimore Maryland Criminal Attorneys/Lawyers are called upon to handle, some of the most difficult are cases involving repeat offenders in drug distribution cases. In Maryland, if a person who has been previously convicted of a either possession with the intent to distribute a narcotic such as heroin, cocaine or prescription controlled dangerous substances, is again charged, he will likely face a mandatory jail sentence that must be served without the possibility of parole. Some jurisdiction such as Baltimore County, pursue these mandatory sentences in virtually every case. Other jurisdictions such as Baltimore City more often than not use the threat of invoking the mandatory sentence to pressure defendants into plea bargain on terms that prosecutors view as favorable.

In Maryland, in cases where a person is charged with distribution of or possession with intent to distribute narcotics such as cocaine, heroin or prescription drugs, a second offender will be subject to 10 years in prison without the possibility of parole. A third offender is subject to a mandatory 25 year sentence without parole and a person with 4 or more convictions faces 40 years. However, in cases involving second offenders, a defendant who is convicted may be eligible for a modification of that sentence if the person is found to be in need of drug treatment by the Department of Health and Mental Hygene and to be sufficiently motivated to take advantage of the opportunity to receive treatment.

Continue reading " Narcotics Distribution Repeat Offender's Case Successfully Resolved with Health General Exception to Mandatory Sentence " »