Maryland Law Blog

A 41-year-old homeless man was struck and killed by a train in Ellicott City, Maryland on February 4, 2010. Based on a news article from explorehoward.com, Howard County Police were called to the scene after the train engineer reported striking someone laying on the tracks. According to reports, the engineer saw the unknown object on the tracks, but was unable to stop the train in time to avoid collision. The train accident in Ellicott City occurred about a half-mile from the end of Maryland Ave. The man was declared dead at the scene when police arrived.

Police do not suspect foul play in this train collision. Detectives found alcohol in the man’s backpack, and reported an odor of alcohol on him. The man may have been sleeping or passed out on the tracks when he was struck. However the accident is still under investigation.

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Posted In: Personal Injury , Train Accident , Wrongful Death

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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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According to a recent news article, on December 13, 2009 a 21-year-old man woke up seriously injured on the train tracks dividing Anne Arundel and Howard Counties in Maryland. The man was dehydrated with a pounding headache, had torn pants, was wearing one shoe and his legs were throbbing in pain. The last thing he remembered was doing the “Cha Cha Slide” at his company’s Christmas party and claims that he has no idea how he ended up on the train tracks.

Unable to walk, the man reportedly dragged himself along the rail-bed for several hours before crawling down the embankment to Dorsey Rd. before sunrise. Upon finding a passerby, he explained that he was struck by a train, and was eventually taken to Baltimore Washington Medical Center before being transferred to the Maryland Shock Trauma Center.

Reports indicate that the man and his family live near Ohio Avenue which runs parallel to the railroad tracks used by CSX, Amtrak and MARC trains, and that the area has no fence or railing to prevent someone from walking onto the tracks. Howard County police walked the tracks looking for clues, but only found the man’s missing shoe about 50 feet south of the train station.

Continue reading "Hanover Man Possibly Struck by Train Undergoes Multiple Surgeries" »

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Posted In: Personal Injury , Train Accident

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Based on an article from wboc.com, a proposed bill would require residents of Maryland who are convicted of three or more DUIs to have a special yellow license plate that reads “DUI.” The Prince George’s County lawmaker backing the bill feels that drivers should be aware of repeat Maryland DUI offenders on the road.

The bill would also mandate the plates for five years following the third DUI conviction. Maryland officials indicated that there are 2,029 drivers in the state who would be required to have the plates should the bill pass. Officials from AAA mid-Atlantic told members of the House Judiciary Committee that other states have recently been adopting similar measures.

Similar bills have been proposed in the past, but have failed to win approval. Many still feel that this bill could have embarrassing and excessive repercussions for those convicted of multiple DUIs. The new bill could also make it difficult for those with the DUI license plate to find employment and could lead to unnecessary social alienation.

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Posted In: DUI/DWI , 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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A recent examiner.com article reported that two veteran workers on the Washington area’s transit system were killed in Rockville, MD on January 26, 2010 after being crushed by a maintenance truck. Apparently, the automatic train technicians, ages 49 and 68, were installing new train control safety equipment in the track bed when a high rail truck struck them. The track was supposed to have been closed for the evening. However, the special vehicle that hit the two men is capable of operating on the track even when electricity is off, thus explaining its presence during the maintenance work.

With this latest fatal Metro incident, the public is reminded of how deadly a work environment Metro has been for U.S. transit rail workers over the past five years. A National Transportation Safety Board investigator said that the rail truck in this incident was in reverse, which is not uncommon. The Chairman of the Metro board of directors stated that this tragic accident was the direct result of human error.

Based on the story, the Federal Transit Administration has determined that 8 of 13 deceased rail transit workers have been killed in and around Washington-area system tracks since 2005. These numbers do not include the death of a train driver and eight passengers in a collision last June, which is considered the worst accident in Metro’s 33-year history.

Continue reading "Maryland Train Track Incident Kills 2 Workers" »

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Posted In: Law & Information , Personal Injury , Train Accident , Wrongful Death

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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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Posted In: Criminal Defense , Law & Information

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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.

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

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A 34 year old woman from Pennsylvania was killed in a two-car crash when the driver of the pick-up truck she was riding in lost control of the vehicle on an icy part of Old York Road in White Hall and crashed into another vehicle. According to the Baltimore Sun, a 41 year old man was driving his 2006 Ford pick-up truck on Old York Road when he crossed a double yellow line to pass a 2005 Chevrolet pick-up truck, skidded on the icy pavement and crashed into the other truck. The woman, reportedly from Stewartstown, was killed as a result of the collision. The driver of the Ford truck was ejected from his vehicle and transported by ambulance to Maryland Shock Trauma Center in Baltimore where he was listed in critical condition. The driver of the Chevrolet pickup was uninjured.

Driving in wintertime can be more dangerous, as rain, snow and ice affect a vehicle’s traction on the road. If road conditions are very icy, tire chains for your front wheels can be used to aid in traction. Rain puddles and flooding can cause vehicles to lose grip and hydroplane, which can cause a vehicle to spin out of control.

Continue reading "Woman Killed in a Two-Car Crash" »

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Posted In: Auto Accidents , Personal Injury

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