Maryland Law Blog

Baltimore police have arrested Eddy M. Castillo-Diaz, 21, in connection with a stabbing death that took place February 22, 2009, in East Baltimore. According to a Baltimore Sun story, Mr. Castillo-Diaz is a native of Honduras, and police believe that he is in the United States illegally.

Mr. Castillo-Diaz has been charged with first-degree murder in Maryland, assault and weapons charges. Under Maryland law, first-degree murder can be punished by the death penalty,* life imprisonment without the possibility of parole, or life imprisonment. Should the State choose this as a capital case, the accused must be notified in writing of this intent at least 30 days before the start of the trial.

Given the circumstances, the assault charge against Mr. Castillo-Diaz is most likely the more serious felony assault, which depends on the intentional attempt to inflict serious harm on a person, or the infliction of serious bodily injury on a person. Felony assault charges carry a prison term of up to 25 years.

The weapons charge of the type leveled against Mr. Castillo-Diaz is a misdemeanor, punishable by up to three years in prison augmented by up to a $1,000 fine.

Criminal charges of any kind are a serious matter. If you have any questions or concerns about cases such as this one, please contact the experienced Maryland criminal defense attorneys of Meng & Alpert LLC for more information. The attorneys of Meng & Alpert LLC have successfully represented clients facing weapons charges, homicide and assault, as well as general criminal charges. Call 866-444-6363 for a free case evaluation.

*The practice of capital punishment in the state is facing challenges from both the governor and the Maryland Senate.

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Posted In: Assault , Criminal Defense , Homicide , Weapons Charges

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The Baltimore Sun reports in an article that two Maryland State Police officers rescued an unconscious woman from a burning van as a result of a Maryland auto accident during the morning hours of March 11, 2009.

At approximately 6:30 am, Melody Grimm, 57, of Crofton, MD drove her minivan off the roadway for reasons unknown. When Police Officer John Griffin and Cadet Andrew Neall arrived on the scene, the engine compartment of Grimm’s vehicle was burning and thick smoke filled the interior of the minivan.

Cadet Neall tried to open the driver’s side door and found it locked. Officer Griffin broke one of the minivan’s windows to gain entry. Inside they found Grimm unconscious in the front seat of the vehicle. As flames spread from the engine under the van, the two police officers lifted Grimm out and carried her to safety. Moments later the minivan burst into flames.

The victim later regained consciousness after receiving treatment from an EMS unit. Once revived, she refused further treatment. As of this time, the cause of this car accident in Maryland is under investigation.

Continue reading " Anne Arundel Woman Pulled from Burning Car " »

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Posted In: Auto Accidents , Personal Injury

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A review of the Baltimore Sun’s police blotter report for Saturday, March 7, 2009, reveals that three people were arrested and charged with first-degree assault in Maryland in connection with a roadway-shooting incident that took place during the early morning hours in the Woodlawn area.

According to the blotter record, the three individuals were driving in the Woodlawn area and at approximately 3:30 a.m., one of the individuals allegedly discharged a .32 caliber handgun at the driver of another car. Fortunately the shot missed, and the driver reported the incident to law enforcement officials.

Police stopped the suspect’s vehicle shortly after receiving word of the incident and arrested the occupants of the car, two men and a woman. Police officers also recovered the handgun believed to have been used in the shooting.

The roadway shooting case illustrates one aspect of assault charges that are slightly counter-intuitive: the act of assault does not have to be successful for the charges to be made. A charge of first-degree assault in Maryland can be made for the attempt to cause serious physical injury to another. According to one reading of the Maryland code, using a firearm to commit the assault places the act firmly in first-degree assault territory.

Continue reading " Woodlawn Roadway Shooting Considered First Degree Assault " »

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Posted In: Assault , Criminal Defense , Weapons Charges

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An article in USA Today reported the launching of a new website by the National Institute on Alcohol Abuse and Alcoholism (NIAAA) called “Rethinking Drinking.” The site aims at helping those who enjoy drinking alcoholic beverages on a regular basis to determine what kind of drinker they are and whether they are at risk for developing a drinking problem.

The article interviewed a group of women hanging out at a bar after work. Natalie Penoyar, 25, said, “The older you get, the more you think about your actions and your mortality.”

Her attitude is one that the director of the Division of Treatment and Recovery Research at the NIAAA, Mark Willenbring, agrees on.

“Most young adults who socialize at bars and parties don’t give much thought to their drinking habits…if they did, it’s likely that fewer people would develop problems with alcohol abuse later in life,” Willenbring said.

“Rethinking Drinking” is all about risk reduction and awareness of alcohol consumption for individuals between ages 18 and 30, who are primarily the heaviest drinkers in our society. It is also a good resource to help demonstrate the perils of alcohol abuse, which too often leads to people driving under the influence in Maryland.

Continue reading " “Rethinking Drinking” is a Resourceful New Website " »

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Posted In: DUI/DWI , Law & Information

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The Baltimore Sun reports in an article that the Baltimore County police are searching for 26-year-old Warren Jerome Yates of Dundalk in connection with a fatal shooting.

Police allege that on January 7, 2009, Yates sold another man $4000 worth of marijuana, for which he could be facing Maryland drug charges. The other man passed Yates a roll of bills to pay for the drugs, but only one of the bills was real.

The purchaser fled when Yates discovered the ruse, then Yates drew a gun and fired two shots at the man.

One of the shots struck 58-year-old Shirley Worcester, a Middle River resident who was standing outside of her home. The bullet hit Worcester in the chest, fatally wounding her.

Police have issued a warrant for the arrest of Yates based on eyewitness accounts and crime scene evidence. In addition to first-degree murder charges, police have also charged Yates for weapons violations and drug charges.

A Maryland first-degree murder conviction relies on proving beyond a reasonable doubt that the act was premeditated and occurred during the commission of a limited range of felony crimes.

The state is obligated to be clear and deliberate in its actions so that the rights of the accused are observed at each step in the process of justice. To make sure your rights are protected, you need a skilled criminal defense attorney in Maryland who understands the extent of the law. Contact Meng & Alpert for legal guidance and representation at 866-444-6363 toll free.

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Posted In: Drug Charges , Homicide

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The Baltimore Examiner reports that the number of teen auto accidents in Maryland is declining.

Citing data from the State Highway Administration, the Examiner notes that from 2003 to 2007 the total number of fatal car crashes caused by drivers between the ages of 16-20 has decreased by 41. This decrease is a 66 percent decline in the total number of fatal crashes in which a teen driver was at fault.

The good news carries over to injury crashes caused by teenagers. State traffic statistics for the four-year period show a decline in injury accidents of over 50 percent. State officials point to the state’s driver’s license program, which allows young drivers to gradually get more experience behind the wheel. This results in more confident drivers able to handle the sometimes rapidly changing conditions behind the wheel.

In spite of this positive news, teen drivers remain some of the riskiest motor vehicle operators on the highways. A recent fatal car crash involving a Westminster teen illustrates this fact. The Baltimore Sun reports a story of 17-year-old Nicholas Byron, who died early in the morning of January 11, 2009, when he lost control of his SUV and collided with a telephone pole. Police investigators point to several causative factors in the crash—icy roads and excessive speed for the conditions.

Continue reading " Maryland Fatal Auto Accidents Involving Teen Drivers Decreasing " »

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Posted In: Auto Accidents , Law & Information

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