Maryland Law Blog

Maryland’s highest court will not overturn or suspend its April ruling that prohibits DNA collection from individuals charged, but not convicted, of violent crimes and burglaries, The Washington Post reports. The Maryland Court of Appeals clerk’s office confirmed that judges denied the request of the Maryland Attorney General to reconsider the decision made in Alonzo Jay King Jr. v. State of Maryland, which found that swabbing criminal suspects for DNA after they are charged is a violation of their constitutional rights. With this new ruling, police will not be able to collect DNA from charged criminal suspects while they await action from the court.

The case centers around a piece of legislation in Maryland that allowed police, starting in 2009, to collect DNA from suspects after they were charged with burglaries or violent crimes; prior to this new law, police officers were only able to collect DNA from convicted criminals. Alonzo Jay King Jr. challenged the law after his April 2009 arrest in Wicomico County on first and second degree Maryland assault charges. Prosecutors in the case used a DNA swab from this case to connect him to a rape which occurred in 2003, and he was later convicted and sentenced to life in prison for the crime.

The Maryland Court of Appeals sent King’s case back to the circuit court of Wicomico County and threw out the DNA evidence against him, stating investigators violated the man’s Fourth Amendment rights by taking his genetic material and comparing it to samples from an old crime scene. The ruling drew criticism from police and prosecutors across the state. As the motion to reconsider the decision is denied, the Maryland Attorney General plans to petition the Supreme Court to suspend the ruling of the state court and eventually overturn it.

Any person charged with a crime in Maryland deserves to have their lawful rights protected from the time of the arrest to the court proceeding, and a skilled Maryland criminal defense lawyer will work to ensure legal rights are defended. With extensive experience successfully defending those facing a variety of criminal charges in MD, our legal team will work tirelessly to get you the best possible outcome in your case. For a no-cost case evaluation, call our offices at (866) 444-6363.

A disgruntled homeless man fatally shot a secretary and critically wounded a priest at an Ellicott City church, according to a Delmarvanow.com news report. The homeless man, described as “argumentative and belligerent,” was reportedly turned away from a food bank because of increasingly aggressive behavior, which authorities believe may have been the motive for the shooting. After shooting the 59-year-old female secretary and the 62-year-old female priest for St. Peter’s Episcopal Church, the man killed himself in the woods where he lived with a handgun near the church, approximately 14 miles west of Baltimore.

The secretary, a resident of Ellicott City who worked for the church for seven years, was pronounced dead at the church after a custodian discovered the tragic scene and contacted police. Police and hospital officials report that the priest, who had been co-rector of the parish since 2009, was in critical condition at Shock Trauma in Baltimore after the shooting but later passed away. At the Episcopal Diocese of Maryland’s annual convention, the fatal MD shooting provoked anger, grief, and prayerful reflection. A Maryland bishop stated the anger was directed at a society that allowed a mentally ill individual to have a handgun.

Police are investigating the handgun’s registration and history. A spokeswoman for the Howard County Police department stated the homeless man may not have necessarily been targeting the pair, but they may have simply been the two people who were there when he arrived with the gun.

Homicide in the state of Maryland is an extremely serious crime that can result in severe penalties, such as imprisonment. At the law firm of Alpert Schreyer, our Maryland murder defense attorneys can apply our extensive knowledge and skills to build an aggressive defense on your behalf. We offer a free and confidential case evaluation, so contact us immediately to schedule your consultation by calling (866) 444-6363.

The Vienna Patch reports that a 24-year-old woman was arrested for attempting to fill fraudulent prescriptions at a Vienna pharmacy. The young woman, a resident of Gaithersburg, was arrested at the Vienna Drug Center and taken to the Fairfax County Adult Detention Center where officers obtained a warrant for prescription fraud. An employee at the Vienna Drug Center alerted authorities around 10 p.m. on April 28 that someone was trying to fill a fraudulent prescription. Upon receiving the information, police also discovered that the woman was wanted in Montgomery County on a warrant for probation violation. The 24-year-old was held on a $5,000 bond for the various charges.

