Maryland Law Blog

From the York Daily Record comes a story of a father and son arrested for DUI not just on the same night, but at the same time.

According to details from the Daily Record, a state trooper stopped a Pennsylvania man. While the officer questioned the driver, the driver’s son appeared on the scene to check up on his father. As a result, the trooper arrested both the father and son on drunk driving charges.

The law enforcement departments of every state take drunk driving seriously. From a law enforcement standpoint, DUI arrests give the perception of cracking down on DUI, which makes good headlines and good political sense. Unfortunately, in the rush to come down hard on DUI drivers, the police can sometimes push the envelope of legal investigative and arrest powers. While the police are winning political points, they may also violate the rights of ordinary citizens.

For those faced with a hastily leveled DUI charge in Maryland, the long and often frustrating experience of working through the courts can be intimidating. If you have any questions about the processing of drunken driving cases by the police, please contact the law offices of Meng & Alpert, LLC at 866-444-6363.

In addition to over three decades of experience as skilled criminal defense lawyers in Maryland, the Meng & Alpert team includes Andrew Alpert, a former prosecutor with extensive training in Maryland DUI/DWI cases. As a DUI defender, he brings over 15 years of professional insight to bear on the issues surrounding DUI. Call today for a free case evaluation.

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Posted In: Criminal Defense , DUI/DWI

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In a recent article from the Washington Post, columnist Marc Fisher discussed the confusion and anger that parents are expressing over Zero Tolerance drug policies at Maryland schools. The latest debate surrounds the plight of a Fairfax County junior who committed suicide when faced with possible expulsion over a violation of the school system’s zero tolerance drug policy.

Zero tolerance movements have gained popularity in various sectors of everyday life over the last two decades. The popularity of these tough movements seems to stem from how easy they are for politicians to sell to the public. School districts in particular love zero tolerance policies because they allow the administration to point to the one-size fits all rules and declare that “they are doing something about the problem.”

According to comments offered by parents in Fisher’s column, punishments often involve expulsion, which can exacerbate their child’s troubles. In 2004, researchers Lance Lochner and Enrico Moretti published a survey in the American Economic Review revealing that graduating high school has a significant preventative effect on criminal activity. Given that kids who are experimenting with drugs are in trouble already, kicking them out of school for minor offenses worsens their chances of straightening themselves out and becoming productive members of society.

Zero tolerance drug policies may operate from the best of intentions, but their indiscriminate application may be creating the conditions spawning the next generation of criminals. The experienced Maryland criminal defense attorneys of Meng & Alpert, LLC have over three decades of experience defending those accused of criminal offenses, including drug trafficking and drug possession. If you know a friend or family member who is facing drug charges in Maryland, and would like to discuss the situation with a knowledgeable criminal defense attorney, please contact the law offices of Meng & Alpert, LLC at 866-444-6363.

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Posted In: Criminal Defense , Drug Charges , Law & Information

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According to a report, Natasha Richardson, 45, was laid to rest at St. Peter’s Episcopal Church in Lithgow, New York on March 22, 2009. Ms. Richardson’s unexpected death resulted from a fall during a beginner skiing lesson. After suffering an epidural hematoma- an accumulation of blood between the brain and skull- the Tony Award-winning actress was taken off life support, a painful decision made by her family. Ms. Richardson was married to actor Liam Neeson and she leaves two children, Micheal, 13, and Daniel, 12.

Given that Natasha Richardson’s family barely had any time to prepare for her death, the emotional pain and loss of such a close family member makes it almost impossible to even think about a will or estate plan; as it is for families throughout the U.S. enduring the abrupt death of a loved one. Not enough of us arrange preparations for our children and our spouse should something catastrophic happen. It is in everyone’s best interest to have an updated estate plan and will to prevent the possibility of lengthy and unnerving legal battles between family members.

In the state of Maryland, if you pass away without a will or estate plan, the state will determine what to do with your property and assets. This can be handled in one of the following ways:

• If you do not have a spouse or children, your parents will receive your assets if they are alive; and if your parents are deceased, then everything goes to your siblings

• If you are married and do not have children, everything goes to your spouse

• If you are married and have children, 50% goes to your spouse and 50% goes to your children

If you have lost a loved one and are concerned about how assets are being taken care of, either by family members or the state, contact George Meng at Meng & Alpert LLC. George Meng has 35 years of experience in estate litigation in Maryland handling complex trust, estate, and real property cases regarding improper handling of estate or trust funds, property, and disputes relating to distributions from estates and trusts. Call 301-627-1600 for a free consultation with Mr. Meng. For more information on estate plans and wills, as well as Natasha Richardson's story, please read "The Importance of Wills & Estate Planning: Natasha Richardson Case Study."

