Maryland Law Blog

Police in Cambridge, Maryland arrested two men on February 10, 2010 after they attempted to elude police during a traffic stop. According to news reports, when officers attempted to stop a vehicle for driving against a state of emergency order issued due to severe weather, the driver failed to pull over and attempted to elude the officers. Fortunately for police, when the driver turned from Washington Street onto St. Clair Avenue, his car became stuck in the snow. Three individuals then jumped from the vehicle and proceeded to flee on foot. The officers were able to catch and arrest both the driver and the front seat passenger.

The arresting officers found 22.3 grams of marijuana on the floor of the front passenger’s seat. The driver, a 22-year-old from Rhodesdale, was driving on a suspended driver’s license. In addition, the front seat passenger, a 25-year-old from Cambridge, was wanted on an outstanding warrant for 13 counts of animal cruelty. Both face multiple charges, and are being held at Dorchester County Detention Center.

Continue reading "Two Men Arrested for Police Evasion, Drugs and Outstanding Warrant" »

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

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Washington D.C. prosecutors are weighing support for the city’s bid to increase PCP drug possession charges to felony charges under the pretext that violent psychosis caused by the drug warrants the increase of punishment. Based on a recent article, defense lawyers argue that possession of the drug without intent to sell should not garner long-term prison sentences.
Phencyclidine, a chemical substance commonly known as PCP, has been blamed for causing numerous violent rampages in Washington D.C. According to the District’s Pretrial Service Agency, nine percent of adults arrested in the District last year tested positive for the drug. The drug is known to cause paranoid thoughts, feelings of abnormal power, invulnerability and strength as well as panic and a sense of impending death.

Should the bid succeed, liquid PCP drug possession offenders will be punished with up to five years in prison and a $5,000 fine on top of having a felony charge on their records. Defense attorneys rally that harsher penalties will result in more incarcerations, something many local governments are against.

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

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Maryland lawmakers are addressing a bill that, if approved, will require prisons in Maryland to inform federal authorities of an inmate’s questionable status in terms of being in the country illegally. According to a recent Baltimore Sun article, the bill could potentially save the state of Maryland millions of dollars. Reportedly, the bill may make it easier to detect and deport illegal immigrants instead of spending money on their incarceration, parole, and probation. However, the bill does not specify how prison officials will obtain information regarding immigration status. This uncertainty may impose discrimination upon inmates and increase tension within prisons.

Senator James E. DeGrange Sr. stated that the bill is a response to a law that went into effect in October 2009, making it mandatory for prison officials to issue identification cards to all inmates when released. Based on the article, many lawmakers are worried that illegal immigrants who are released from prison with these cards may use them to get various forms of identification. Lawmakers voted to restrict driver’s licenses from being given to people without documentation showing that they are in the U.S. legally. Before this, Maryland was one of only four states without any laws prohibiting such action.

Continue reading "Maryland Prisons May Have to Notify Federal Authorities of Possible Immigrants" »

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In examining possible reasons for why crime has showed a decrease in Maryland, a baltimoresun.com article reflects how the Division of Parole and Probation has paid more attention to known violent and sexual offenders. In this regard, “paying more attention” refers to assigning all sex offenders to specially trained agents, placing those offenders under required and strict probationary terms, and then monitoring them via GPS. In fact, every sex offender is placed on GPS monitoring for 90 days, during which time he or she is subject to harsh curfews and restricted movements.

Violent offenders are placed in the Violence Prevention Initiative and, along with sex offenders, are closely marked for violations. Based on the article, as of January 2010 and since the Parole and Probation has been implementing GPS monitoring of sex offenders beginning in February 2009, 231 sex offenders and 1,300 total offenders have been placed on GPS monitoring.

Anyone who has been convicted of a sex crime in Bethesda or who is facing such charges should be aware that many administrators are sponsoring a bill that would require courts to impose lifetime supervision on certain sex offenders. It is their belief that doing this would guarantee that offenders released into the community are properly monitored and more easily subject to incarceration for violations of strict conditions.

Continue reading "Maryland's Increase in Monitoring Violent and Sex Offenders" »

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Posted In: Criminal Defense , Law & Information , Sex Crime

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A Columbia man was recently arrested and charged with wounding a Dunkin’ Donuts clerk in Anne Arundel County. Police reported that on December 12, 2009 a clerk was shot through a drive-through window after refusing to comply with demands for cash from a man who came to the drive-through window armed with a shotgun. The wounded clerk was taken to the Maryland Shock Trauma Center for treatment of serious injuries. The 21-year-old alleged shooter was captured by the police department’s Special Enforcement Team and has been charged with attempted murder.

An attempted murder charge is a form of assault and since the man was carrying a gun, charges may be increased. Penalties could include extended prison time and large fines. Although it is legal to own a gun in the U.S., most citizens are prohibited from carrying one on their person in public. If law enforcement suspects you of carrying a gun, they can legally search you and your vehicle.

Continue reading "Man Accused of Shooting Clerk at Drive-Through Window" »

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Posted In: Assault , Criminal Defense , Weapons Charges

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Testimony from a forensic DNA expert was heard during the trial of a 39-year-old man charged with the murder of a 27-year-old Salisbury man. Two other suspects were previously indicted by a grand jury for the killing after paramedics found the victim unconscious with his ankles and wrists duct taped inside the home of one of the accused. According to prosecutors, drugs and money were the motive behind the killing. A fourth individual who was allegedly involved, was found dead earlier this year from an apparent suicide.

During the December trial, the defense’s forensic DNA expert testified that there was no DNA evidence linking the defendant to the evidence submitted by police for testing. Maryland State Police submitted 21 pieces of evidence; however, swab samples taken from the items, and not the items themselves, were used for testing purposes.

A co-defendant who testified as part of a plea agreement told jurors that he and the other defendants wore gloves during the assault and murder. According to the expert, those who wear gloves are less likely to leave fingerprints and DNA on objects. The co-defendant also indicated that the defendant sodomized the victim with a broom and beat him with the object until it broke then later burned the victim with heated forks. However, DNA on the duct tape and forks did not match the defendant’s DNA.

Continue reading "Forensic Expert Indicates a Lack of DNA Evidence in Homicide Trial" »

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Posted In: Criminal Defense , Homicide , Law & Information

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Drivers with a GPS or Smartphone can now receive instant warnings when approaching DUI checkpoints and speed traps as well as red light and speed cameras. Police fear that this will aid offenders in escaping arrest. Phantom Alert is the company that produces the application which began as a method to help drivers avoid tickets for a small fee.

The checkpoint notification shows up on devices as a martini glass followed by a police car. In Washington D.C, common DUI checkpoints are around popular nightspots. Employees at Phantom Alert are instructed to search police press releases and news reports for new locations. There is also an option for users to report their own findings, which can be helpful to other users since in areas like Montgomery County, Maryland, police sometimes announce checkpoints without specific locations.

