Maryland Law Blog

A recent auto collision with a light rail train serves as a reminder of how important it is to use extreme caution when in close proximity to tracks where light rails operate. According to an abc2news.com story, three people were injured when their vehicle crashed into a light rail at the intersection of Howard and Lombard. Apparently, the impact of the train caused the car carrying the three individuals to move approximately 100 yards. One of the victim’s injuries was deemed serious; however, none of the three individuals’ injuries were reported to be life-threatening. They were taken to University of Maryland Medical Center.

Metropolitan Transportation Authority Police are still investigating the collision to determine its exact cause. If it is determined that negligence on the part of the train operator was responsible for causing the accident, the injured parties may be able to hold the operator liable for financial costs associated with their injuries and property damage.

Aside from operator inattention, train collisions are also known to be caused by the failure of computerized signal systems, improperly maintained tracks, and even defective train equipment or parts. When innocent motorists or train passengers are injured as a result of a public transportation entity’s negligence or the failure of a train operator to conduct the train in a safe manner, this disregard for the well-being of others should not go overlooked.

In the event that you or a family member is hurt in a train collision and wish to receive compensation to help pay for steep medical bills, pain and suffering, surgeries, property damage, or loss of wages, the assistance of a skilled Maryland train accident lawyer is often needed.

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A man from Myersville, Maryland, considered to be the President of the National Pagans Motorcycle Club, has been accused of leading the supposedly wide-spread outlaw biker gang in extortion, robbery, kidnapping, plotting to commit murder, weapons violations, and drug dealing, according to the U.S. Attorney for the Southern District of West Virginia. Based on a baltimoresun.com report, more than 50 members and associates of the alleged gang are accused of conspiracy to kill and extort rival bikers in order to establish themselves as the top gang of bikers in the area. Those accused are reported to be in West Virginia, Kentucky, Virginia, Pennsylvania, New York, New Jersey, Delaware and Florida.

According to the article, within the 44-count, 83-page indictment document against those arrested, it is stated: “The PMC and its existing support clubs unlawfully threatened and intimidated people who wanted to start a motorcycle club in the PMC territory.” The article also mentioned that federal prosecutors are in search of holding the alleged leaders, including the Maryland man, and 20 others, without bail.

Maryland residents don’t hear about criminal cases quite like this one on a normal basis. It is interesting that prosecutors apparently did not know whether the President of the National Pagans Motorcycle Club had a criminal defense attorney or not. Although the charges against this man and many others seem insurmountable at a quick glance, all citizens arrested for a crime are innocent until proven guilty. Considering that so many people were arrested, it is possible that false accusations were made, leading to charges being brought against those that were not involved with the related crimes whatsoever.

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According to an article from newscientist.com, a group of researchers at the University of Pennsylvania conducted a study that has citizens across the U.S. contemplating the risk of carrying a loaded weapon. Apparently, in examining 677 shootings over a period of two and a half years to see if victims were carrying a gun at the time, the study found that individuals who carry guns are 4.5 times as likely to be shot and 4.2 times as likely to be killed compared to an unarmed individual. The research also showed that the chances of a victim being shot were even higher in incidents where he or she had an opportunity to defend themselves with a gun.

Based on the article, this study is considered by its operators to be just the beginning in answering whether possessing a gun is an act that creates protection or welcomes threat. Even though one of the study’s researches said that the results may represent how carrying a gun gives a person a false sense of immortality or empowerment, this study’s intention does not appear to be intended to infringe upon the right to bear arms under the Second Amendment.

Stating in the article that “it affects others a heck of a lot more”, the co-director of the John Hopkins Center for Gun Policy and Research in Baltimore, Maryland, believes that it is shortsighted to mull over the safety of gun owners and not the communities where persons that carry guns live.

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A story from baltimoresun.com reported that a former Catholic priest faces child sexual abuse charges for alleged acts that took place over 30 years ago in Ocean City. The accused 64-year-old man is from North Carolina, which is the location where he has been arrested and where he is being held. According to the report, law enforcement received a complaint of the sexual assault this past spring regarding incidents that allegedly occurred between the years of 1977 and 1982. A spokesman for the Survivors Network of those Abused by Priests stated that a lawsuit filed against the arrested man in June relates to the same alleged victim who is from Baltimore County and is now in his 40s.

Sex crimes in Maryland, such as indecent exposure, rape, sexual assault, and prostitution, are all very serious offenses that can result in consequences that will forever affect the lives of a convicted individual and his or her family. These cases can be even more complex when allegations are made by children or if the alleged sex offenses are said to have involved child molestation. An accused individual does not need to be a priest to experience the negative affects of societal scorn, which often happens even before a sex crime case goes to trial. Any person charged with a sex crime risks having their reputation tarnished. Although some Maryland residents learning about the recent sexual abuse allegations may wonder if there are other victims whom have kept silent regarding this particular priest, it is important to remember that every person accused of such crimes is innocent until proven guilty.