Prescription fraud is a very serious and growing problem in the U.S. Prescription drug fraud is defined as the acquiring or obtaining of a controlled substance by illegal means and the wrongful gain of prescription drugs for personal use, or profit, without a validated prescription from a physician. The crime of prescription fraud can be committed in a number of ways, including forging prescriptions, altering prescriptions to increase the quantity, and impersonating a physician over the phone.

The penalties for a prescription fraud conviction in Maryland can be very serious, but seeking assistance from a Bethesda narcotics defense attorney can help protect you from excessive penalties. At the law firm of Alpert Schreyer, our criminal defense attorneys have a successful track record of defending clients facing drug-related charges and will work diligently to ensure your lawful rights are protected. To discuss your case with us, call (866) 444-6363. The initial consultation is free and confidential.

A 52-year-old resident of Chestertown, previously arrested for the MD crime of assault in November, 2011 while dressed as the favorite holiday character Frosty the Snowman, is once again in trouble with the law, according to a WBOC.com news story. The man who, according to Chestertown police “makes bad decisions,” was arrested on charges of disorderly conduct, resisting arrest, and related charges following an incident that occurred in front of the man’s home on High Street.

According to the report, police passed the man’s house twice and as the 52-year-old walked toward their vehicle, one of the officers proceeded to get out of the car. ‘Frosty,’ who was not in costume at the time, became “irate and angry” and was using profanity, according to the police officer’s statement. Police suggested he go back inside his home and reportedly gave him many opportunities to cease and desist, but the man continued to act inappropriately and was therefore arrested.

The Chestertown resident believes police went overboard arresting him, but admits using profanity in the presence of the officers was a mistake. Following the arrest, he was released on his own recognizance. In November, the man was arrested for allegedly attempting to kick a police dog during a Chestertown Christmas parade.

If you are facing criminal charges in the state of Maryland, a skilled Maryland criminal defense attorney with the law firm of Alpert Schreyer can help. Seeking assistance from a qualified attorney is well-advised and may help you avoid harsh penalties and excessive fines. To see how we can apply our years of criminal defense experience to your case, call (866) 444-6363 for a free case evaluation.

Cinco de Mayo, a holiday which celebrates Mexican heritage and commemorates the Mexican army’s victory during Battle of the Puebla, has become a day not only celebrated in Mexico but in the United States as well. Cinco de Mayo has also become one of a handful of holidays throughout the year that has become synonymous with drinking as partygoers around the country, regardless of heritage, get together with friends and family to have fun and likely a few drinks. As such, drunk driving is especially a problem on this holiday as some may choose to act carelessly and get behind the wheel after drinking.

In order to prevent dangerous DUI (driving under the influence) accidents, the Anne Arundel County Police Department is stepping up DUI enforcement on Saturday, May 5. The Odenton-Severn Patch reports that County police will be coordinating efforts with various law enforcement agencies and will be assigning officers to DUI enforcement throughout the county. In addition, officers will be targeting roads previously identified as having high rates of drunk driving-related accidents and arrests.

The County police department states the DUI saturation patrols in MD have consistently remained an effective strategy for removing impaired drivers from the road, but they are only part of an overall strategy of enforcement, prevention, and education to reduce DUI-related accidents, injuries, and deaths.

All drivers are encouraged to celebrate responsibly on May 5 and throughout the rest of the year, and with the help of both motorists and police, DUI accidents may be prevented. However, increased DUI enforcement during holidays may also mean innocent motorists are the target of overzealous law enforcement. If you have been arrested for drunk driving in the state, the Maryland drunk driving defense lawyers at the law firm of Alpert Schreyer, LLC can help defend you against harsh punishments. To discuss your case with us, please call (866) 952-1500 at any time of the day or night.