Continue reading "New Application Alerts Drivers to DUI Checkpoints" »

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Posted In: Criminal Defense , DUI/DWI , Law & Information

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Two years ago a man died after a police officer shot him twice with a taser outside of his home in Frederick. Although a grand jury ruled that the officer was justified in his actions, Maryland’s Attorney General was prompted to begin a comprehensive review of police use of tasers. The breakthrough findings were recently released.

The report indicated that police officers have an over-reliance on the weapon, despite the fact that they are told in training to treat tasers as if they were guns or other deadly weapons. The report also showed that not all officers should use tasers and that the weapon should not be used against unarmed people fleeing or destroying evidence as the device can cause death or serious injury in certain circumstances.

Continue reading "Report Shows that Police Taser Use Does Not Follow Standards" »

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Two years ago in October, a 21-year-old man was found dead just inside Leakin Park in Baltimore. According to police reports, a motorist who had been driving through the park discovered the body of the man early on the morning of October 10, 2007. The victim's head was covered with duct tape and blood was discovered on his face and head. It was determined that the victim had been shot twice in the head after being abducted the day before. It is unclear what provoked the attack, considering that the victim, who was originally from Ghana, had no criminal record in Maryland.

Two men ages 23 and 30 were arrested on Thursday December 17, 2009 and charged with first degree murder, assault and various handgun charges in the Baltimore murder. They have been ordered to be held without bond. Both suspects charged in this case had prior criminal convictions including burglary and handgun charges. One of the suspects was also found not guilty in 2004 of attempted first-degree murder.

Continue reading "Two Men Arrested for First Degree Murder and Assault in 2007 Crime" »

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Posted In: Assault , Criminal Defense , Homicide

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The state of Maryland has recently been marked with an increase in gun violence, homicides and police involved shootings, especially in Baltimore City. One solution that many are vying for is stricter gun laws and sentencing for gun offenders as well as no credit for good behavior to shorten prison time. The governor supports harsher legislation for gun violence and better prosecution to put offenders in jail for longer periods of time. However, tougher gun laws have failed in the past few years and leaders are planning to push for stricter legislation in the next year.

The second amendment of the constitution gives Americans the right to bear arms. However protection laws can be confusing to legal gun owners. Many people who face firearm charges in Maryland have criminal records; however, there are also many individuals charged who are legal owners of firearms who did not know they were breaking the law. Many prosecutors and leaders in Maryland agree with stricter gun legislation and will continue to push for reform. This means that even small violations can hold a mandatory minimum jail sentence.

Continue reading "Maryland Pushes for Stricter Gun Laws" »

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According to an article from chicagotribune.com, a Virginia doctor has been sentenced to one year and one day in federal prison for allegedly writing tens of thousands of prescriptions for muscle relaxants and other drugs. Apparently, the doctor provided these prescriptions over the Internet and did not meet or examine any of the patients. In addition to the seven counts held against him for introducing misbranded drugs into interstate commerce, the doctor was also charged with four counts of tax evasion. He pleaded guilty to all the charges against him.

The doctor was also sentenced in the city of Boston’s federal court to three years of probation following release from his one-year sentence. Based on the article, prosecutors argued that between 2004 and 2007, the doctor gave out about 50,000 to 100,000 prescriptions based on forms refined for online pharmacies. He was reportedly paid $5 to $7 per prescription and never reported this income to the IRS.

Even though the doctor in this drug crime case pleaded guilty to the charges against him, doing so is not something that applies to every criminal case. A guilty plea may benefit a defendant if it means facing a lowered sentence or being given the opportunity of probation instead of jail time. However, a person being accused of a drug crime in Maryland may want to discuss serious matters such as these with an experienced Maryland drug crime defense attorney.

Continue reading "Doctor Sentenced to 1 Year in Prison for Providing Prescriptions over the Internet" »

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Posted In: Criminal Defense , Drug Charges

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Ocean City police have arrested a 24-year-old Washington D.C. man who was wanted on charges in two Maryland Counties including first-degree assault and armed robbery. According to a mdcoastdispatch.com report, the suspect was taken into police custody after his identity was discovered during a routine traffic stop.

According to the article, when the suspect, Christopher McCray, was pulled over in a traffic stop by the Ocean City Police, he allegedly gave the officers a false name and birth date. However, the officers were later able to determine that the man had two existing warrants for his arrest including failure to appear for a court date in St. Mary's County and for first-degree assault and armed robbery in Prince George's County. In addition, the man now faces charges in Ocean City for driving a vehicle without rear registration illumination, driving without a license, giving a false and fictitious name to police, and other traffic offenses.

Continue reading "Ocean City Traffic Stop Nets Fugitive" »

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According to a recent lohud.com article, a 24-year-old former all-star basketball athlete has been sentenced to one to three years in a state prison for causing a drunken driving accident in New York that killed her friend, Lisa Marie Mornay. Meghan Wood, a 24-year-old former basketball player and leading scorer her senior year at Loyola College in Maryland, was sentenced on November 4, 2009.

The New York State Judge handling the case could have sentenced Wood to five years "shock" probation in which she would serve the first six months in jail but he wanted his sentence to be a deterrent to others who would drive drunk. At her sentencing, Supreme Court Justice Lester Adler chastised Wood saying, “You endangered every single person on the road that morning. I can’t forget that; I can’t put that out of my mind.”

According to the article, Wood would have faced up to fifteen years in prison if she had been convicted at trial. Instead, Wood began serving her sentence at the Westchester County jail in Valhalla on August 3, 2009 after pleading guilty to the full indictment against her, which included a felony charge of vehicular manslaughter and misdemeanor counts of driving while intoxicated. She is now scheduled to be transported to a state prison where she may be eligible for parole in nine months.

Continue reading "Fatal DWI Crash Leads to Sentence of 1-3 Years in State Prison" »

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Posted In: Criminal Defense , DUI/DWI , Vehicular Homicide

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A recent wjz.com report discussed the arrest of twelve people for being alleged participants in a library theft ring in Maryland. According to the article, police discovered the suspects by tracking overdue books, uncollected fines and missing hardbacks worth thousands of dollars on the Internet. It appears to Police that all twelve suspects played a role in the alleged library theft ring. The twelve suspects allegedly checked out expensive library books, failed to return them, and then sold them online or to used book stores. The value of the 822 stolen library books amounted to more than $87,000.

Police stated that the library book thefts began in November 2008 and went undetected for so long due to each library system allowing up to 75 books to be checked out simultaneously. In addition, prosecutors believe that the ring began checking out books in Prince George’s County Library and then made its way to Harford, Baltimore, Baltimore City, and Carroll counties.

