April 21, 2011

Sex Offender Facing Five Year Sentence Gets Four Weekends

As an Aggressive and Experienced Maryland Criminal Defense Attorney, I have represented dozens of people who have been charged with Sexual Solicitation of a Minor. In most of these cases, the defendant is caught in a sting operation conducted by state of federal law enforcement.

I represented a client in one such case this week in Baltimore County Circuit Court. The State was seeking a sentence of 10 years in the Division of Corrections with all but 5 years to be suspended. I was able to get him a sentence of just 4 weekends to be served in the Baltimore County Detention Center. This, in spite of the fact that we ended up in front of a judge who is widely regarded as a very tough sentencing judge and the fact that we literally had no defense. How did this happen? The answer is we put together a compelling presentation of mitigating facts and circumstances to argue for a sentence much less than the State was demanding.

It may surprise some to know, that in many criminal cases there really is no plausible defense to the charges. In street parlance these cases are known as "dead up" or "slam dunk" cases. The fact of the matter is that in many if not most cases, the police do their job correctly and gather enough evidence to make conviction a virtual certainty. In these matters, it is vital that the criminal defense attorney have the requisite experience and judgment to first recognize the fact that the case is indefensible and then the integrity to break the bad news to the client. In these cases it is always in the client's interest to accept that conviction is inevitable and concentrate on doing what is necessary to limit the damage. In other words, work on mitigation. All too often, I see inexperienced or ineffective attorneys pursuing unrealistic defenses in court that result in their clients to be punished more harshly by the courts either because the client didn't get the benefit of accepting responsibility for his or her actions, because the court believes that the client lied on the stand, or simply because the judge imposes a trial penalty. Another way to say that is that the court doesn't give the defendant the benefit he would have received in a plea bargain. Here are the facts of the case I had this week.

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October 13, 2010

Sexual Assault - Wrongfully Accused Client Successfully Defended

As a Baltimore Maryland Criminal Attorney I have always found that among the most difficult types of cases to defend is the client who is wrongfully accused of a http://www.mdattorney.com/lawyer-attorney-1300820.html. I have blogged about this issue in the past but I am currently representing someone whose situation is a little different that most of my past cases. In most of the cases like this that I have handled, the issue was consent. There was never any question in these cases that sexual contact had occurred between the parties. The issue was did the woman consent or was she forced in some way or simply too intoxicated to validly consent?

The case that I am currently handling is even more difficult because the charges are an outright fabrication. As we all know, it is extremely difficult to prove a negative, that is, prove that something did not happen. This is precisely what we are faced with in this case because the alleged incident simply never occurred. Here are the facts:

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May 20, 2010

Date Rape Charges Dropped Against Baltimore College Student

http://www.mdattorney.com/lawyer-attorney-1300820.htmlAs Baltimore Maryland Criminal Attorneys, we are often called upon to defend college students and other young people who are charged with what is commonly termed "date rape" allegations. These allegations invariably involve young women who are highly intoxicated on drugs or alcohol engaging in sexual activity that they later allege was non-consensual. The vast majority of these cases involve situations wherein the young woman involved became voluntarily intoxicated but we have seen several cases in which the so called "date rape drug" was found to be in the alleged victim's system.

We have successfully defended a large number of these cases many of which having occurred on or around one of the numerous college campuses in the area. We recently defended an individual in just such as case and were able to have all charges against him dismissed prior to trial. This particular individual did not retain us until after he was charged which was a mistake on his part as we have successfully prevented many similarly situated individuals from ever being charged. Here are the facts of the case:

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