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The Baltimore Sun reports in an article that the Supreme Court has begun discussion in the Maryland v. Shatzer case. The case relates to a child sexual abuse investigation from 2003, in which a man was questioned about molesting a young relative. He asked for an attorney, but he was not provided one, so the case was dropped. Later in 2006, the investigation began again and the man was again questioned. Even though he confessed to lewd acts with the boy in 2006 and was convicted, an appeals court decided that his confession was inadmissible due to the prior request for an attorney made in 2003.

At the heart of the case is the lack of distinction as to how long the request for an attorney should last when a suspect is being interrogated. Statements made by an accused person may be deemed inadmissible if they are made after requesting an attorney to be present and such statements are made when an attorney is not present. Therefore, as it stands currently, a break in custody, even if that break lasts for years, does not erase a request for an attorney.

According to the report, a Maryland Attorney General believes that allowing the decision to throw out Shatzer’s confession is likely to lead to chaos in police investigations. He stated, “A defendant who invokes anywhere at any time is forever immune from being questioned by the police.”

The main question at hand pertains to whether or not asserting or invoking the right to legal counsel lasts indefinitely, or if the invocation of such rights should have certain limitations, especially if there is a break in custody or a substantial lapse of time in between interrogations.

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A wjz.com article reports that five more women are claiming that a well-known rabbi in Baltimore sexually assaulted them or said inappropriate things to them, or committed both acts in some incidents. The 85-year-old rabbi was convicted in April of this year for molesting a woman in a Reisterstown funeral home. He was sentenced to a suspended one-year prison term.

Apparently, it was reported by The Sun that three of the women alleging inappropriate behavior contacted the newspaper and two of the other claims were submitted by other sources. It is interesting that these other five women waited until the rabbi was convicted of a separate sex crime before coming forward with their own allegations.

It has not yet been determined as to how these allegations will be presented in a court of law and what proceedings will take place. Even so, such accusations of sexual touching and verbal harassment should not be taken lightly by those making such claims or by the person being accused. In this particular case, the rabbi’s suspended one-year prison term may be compromised if he is convicted of committing more offenses than were originally revealed. The report did not mention whether these other alleged assaults took place before, during, or after the offense for which he was convicted.

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As the month of October begins at full-speed, Maryland residents must become aware of new laws that have been introduced in the State. These new regulations are being enforced to help prevent crime and injury, especially when it comes to being behind the wheel. According to a times-news.com report, one of the new laws will affect those arrested for DWI. The new law states that within a span of five years, if a person hits their second DWI arrest, he or she will face an obligatory license suspension for one year.

According to the article, another new law that has taken affect in Maryland is an official ban against texting while driving. If you are convicted of texting while driving, you may face a steep fine of $400 in addition to having one point added to your driving record. Considering that the law will make exceptions for emergencies, cases involving texting and driving may present some complications given that one person’s definition of an emergency may differ from another’s.

In relation to the new DWI law, having your license suspended can impose many inconveniences in limiting your ability to secure timely and reliable transportation to and from work, school, and other important locations. To face the chance of enduring this penalty for an entire year can add to an experience that is already overwhelming when an individual is arrested for DWI.

If you have been arrested for DWI in Maryland, you don’t have to go through this challenging time alone. In many cases, those facing DWI charges find that they benefit from seeking the assistance of a skilled Maryland DWI defense lawyer with experience handling such cases. Aside from facing a one-year license suspension, other DWI consequences may involve multiple points on your driver’s license, hefty fines that may compromise your financial stability, and even a prison sentence.

Continue reading " A List of New Laws in Maryland: DWI Consequences Influenced " »

An article from wtop.com reported on June 20, 2009 that a 17-year-old Flintstone boy was killed in an all-terrain vehicle (ATV) accident in Allegany County. Apparently, in an effort to avoid hitting a wire fence while traveling on a private farmland dirt trail, the teen lost control of the ATV and crashed. An 18-year-old passenger on the ATV suffered injuries. It is not known at this time whether the teens were wearing helmets at the time of the incident or if any obstructions played a factor in causing the accident.

The National Highway Traffic Safety Administration advocates teen driver safety, as do all parents, teachers, neighbors and friends alike. According to the NHTSA website, vehicle crashes are the leading cause of teen deaths in America. Teens are involved in three times as many fatal crashes as all other drivers. This staggering amount of young adults killed due to auto accidents of all kinds, including ATV accidents, motorcycle accidents, car accidents, and pedestrian accidents, are mostly attributed to lack of experience on highways and roads.

Aside from the potential of accidents to occur caused by teen speeding, drunk driving, distractions like loud music or cell phone use, or not wearing seatbelts, in a lot of cases, a teen’s death in an auto accident is caused by the negligence of another driver. In instances where a teen survives an accident, a tough road can definitely lie ahead, with catastrophic brain, spine, and limb injuries being a possible result of any accident, negatively influencing a teen’s future in ways that were previously unimaginable.

If your son or daughter has been killed or injured in an auto accident in Maryland, you deserve to get important questions answered by an experienced Maryland auto accident attorney. Although no monetary amount can ever replace a life or change the fact that a serious injury has been inflicted, an auto accident or personal injury claim can help your family gain financial stability while having to deal with steep bills from hospital stays, treatment, or physical therapy. Compensation may also assist with the cost of funeral expenses, and even pain and suffering.

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