Based on the article, even with the twelve suspects behind bars, this is not a closed case and more indictments may be issued. Prosecutors indicted the group for aggregate theft over $500 which may result in each suspect serving a 15-year sentence if convicted.

Continue reading "Maryland Library Theft Ring: 12 Charged with Stealing Books Worth $87K" »

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Posted In: Criminal Defense , Law & Information , Theft/Robbery

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According to a baltimoresun.com article, prostitution charges have been dropped against a man from Patterson Park, Maryland due to insufficient evidence. Apparently, two women accused of being prostitutes refused to testify against the defendant. Since no other witnesses were available, and due to additional information and evidence not being strong enough to stand on its own without witness testimony, the charges were dropped. In relation to this case, the Assistant State’s Attorney stated, “The evidence was insufficient to proceed with the charges.”

In the beginning, the man’s case was introduced to the public as one that was full of insurmountable evidence. Such claims can make the public quickly forget that all people are innocent until proven guilty. This particular situation serves as a reminder that just because a person is arrested for a particular crime, it does not mean that they committed any illegal action.

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Posted In: Criminal Defense , Law & Information , Sex Crime

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After being arrested for speeding on a motorcycle and carrying multiple weapons, an NBA player was indicted recently on additional weapons and traffic charges related to his September arrest. According to an nba.com story, the athlete was riding a motorcycle along the Capital Beltway in Prince George’s County at 10 p.m. while carrying two loaded handguns and a loaded shotgun. A recent addition to the list of concealed weapons being carried by the man included an 8 ½-inch Bowie knife.

The article explains that it is illegal in the State of Maryland to carry concealed weapons and to transport loaded handguns. The misdemeanor charges that this man now faces include:

• Two counts of carrying a dangerous weapon


• Two counts of carrying a handgun


• Two counts of transporting a handgun


• One count reckless driving


• One count negligent driving

Each of the weapon counts carries a penalty of up to three years in prison if the athlete is convicted. When the initial charges were filed, the man was facing only two counts of carrying a handgun and with driving in excess of reasonable and prudent speed.

Continue reading "NBA Player Faces Maryland Concealed Weapons Charges" »

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

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In July 2009, a police chief was caught driving drunk in an unmarked city car after being in a fender-bender in Arlington County, according to a Washington Post article. Speaking publically now for the first time regarding his DUI arrest, the former police chief’s story reveals just how serious and all-encompassing DUI consequences can be.

According to the article, the arrested man was with the Alexandria department for about 20 years and served as chief for the last three. One of the most detrimental consequences of his DUI arrest was having to step down from a job that he loved. He also continues to experience the distress and embarrassment of being a man with a criminal record. But that is not all. Recently, when the former Alexandria police chief was on the phone attempting to get a new life insurance policy, he was told, “There’s nothing I can do for you.”

Difficulty in obtaining life insurance is a commonly unspoken collateral consequence of a DUI arrest, and it doesn’t stop there. As would be the case for others in the ex-chief of police’s situation, his career in government is probably over. It may also be very challenging for him to find employment again since many employers will not hire a person that has a DUI conviction on his or her record.

The article also mentioned that the former chief will not be able to rent a Zipcar for seven years. Other consequences the ex-police chief has had to endure include forfeiting his driver’s license for a year (subjecting him to having a 90-year-old friend drive him around), having to complete 20 hours of alcohol education, and serving a mandatory sentence of five days in jail for having a blood-alcohol level of 0.19 (twice Virginia’s legal limit).

Continue reading "Alexandria Ex-Chief of Police Faces Collateral Consequences of a DUI Arrest" »

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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.

Continue reading "National Pagans Motorcycle Club President is One of 55 Arrested" »

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

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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.

Continue reading "Study Shows that Risk of Being Shot and Killed Increases for those Carrying Guns" »

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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.

Continue reading "Supreme Court Addresses Possible Time Limit to Miranda Rights" »

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Posted In: Criminal Defense , Law & Information , Sex Crime

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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.

Continue reading "Baltimore Rabbi Accused of Additional Sex Offenses" »

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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" »

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A topic of much discussion lately in the state of Maryland relates to problems regulating violent and abusive behavior against employees at the Department of Juvenile Service’s highest-security treatment facility. The Baltimore Sun reported in an article on June 22, 2009 that Maryland Lawmakers plan to have hearings this fall regarding the facility and what improvements need to be made.

Juvenile reform is much needed as multiple reports revealed that the facility is not well prepared to handle its young offenders. In fact, an escape in May that came after a violent assault on employees at the Victor Cullen Center was even cited. A report organized by Maryland’s independent juvenile services monitor concluded that, as the state’s only locked treatment facility for teenage boys convicted of crimes, the center is not rehabilitating some of its most threatening juveniles, therefore not serving its purpose.

It would be a shame if the issue of money is holding lawmakers back from initiating changes to the system, include more intense therapeutic programs in juvenile facilities, more efficient at-home services, and higher quality employee training, considering that all of these factors and probably a few others are in high demand and very necessary to ensure the safety of all who are involved with the facilities.

Continue reading "MD Lawmakers Discuss Juvenile Treatment Facility Reform" »

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After a two-day trial which focused entirely on the testimonies of two state psychiatrists regarding the mental state of a Kent Island woman accused of killing her 3-year-old daughter, a Queen Anne’s County Circuit Court judge ruled that she was legally sane when she murdered her youngest child. The judge considered the statements from the hearing, which circulated around the doctors’ opinions and how they reached those conclusions regarding the defendant’s mental health. Now the woman may be sentenced to life in prison when she is sentenced on September 28, 2009.

The accused pleaded guilty to first-degree murder but claimed to not be “criminally responsible” for the killing due to being so depressed that she could not control her actions or thoughts. Stating that she knew it was wrong to poison her daughter, it was also reported that the woman suffered from a major depressive disorder and previously attempted to kill herself.

In this particular homicide case in Maryland, the jury did not decide if the Kent Island woman suffered from insanity; instead, it was the judge. During the course of the first day of trial, the psychiatrists testified that the accused revealed her plans to kill her daughter to a nurse practitioner at the family doctor’s office. The psychiatrists also said that the defendant was able to control herself in almost every other part of her life.

Continue reading "Mother Pleads Guilty to First-Degree Murder: Judge Decides She Was Legally Sane" »

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It may surprise many Maryland residents that a hallucinogen is in fact legal both in our state and throughout the rest of the U.S. However a statewide ban on the hallucinogen, salvia, is waiting to be passed by the Maryland General Assembly. This ban may not come soon enough for Worcester County. According to a recent report, the County Commissioners introduced a bill to ban salvia in all of Worcester County. Decision on the bill will be made during a public hearing during which it will be decided whether or not emergency legislation should pass. If the bill is passed on September 1, 2009, it will go into effect right away.