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Posted In: Articles by George Meng , Law & Information , Wills & Trusts

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The Baltimore Sun reports in a story that a rear-end collision sparked a chain reaction automobile crash in Maryland that resulted in a fire and fatality in Anne Arundel County.

On March 4, 2009, a rear-end car collision on East Ordnance Road in Glen Burnie sent one of the vehicles across the center lines of the roadway and into the path of a garbage truck headed the opposite direction. After impact, the car and garbage truck burst into flames. The driver of the car, 33-year-old Christine Schoppert, died of injuries sustained in the truck accident in Maryland.

Lavelas Luckey, a Coast Guard officer who was on his way to work, rescued the driver’s 5-year-old daughter from the burning wreckage of the vehicles. As of this writing, she is undergoing treatment at John’s Hopkins Pediatric Trauma Center for “life-threatening injuries,” according to the Sun story.

This tragic sequence of events, set in motion by a rear-end auto accident, is a very common collision on Maryland’s highways. This case illustrates the momentous and unforeseen consequences that can arise due to a moment’s distraction or loss of control while behind the wheel.

Continue reading " Anne Arundel Car Accident Kills Woman " »

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Posted In: Auto Accidents , Personal Injury , Wrongful Death

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The Baltimore Sun reports in an article that former middle school teacher Cory Yantz, 37, of Cumberland, MD, has pleaded guilty to second-degree murder. The charges stem from the stabbing death of Yantz’s wife, 34-year-old Tanya Yantz, who was killed last August.

In order to understand the difference between first and second degree murder in Maryland, a close reading of the statutes governing first degree murder is required. Maryland retains an older distinction between first and second degree murder which dates from United States common law. A murder is in the first degree if it meets at least one of the following four criteria:

• The killing is deliberate, premeditated and willful
• The killing is done by poison
• The killing is accomplished by lying in wait
• The killing occurs during the commission or the attempt to commit one or more violent felonies.

If the circumstances surrounding a killing do not meet at least one of these criteria, the appropriate charge is second-degree murder.

How Second-Degree Murder Is Used in the Courts
The sentencing options for first-degree murder are quite severe: life imprisonment, life imprisonment without the possibility of parole, even the death penalty. However, the state must operate under stricter procedural rules to pursue the death penalty.

Continue reading " Cumberland Second-Degree Murder Charges Against Former Teacher " »

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Posted In: Criminal Defense , Second Degree Murder

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On Tuesday, March 3, 2009, the Maryland Senate voted to open a full debate into the issue of capital punishment in the state, reports the Baltimore Sun in an article.

Under pressure from capital punishment opponent Governor Martin O’Malley, the senate first voted to turn down a measure presented by the Judicial Proceedings Committee to retain the right to administer capital punishment in certain cases. After defeating the measure by a narrow margin, the senate tallied votes to open a debate on the death penalty. The future of the debate hinged on a single vote, with a final of 24 in favor of the debates and 23 opposing.

The United States Supreme Court removed the death penalty from Maryland’s slate of punishments in 1972 in the wake of Furman v. Georgia. Six years later, the Maryland legislature passed new laws permitting capital punishment that met the Supreme Court’s definitions of fairness.

Continue reading " Death Penalty Debate Set for Maryland Senate " »

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Posted In: Criminal Defense , Homicide , Law & Information

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In the rundown of the Baltimore police blotter for March 10, 2009, the Baltimore Sun notes in an account that a 19-year-old northeastern Baltimore man is in critical condition after being shot in the face during the early morning hours of March 9, 2009. Currently, the Maryland assault with a firearm case is under investigation, and no charges have been filed.

Given the limited amount of information available, should an arrest be made, felony assault with a firearm charges seem likely. Felony assault in Maryland is the attempt to intentionally cause serious harm to another, successful or not. In this case, the victim received injuries severe enough to warrant hospitalization, so the possibility of the state tendering second-degree assault charges is very remote, especially since those injuries were inflicted using a firearm. In Maryland, felony first-degree assault carries a maximum prison sentence of 25 years.

However, should an investigation reveal sufficient evidence that the as-of-now unknown assailant deliberately tried to kill the victim, the charges could be increased to attempted first or second-degree murder. A conviction on an attempted murder charge carries increased prison sentences, from 30 years to life imprisonment.

Continue reading " Baltimore Shooting Puts Man in Critical Condition " »

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Posted In: Assault , Criminal Defense , Weapons Charges

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