An Aggressive Maryland Criminal Attorney will always review all criminal cases for Constitutional Violations such as Speedy Trial, Illegal Search and Seizure, Illegal Confessions in violation of a person’s Miranda Rights and, Illegal Traffic Stops. I have a case scheduled for next week in the District Court of Maryland for Baltimore City at the North Avenue location that involves a significant Speedy Trial issue that I believe will result in the dismissal of all charges.
The client allegedly had a domestic violence incident involving his girlfriend at the time, way back in March of 2006. The ex-girlfriend went to the court commissioner and swore out a warrant against him alleging that he had assaulted her in the second degree and repeatedly harassed her and committed telephone misuse by repeatedly calling her with the intent to harass her. The warrant was issued that day but there was apparently never any attempt to serve this warrant on my client until April of this year, over two years after the warrant was issued. This obviously puts the issue of Speedy Trial in play. Speedy Trial is an issue that comes up often in serious felony cases in the Circuit Court, particularly in Baltimore City. In felony cases that are charged in Circuit Court, either by way of indictment or criminal information, Speedy Trial commences upon the filing of that formal charge, not when the original warrant is issued. That is because the original warrant in the majority of circuit court cases is issued by way of a District Court charging document, known as a Statement of Charges, a charging document upon which the defendant cannot be tried.
Continue reading ›