The recent efforts to ban salvia are not the first Maryland has seen. A Mid-Shore Maryland State Senator last year sponsored a bill to criminalize salvia that turned out to be unsuccessful at getting the herb on the list of Schedule I drugs, those which are illegal to both possess and sell. The Senator referred to salvia as “one of the most powerful natural grown hallucinogens known to mankind…as powerful as psilocybin mushrooms.”

Others who have been supporting a ban on the hallucinogen would also like to see legislation passed to criminalize salvia; however, enforcement could be a big challenge considering that saliva grows freely unbeknownst to homeowners and in various other locations. Specifically, the debated plant is salvia divinorum, a typically non-flowering variety of sage, which has over 700 species. These sage varieties are popular garden adornments and herbs used for cooking; however salvia divinorum is not sold for ornamental use by garden stores or retail shops.

The proposed bill also prohibits owning or selling paraphernalia for the ingestion, processing, or growing of salvia; however details pertaining to the exact definitions of what that paraphernalia may be are not outlined in the bill.

Continue reading "Worcester County May Ban the Hallucinogen Salvia" »

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According to a recent article, an 87-year-old man from Columbia has been charged with the first homicide in Howard County this year. Commonly associated with being an affluent and safe city, the main centers of Howard County, Columbia and Ellicott City, were named together as 4th in Money Magazine’s “America’s Best Places to Live.” This secure reputation is undoubtedly shaken by the recent assault and homicide incident that took place at an assisted living community in Columbia. The elderly suspect is a resident of the nursing home whom Police believe began striking a fellow resident in the head without having been provoked. Any sort of motive for his actions is unknown at this time.

According to the article, the victim was 91-years-old and his cause of death was reported to be death caused by head trauma. The classification of his death was deemed homicide. Investigators do not think that the suspect and the victim knew each other. The 87-year-old suspect has been charged with second-degree murder, first-degree assault, and second-degree assault. The last homicide in Howard County was in October 2008, with a total of four homicides having taken place in the county that year.

Although it is unknown at this time what prompted the alleged assault, investigators may examine the mental health of the suspect, especially since the attack took place very abruptly and at random.

Continue reading "Howard County Homicide at Assisted Living Community is First of 2009" »

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A woman was recently caught trying to smuggle 2 pounds and 9 ounces of cocaine from Jamaica into Baltimore-Washington International Thurgood Marshall Airport. The 35-year-old District woman split the cocaine into two packages and hid the large amount of drugs in her bra; one of the less invasive ways in which people try to transport drugs, but a common attempt at trickery that customs officials seem to be highly aware of.

According to a Customs and Border Protection port Director for the Port of Baltimore, “Narcotics smugglers will go to great lengths to conceal their dangerous drugs, and this is another unique concealment method…unfortunately for her, it wasn’t so unique that it fooled our highly trained officers even for a second.”

Although it has not been released at this time as to what charges the woman will face, she is likely to be accused of possession of cocaine, drug trafficking, intent to distribute, and even felony drug charges. All of these offenses have the potential to impose drastic changes in a person’s life, with consequences that may include lengthy sentencing with a slim opportunity for parole, fines amounting to thousands of dollars that can land one in debt, and years or even decades of incarceration. Additionally, undocumented individuals may also face deportation if convicted of drug offenses.

Continue reading "Extra Padding a Bust: Woman at BWI Caught with Cocaine in Bra" »

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An article published in the Northern Virginia Daily recently discusses the case of a Winchester man convicted of robbing a Maryland bank with his grandson. The 54-year-old must serve more than 56 years in prison for robbing one bank in 2007 and attempting to rob another lending institution a month later. The official sentence handed down by Judge Catherine C. Blake sentences the man to 56 years and eight months according to information provided in a press release issued by the office of U.S. Attorney Rod J. Rosenstein.

When the sentence was announced in U.S. District Court in Baltimore, the accused made no statement. A federal jury found the man guilty of various firearms violations and armed bank robbery in March 2009 stemming from a robbery that occurred on October 22, 2007. According to the press release, the man robbed the M&T Bank in Hagerstown of $33,888. In the course of committing the robbery and fleeing the scene, the man fired a shotgun at a police vehicle, stole a handgun, and held a mother and daughter hostage at gunpoint for several hours while he eluded law enforcement officials.

According to testimony from the man’s trial, the 56-year-old enlisted his 18-year-old grandson to assist with the robbery. The grandson, who was 17 at the time the robbery took place, wore pantyhose to conceal his identity during the robbery while his grandfather wore a mask. The grandson was charged in connection with his role in the robbery but agreed to cooperate with investigators. Through a plea bargain with his criminal defense attorney and prosecutors, the grandson’s case was kept in juvenile court.

Continue reading "Maryland Bank Robber Sentenced to 56 Plus Years in Prison" »

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A recent article in the Baltimore Sun claims that Maryland Governor Martin O’Malley’s administration may be reluctantly considering the resumption of executions in the state after the governor’s efforts earlier this year failed to convince Maryland’s General Assembly to make capital punishment illegal. Earlier, O’Malley postponed proposed revisions to Maryland’s lethal injection protocols while he attempted to build support for repealing death penalty legislation in Maryland. Since December 2006, Maryland has had a de facto moratorium on capital punishment but some state lawmakers have been working to have it reinstated.

People on both sides of Maryland’s death penalty issue are watching developments very closely. Cindy Boersma, the legislative director for the American Civil Liberties Union which opposes the death penalty, said, "This is the first step toward restarting the machinery of death in Maryland, which is unfortunate. But to the extent this is moving forward, it's moving forward the way it should—with the opportunity for public review and comment."

Death penalty supporters praised the state legislature for moving forward with the resumption of executions in the state. Baltimore County State's Attorney Scott D. Shellenberger said the move "puts the death penalty in Maryland back on track" so that the executions of Maryland’s current five death-row inmates could proceed. "I truly believe in the old adage that justice delayed is justice denied," he said. "All of the inmates on death row have had numerous appeals and there's no question of their guilt."

Continue reading "Could the Death Penalty Be Reinstated in Maryland?" »

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An employee of the Department of Economic Development was arrested for driving under the influence of alcohol recently and faces additional charges of bribery for offering a police officer $5,000 to reduce her DUI charges to “lesser charges.” An article on Gazette.net said that the 51-year-old female employee was stopped by the police around seven in the morning on March 26, 2009, after they had been alerted by reports of an erratic driver near a fast-food restaurant in the 26400 block of Ridge Road in Damascus. She faces charges of:

• DUI in Maryland


• Driving while impaired by alcohol


• Driver failure to yield right of way while crossing a highway


• Violating a driver’s license restriction


• Possessing more than one driver’s license

A spokesperson for Howard County said that the woman was placed on paid leave from her position as a business development specialist immediately after her arrest but would not release any details about the woman’s work record as it is covered by Maryland’s privacy laws. Apparently, the woman was driving a county vehicle at the time of her Maryland DUI arrest even though she was not permitted to drive the county car after business hours. County policy does allow an employee to take a county vehicle home from work if they have county business to attend to early the next morning, but the spokesperson said that the employee had no such business on the morning of her arrest.

Court records indicate that this is not the woman’s first drunk driving arrest. She pleaded guilty on May 7, 2009, to driving under the influence in connection with DUI charges against her from October 2008. She was placed on probation for a year and her driver’s license was suspended for 275 days for the October DUI charges. Court records also indicated that the woman was convicted on DWI charges in 1992, 1995, 1996, and 2005 and convicted for DUI in 1988.

Continue reading "Howard County Employee Faces DUI and Bribery Charges" »

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Law enforcement authorities are looking for three men in connection with an armed robbery that took place on June 20, 2009. An article published in the University of Maryland’s independent daily student newspaper Diamondback Online, claims that three armed men robbed a dry cleaning business on Route 1 as the store was opening for business. According to a University of Maryland crime alert report, three men entered the rear door of the dry cleaner located in the 7200 block of Baltimore Avenue as it opened for business around 6:30 in the morning. The report said that each of the men displayed a handgun during the robbery, allegedly took money from the cash register and personal property from the employees, and then fled in a burgundy Jeep Cherokee with Maryland license plate 545M727.

At the time the article was published, law enforcement officials investigating the robbery had not yet found the Jeep Cherokee and did not know whether or not the Jeep had been stolen for the purpose of committing the robbery. They also did not release how much money had been taken from the dry cleaner’s register or what personal property had been stolen from the store’s employees. The suspects are described as 18-to 25-year-old black men around 5’8” to 5’10” in height wearing dark clothing with medium to dark complexions.

If apprehended, the men face very serious criminal charges and if they are convicted of committing the armed robbery, they could be subject to severe criminal penalties. Under criminal law, the men could receive the following criminal penalties for robbery and weapons charges in Maryland:

• Many years and even decades in prison


• The inability to lawfully own a firearm


• Probation


• Parole


• Steep fines


• The inability to obtain certain types of employment


• A permanent mark on their record that can have a negative impact for the rest of their life


• And other life-changing criminal penalties

Continue reading "Police Looking for Three Armed Men in Dry Cleaner Robbery" »

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A recent article in the Maryland Coast Dispatch discusses the case of an Ocean City man who allegedly posed as a doctor and called in fake prescriptions to local pharmacies for painkillers. The article said that on June 11, 2009, officers with the Ocean City Police Department (OCPD) narcotics unit began a pharmaceutical drug investigation of a man who had allegedly been calling in fake Hydrocodone prescriptions while posing as a doctor from Laurel, Maryland. The article said that the 38-year-old defendant in the Maryland drug crime case is from Ocean City, MD.

Detectives from the OCPD began their investigation of the man after receiving a tip from a pharmacist working for a pharmacy on 120th Street. Police officials said that the pharmacist suspected illegal activity from the way that the prescription drugs were being prescribed and the particular drug that was prescribed. In the course of conducting their investigation, OCPD detectives discovered that the person who the drugs were fraudulently prescribed for had recently been discharged as a patient from a Laurel, Maryland doctor’s office.

Supposedly, the man had been discharged from a doctor’s care due to repeated attempts to call in fraudulent prescriptions by posing as doctor. After allegedly phoning in a fraudulent prescription for Hydrocodone, the man was arrested as he attempted to pick up the prescription from the pharmacy on 120th Street. While police arrested the man, they also found marijuana in his possession. Police then charged him with:

• Obtaining a CDS prescription by fraud


• Obtaining a CDS prescription by impersonation


• Possession of marijuana


• And possession of drug paraphernalia

After his arrest, the man was taken before a District Court Commissioner and transferred to the county jail on a $5,000 bond. Hydrocodone is classified as a Schedule 3 controlled dangerous substance and is a potentially addictive painkiller also known by the brand name Vicodin.

Continue reading "Ocean City Man Posed as Doctor for Fraudulent Prescriptions" »

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Cracking open a cold beer or relaxing with any other alcoholic beverage will be an illegal activity in Maryland state parks beginning this fall. This article which appeared recently on the website HometownAnnapolis.com claims that anyone violating this new Maryland law will face fines beginning on November 1, 2009. According to Maryland Park Service officials, the only place that alcoholic beverages will be allowed will be designated picnic shelters and only when someone has obtained a $35 permit from the park’s manager. If park officials catch someone with an alcoholic beverage anywhere beyond designated areas, they could receive a $55 fine.

Under current Maryland law, visitors to state parks can drink alcohol in motor homes, picnic shelters, campgrounds, and cabins without a permit. Under the new law, motor homes and full-service cabins will be exempt from enforcement of the alcohol ban. This new law represents an expansion of an alcohol ban that has been in place for many years which prohibited people from drinking alcohol on park beaches and grassy areas.

Lt. Col. Chris Bushman—deputy superintendent of the Maryland Park Service—said, "We are trying to create a family-friendly park experience for everybody. We have found over the years that alcohol is involved in a disproportionate number of serious incidences." He claimed that public nuisances such as public urination, disorderly conduct, noise violations, and similar disturbances involve excessive alcohol consumption in the overwhelming majority of cases.

"Once alcohol was introduced in the park environment it crept elsewhere," he said. "People were not restricting themselves to the areas where it was allowed."

In 2008, Maryland’s Natural Resources Police officers issued 413 citations for alcohol-related incidents and 32 Maryland DUI citations to park patrons. The new law brings Maryland in line with alcohol bans in the parks of nearby states. Alcohol has been banned in state parks in New Jersey, Pennsylvania, and Virginia for many years and has been banned in Anne Arundel County parks since 1985.

Continue reading "New Law Will Make Maryland Parks Alcohol-Free This Fall" »

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The National Motorists Association salutes the beginning of the summer driving season with its annual list of the states with the best and worst motor vehicle laws for summer travelers. The news is not good for Maryland, which earned a number three spot on the worst list. Only New Jersey and Ohio have more driving laws and vehicle-related enforcement policies that are more slanted toward filling state coffers.

Some of the behaviors that give Maryland a bad name with summer travelers include policies that have been highly touted by public officials as part of their on-going (and some would argue politically motivated) fight against drunk driving.

Roadside sobriety checkpoints are a common sight during Memorial Day weekend, the Fourth of July and Labor Day weekend. Public officials roll out plans for these sobriety roadblocks with great fanfare. From the officials’ point of view, a sobriety checkpoint represents the easiest way to prove to taxpayers that something is being done about drunk driving in Maryland.

After a weekend sobriety checkpoint finishes stopping and searching Maryland drivers without cause and without a warrant, a roadblock produces a number of arrests. These arrests will be cited as evidence that sobriety checkpoints are effective against DUI. However, the effectiveness of DUI checkpoints has been contested for almost as long as the roadblocks have been in use.

In the landmark Michigan Supreme Court Case decision that briefly ruled the practice of roadblocks unconstitutional in that state, evidence presented before the court lead the justices to conclude that sobriety roadblocks have little to no benefit in combating Maryland DUI. However, the state justices were soon overruled by the highest court in the land.

Continue reading "Maryland Traffic Policies Earn Place on “Worst of” List for Exploiting Drivers" »

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This Washington Post article reports that a man is being held without bond in connection with an alleged murder that occurred in June 2009. Law enforcement officials have charged a 28-year-old man with first-degree murder for allegedly stabbing his wife, a 26-year-old, to death and making up a story about her having been killed in a carjacking. Police say that the woman’s body was found beside a rural Kent County road on Friday, June 5, 2009, and the Kent County medical examiner ruled that her death was a homicide.

The accused husband is a member of the United States Navy assigned to the Patuxent River Naval Air Station when the alleged homicide took place. He told police that he and his wife were on their way back home from Brooklyn, N.Y., when they were carjacked on the New Jersey Turnpike. Law enforcement officials charged him with causing his wife’s death when they found inconsistencies in his account of the carjacking. Maryland State Police found the couple’s car in the District of Columbia and recovered evidence that implicated the accused in the killing of his wife.

If someone is convicted of murder charges and homicide charges in Maryland, they can be punished with some of the most serious criminal penalties under Maryland law. Criminal penalties in Maryland homicide cases include, but are not limited to:

• Years and even decades in prison


• Probation


• Parole


• Steep criminal fines


• The inability to lawfully own a firearm


• Community service


• The inability to obtain certain types of employment


• A permanent mark on their record


• And many other serious criminal penalties and restrictions on their freedoms

Continue reading "Eastern Shore Homicide: Sailor Held without Bond" »

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An article published in North Carolina's Davidson County Dispatch on May 14, 2009 reports that a Maryland man and a South Carolina woman were taken into custody by North Carolina authorities recently on drug trafficking charges. Each is being held in the Davidson County, North Carolina jail on $1 million bonds for allegedly trafficking drugs on Interstate 85. The drug trafficking arrests were made when a Davidson County Sheriff’s Deputy pulled over a Honda Accord with Maryland license plates near mile marker 100 on Interstate 85 for following another vehicle too closely.

A K-9 drug sniffing dog scanned the Accord and alerted the deputy to the presence of drugs. The deputy then conducted a probable cause search of the vehicle. In the process of searching the vehicle, the deputy found 10 pounds of marijuana in the trunk. The woman of Rock Hill, SC was driving the Accord when the arrest was made, and she faces charges of possession of drug paraphernalia, one count of maintaining a vehicle for trafficking marijuana and two counts of trafficking marijuana.

The 23-year-old passenger in the Accord of Mechanicsville, MD faces charges of possession of drug paraphernalia and one count of trafficking marijuana.

Continue reading "Maryland Man and South Carolina Woman Face Drug Trafficking Charges" »

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On May 16, 2009, the Annapolis newspaper, The Capital, published an article about an Annapolis man arrested for his involvement in a rape that occurred on August 26, 2000, in the Murray Hill neighborhood of Annapolis. The State’s Attorney’s Office said that evidence from DNA testing led to the arrest of a 26-year-old man from Annapolis. As law enforcement officials staked out the man’s place of employment to take him into custody, he apparently turned himself in at police headquarters. Charges against him include first-degree rape, first-degree sex offense, first-degree sexual assault, kidnapping, armed robbery, use of a handgun in a crime of violence and related charges not outlined in the article.

If a jury convicts him on all charges, the rape and sex offense convictions could result in life sentences, and the other charges could result in imprisonment for 20 to 30 years each. When the alleged crimes were committed, the accused was under 18 years old and a Maryland sex crime lawyer could appeal to have the case heard in juvenile court. However, under Maryland law, a defendant is automatically charged as an adult if they are older than 16 when the crime allegedly occurred and when they are charged with first-degree rape.

The Maryland sex crime charges allege that the accused approached the victim, who was then 39 years old, as she got out of her car. He allegedly first threatened her with a handgun and robbed around $30. According to local police officials, he then ordered the woman to go to the rear of a nearby home, ordered her to remove her clothes, and then raped her. After the man fled the scene, the woman went to her home, told a family member about the attack and called the police.

The chief investigator in the State’s Attorney’s office said that the DNA evidence connected with the Maryland sexual assault was resubmitted to Maryland State police officials in November 2007 as that agency received grant money to hire a private company to help clear the huge backlog in DNA evidence analysis.

Continue reading "Annapolis Rape: Man Arrested for 2000 Incident" »

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A 16-year-old boy was struck and killed by a sport utility vehicle recently while he attempted to cross Route 50 in West Ocean City. An official from the Maryland State Police said that the teen was struck and killed just west of the Harry W. Kelley Memorial Bridge sometime during the evening on May 16, 2009. The article about the Maryland DUI was recently published in the Baltimore Sun and reports that the teen was with a group of friends when he ran across the westbound lanes of Route 50 and made it to the median when he was hit by a Jeep Wrangler.

He was taken to Atlantic General Hospital where he died from his injuries. Law enforcement officials investigating the Maryland DUI accident say that the Jeep’s driver was a 29-year-old man from Massapequa Park, N.Y. He has been charged with driving under the influence and driving while impaired. The teen has been identified and is from Ocean Pines. The principal of Stephen Decatur High School told investigators that the teen was a sophomore at the school.

The State of Maryland and Washington, D.C. have some of the country’s toughest drunk driving laws. An arrest for Maryland DUI or DWI results in an automatic driver’s license suspension or possible revocation of driving privileges. Maryland drivers may contest a suspension or revocation through Maryland’s Motor Vehicle Administration but in order to retain their driving privileges, they must request a hearing within ten days of their arrest. In addition to the MVA’s suspension and revocation, drivers convicted of their first DUI or DWI offense in Maryland could receive the following criminal penalties:

• Driver’s license suspension for up to 45 days on a DUI conviction and up to 60 days for a DWI


• Up to one year in jail for DUI and up to 60 days for DWI


• Twelve license points for driving under the influence and up to eight points for driving while impaired


• Up to $1,000 in fines for DUI and up to $500 for DWI

Continue reading "Maryland DUI Accident Tragically Kills Teen" »

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On May 4, 2009, Gazette.net reported in a story that Maryland police will be conducting a sobriety checkpoint on Friday, May 8, 2009. The checkpoint is part of a larger multistate operation organized by the National Highway Traffic Safety Administration. Called “Checkpoint Strikeforce,” the operation will last for six months consisting of a series of checkpoints and aggressive enforcement tactics conducted throughout Maryland, Delaware, Pennsylvania, Virginia, West Virginia and Washington, D.C.

Beginning Friday, May 8, at 9:00PM, the sobriety checkpoint will stop drivers and administer the standard battery of field tests—including the breathalyzer test—in an effort to deter motorists from driving while under the influence. The checkpoint will be operational until 3:00 the following morning.

In Maryland, operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 or greater will result in Maryland DUI charges. If found guilty, the penalties for drunk driving include up to a $1,000 fine and up to a year in jail. Maryland also charges those driving with a blood alcohol under 0.08 with a lesser offense, driving while intoxicated (DWI). A DWI charge can result in up to a $500 fine and up to 90 days in jail.

If you have any questions about drunk-driving charges, please contact Maryland's experienced DUI attorneys at Meng & Alpert, LLC. The attorneys of Meng & Alpert, LLC have experience as both prosecuting attorneys and as DUI defenders, so you will receive an informed, professional examination of the facts in a DUI case. Call 866-444-6363 today for a case evaluation.

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A Gazette.net story reports that an officer’s DUI arrest has been found invalid after an in-court review of a videotape which clearly disputed the facts of the arrest. According to the story, on May 3, 2008, Officer Dina Hoffman arrested George Zaliev on a charge of DUI in Maryland, claiming that she had found the man sleeping behind the wheel of his car.

When the case went to court, the arresting officer repeatedly testified that Zaliev was definitely in the front seat of the vehicle at the time of the arrest. However, during the DUI trial, the criminal defense attorney played a video made by a store security camera which clearly showed Zaliev sleeping in the backseat of the car.

Officer Hoffman now faces a perjury investigation in connection with her statements, and the charges against Zaliev have been dropped.

This case illustrates how eager some law enforcement officials can be to level a charge of DUI against Maryland citizens. In this case, we have a person charged with DUI for sleeping in the backseat of a parked vehicle. Thanks to some timely evidence, Mr. Zaliev was able to clear his name of DUI charges.

If you have any questions about the validity of a DUI arrest, please contact the skilled Maryland DUI defense attorneys of Meng & Alpert, LLC at 866-444-6363. As a former DUI prosecutor, attorney Andrew Alpert brings a formidable insight into how DUI cases are conducted and can pinpoint weak or improper elements in the prosecution’s case.

For more information on the validity of DUI arrests and the importance of dash-cams in DUI cases, read attorney Andrew Alpert's article entitled “Maryland DUI Case Demonstrates Need for Dash-Cams in Every Police Cruiser.”

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CNN.com recently published a story on the effect of neighborhood watches on crime. The story cites statistics from the Police Executive Research Forum claiming that almost half of reporting police departments saw an increase in criminal activity that could be related to the economy.

The Heritage Foundation presents an opposing point of view. According to their essay on crime rates in America, criminal activity may not necessarily have any direct link to the state of the economy. Eli Lehrer, the author of the article, claims that making associations between the economy and criminal activity may be a tempting, albeit faulty, way of analyzing crime in the US.

Could the economy be influencing the types of crime seen in Maryland?

Gazette.Net reports in an account that commercial robberies are on the rise in Prince George’s County for 2009. According to the report, although violent crimes in general are down slightly from last year, commercial robberies are increasing in frequency.

This increase comes in spite of Maryland’s punishments for robbery. Committing or attempting to commit robbery in Maryland is a felony, and carries a 15-year maximum sentence upon conviction. If the defendant allegedly uses a weapon or implies that he or she is armed with a weapon in order to commit robbery, the maximum prison sentence is increased.

If the economy is pressuring otherwise honest citizens into criminal activity, then those citizens may be opening themselves up to far greater problems than they have experienced so far. Robbery is a serious felony offense with grave implications for the defendant’s future. Please contact the law offices of Meng & Alpert, LLC if you have any questions about robbery charges. With over three decades of experience as skilled Maryland criminal defense attorneys, the lawyers of Meng & Alpert, LLC have an in-depth knowledge of how robbery, armed robbery and other violent offenses are tried in Maryland. Call 866-444-6363 for a free consultation today.

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Although Michael Phelps is currently facing no criminal or drug charges in relation to the infamous photo of the gold-medal winning swimmer allegedly inhaling from a marijuana water pipe, the repercussions from that photograph are still in effect. This example highlights one of the less pleasant aspects of the court of public opinion. Without a trial, and without a guilty verdict, drug use can have significant financial and emotional costs.

The Baltimore Sun reports in an article that Phelps has been dropped by Kellogg Foods, who had given the swimmer an endorsement deal. USA Swimming, the governing body for competitive swimming in America, has suspended him for three months and deprived him of his financial support during that same period. No drug charges have been filed against the swimmer, yet Phelps’s situation clearly illustrates the potential harm that merely being suspected of drug charges can do to a promising career.

In report, the disappointment and sorrow that Phelps’s mother must be feeling is also mentioned. One aspect of criminal allegations that is often neglected in the press is the intense emotional distress suffered by the friends and family of the accused. Family members often feel guilty or ashamed on behalf of their loved one who is accused of using drugs or is facing charges for a drug offense. They may also face significant prejudice and outright hostility from co-workers, neighbors and other members of the public.

Phelps’s story is a timely reminder that the costs of an incident involving drugs can begin to mount long before a case is brought to trial. If you have any questions about drug cases, please contact the attorneys of Meng & Alpert LLC. Our skilled Maryland narcotics defense lawyers can be reached at 866-444-6363 for a free consultation.

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DelawareOnline reported in an article on March 20, 2009, that Georgetown police had stopped an Ocean City, MD man for allegedly driving under the influence. The routine DUI stop took a different turn when police searched the man and allegedly discovered over 40 packets of heroin in the subject’s pockets.

A further search of the DUI suspect’s vehicle revealed more heroin and drug paraphernalia. The total amount of heroin discovered was approximately 10 grams. Since the drugs were packaged in small discrete quantities, police were able to charge the man with drug trafficking.

Although this incident took place in Delaware, one could extrapolate what would happen if the charges were made in the Maryland court system. Under Maryland’s drug laws, the type of sentencing possible in a drug trafficking case depends on the type of controlled substance involved. Heroin, as a Schedule I narcotic, merits some of the most severe punishments under Maryland law.

If found guilty of trafficking heroin in a Maryland court, a defendant could face up to 20 years in prison and/or up to a $25,000 fine. If the defendant were transporting an amount of heroin into the state of Maryland equal to that seized by the Georgetown police, the defendant could face up to 25 years and/or a $50,000 fine upon conviction.

Meng & Alpert, LLC represents the interests of those charged with drug offenses in Maryland. Sometimes police overstep their boundaries in making a search or otherwise violate your rights. If you have questions regarding criminal charges including drug possession or drug trafficking, please call the skilled Maryland drug charge attorneys of Meng & Alpert, LLC for more information at 866-444-6363.

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According to a FirstCoastNews.com report, former Miss Maryland Tia Shorts has been arrested on drug possession in Maryland and conspiracy charges. The former pageant contestant is being charged with possession of cocaine and marijuana and conspiracy to possess cocaine with intent to distribute.

The charges come on the heels of a series of arrests that took place near the Germantown residence where Shorts lived. In addition to Shorts, three other people were arrested on a variety of drug-related charges, including possession with intent to distribute heroin, marijuana and cocaine and possession of a firearm during a drug trafficking crime.

In Maryland, the punishment meted out for possession of cocaine and marijuana depends on the type and quantity of the illicit substance in the defendant’s possession. In the case of marijuana, possession, distribution or manufacture of 50 pounds or more of marijuana or of 448 grams or more of cocaine is punished by a mandatory five years in prison and up to a $100,000 fine.

Drugs and weapons charges are very serious matters no matter if you are an average citizen or a high profile local celebrity. For over thirty years Meng & Alpert, LLC have represented clients charged with drug and weapons crimes in Maryland. Please contact the skilled Maryland drug crimes attorneys at Meng & Alpert, LLC toll free at 866-444-6363 for more information about drug trafficking and conspiracy charges.

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Gazette.net reports in an article that a Maryland police officer has been arrested on drunken driving charges. The charges stem from a March 28, 2009, incident in which a Montgomery County police corporal crashed a police cruiser into a concrete barrier.

As Montgomery County police investigate the charges, the officer’s arrest powers have been suspended.

A DUI charge in Maryland carries more penalties than prison terms, probation and fines. A social penalty is also levied against those charged with drunken driving. Unfortunately, the social punishment hits someone charged with a DUI before any court date is set and before a sentence is handed down.

A DUI charge begins punishing the defendant almost immediately regardless of his or her innocence or guilt. At work, the defendant may face censure or punishment for merely being charged with a drunken driving offense in Maryland, even though DUI charges can be filed for something as subjective as failing a field administered sobriety test. If officials are “cracking down” on DUI for political reasons, an otherwise responsible driver could be charged with a drunken driving offense for having one-half of a beer with lunch.

DUI offenses can be very damaging to anyone’s career. An aggressive and experienced DUI defense attorney in Maryland can help you maintain your good name in the face of DUI charges. Meng & Alpert, LLC have over three decades of experience representing the interests of those charged with DUI. If you have questions regarding criminal charges including driving under the influence, or driving while intoxicated, please call the skilled Maryland criminal defense attorneys of Meng & Alpert, LLC at 866-444-6363 for more information.

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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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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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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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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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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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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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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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The Baltimore Sun reported in an article on January 11, 2009, that alcohol may have been a factor in a fatal January 10 car accident in Carroll County. According to the Sun, 21-year-old Timothy Mahoney of Sykesville lost control of his vehicle early on the morning of January 10. Mahoney crossed over into the opposite lane of Route 32 and struck a truck driven by Richard Dixon, also of Sykesville.

Mahoney was pronounced dead at the scene and Dixon was treated for injuries at the Maryland Shock Trauma Center. Officers found an opened case of beer in Mahoney’s vehicle.

The Sun also reported that one of the witnesses to the crash, Brian Noyes of Eldersburg, had also been drinking. When deputies administered an alcohol test at the scene, Noyes’s blood alcohol concentration was 0.06, lower than the legal limit for intoxication.

Continue reading "Carroll County Alcohol-Related Collision Yields DWI/DUI Charges" »

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The Baltimore Sun reports 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. 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 homicide 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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As of the beginning of the New Year, mandatory DNA collection will be expanded in Maryland criminal cases, according to an Associated Press story released on wtop.com. Until January 1, 2009, Maryland officials routinely collected DNA samples from convicted felons. The new law dispenses with the conviction requirement and expands the types of crimes that will be subject to DNA collection. Now, Maryland officials will be able to obtain DNA samples from those merely facing violent crime charges or being charged with attempting to commit a violent crime.

The expanded Maryland DNA policy is legally troubling for many reasons. Both the ACLU and the NAACP strongly oppose the new regulations. These organizations highlighted their concerns in a letter to Terri Wilkin, DNA Relations Coordinator with the State Police. In their joint letter, the ACLU and NAACP underline concerns that the new laws will violate Fourth Amendment rights and could be used to discriminate against minorities. Also at issue is the potential for police officers to collect DNA samples at arrest before charging a person with a Maryland violent crime.

The ACLU is also concerned about DNA lab oversight. According to the Associated Press story, the Maryland regulations for laboratory oversight will not come online until late 2010. A December 2008 story from the Baltimore Examiner suggests that this oversight is needed now.

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It is an unfortunate reality of today’s world that teenagers are more often involved in weapons charges. From the Washington Post, we see the story of 17-year-old Patrick S. Yevsukov, who pleaded guilty on January 9, 2009, to charges stemming from the discovery last summer of firearms and explosives at the home of a friend, Collin McKenzie-Gude of Bethesda.

Given the highly-charged political climate calling for increased criminal penalties, teenagers in weapons cases are often charged as adults. In Yevsukov’s case, he was charged as a juvenile and eventually pleaded guilty to two counts of manufacture or possession of an explosive device, along with unauthorized access to a computer and theft.

McKenzie-Gude’s case is still pending. An earlier Post story details the efforts of the defense attorney for McKenzie-Gude, who asked that he be charged as a juvenile since the events associated with the crime took place while he was seventeen.

Continue reading "Teen Weapon Charges" »

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A story in the January 4th issue of the Washington Post reveals the unlikely targets of police surveillance—civil rights groups and peace advocates.

In 2005, the Maryland State Police began a program of surveillance as a “threat assessment of protests,” which the police anticipated at the executions of two convicted criminals. According to the Post article, the Maryland State Police initially treated the surveillance as a “low-risk training exercise.” However, the original purpose of the investigation grew blurred as more organizations were targeted by surveillance efforts.

By the time the surveillance activities were curtailed in 2007, the roster of organizations of interest to the Maryland Police included well-known activist groups such as Amnesty International and the People for the Ethical Treatment of Animals. Local protest groups—such as the Maryland Campaign to End the Death Penalty and anti-war groups at universities and colleges—were also investigated by the police.

Although Maryland Police Superintendant Terrance Sheridan has defended “gathering information from open sources,” an earlier story from the Washington Post shows that the surveillance efforts of the Maryland State Police went beyond simply monitoring organizations. In October 2008, the Chief of Maryland’s State Police admitted that 53 activists had been classified as “terrorists.”

Continue reading "Maryland Police Program of Surveillance is More Like Spying" »

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