Maryland Law Blog

The Supreme Court issued a very interesting ruling on January 23 regarding the use of GPS devices by law enforcement to track criminal suspects. The Los Angeles Times reports that the Supreme Court ruled unanimously that the government needs a search warrant from a judge before it tracks any suspect using high-tech monitoring devices.

The Supreme Court justices did not agree with the U.S. Justice Department’s view that the use of a GPS device was a reasonable means of tracking a motorist on a public highway. This ruling represents a significant complication for law enforcement across the country as they are increasingly reliant on high tech surveillance, such as different types of GPS technology, to track and monitor suspects.

The ruling stems from a case in which the Supreme Court ruled that by secretly installing a GPS device to a vehicle owned by a drug suspect, both the police and the U.S. Federal Bureau of Investigation (FBI) violated the suspect’s Fourth Amendment rights. A GPS device was installed on a nightclub owner’s Jeep in Washington, D.C., which ultimately helped law enforcement link him to a suburban house that was used to stash money and drugs. The court deemed that the secret installation of the GPS device was considered a “search,” and the Fourth Amendment is intended to protect U.S. residents against government searches of private property. Overall, Associate Justice Antonin Scalia concluded that the installation of the device on the vehicle without a warrant was a trespass and therefore is considered to be an illegal search.

It is crucial that any Maryland resident facing drug charges, and thus severe penalties, ensure their constitutional and legal rights are protected throughout their case, from the arrest to the trial. The Waldorf drug crime defense lawyers with Alpert Schreyer, LLC will work diligently to ensure you receive a fair trial and work to get your charges dismissed or penalties reduced. For information on how we can help you with your case, please call (800) 489-1577 for a free and confidential consultation.

In a report from NBCWashington.com, a 33-year-old Maryland resident has been charged in three violent home invasions and two sexual assaults in a Bethesda case in which he allegedly committed a home invasion robbery and sexually assaulted a housekeeper. In addition, he was charged with two other home invasions in Wheaton and Temple Hills.

In the Temple Hills home invasion, the convicted man allegedly tied up six people, including a seven-year-old, and sexually assaulted a woman in the home. According to police, the offender apparently used credit and debit cards that were taken during the home invasions, and a surveillance image of the man using one of the cards led to him being identified, tracked down, and arrested in Kitty Hawk, North Carolina.

The man arrested in connection with these heinous crimes has a criminal record that goes as far back as 17 years. He is also a convicted sex offender who was placed on Maryland’s sex offender registry in 2005 after being convicted of a third-degree sex offense. Additionally, he had previously been charged with manslaughter in 1995 after pleading guilty to the crime. The Montgomery County States Attorney is exploring the possibility of prosecuting the 33-year-old under a repeat offender law that could lead to him being locked up in prison without the possibility of parole.

Anyone convicted of robbery in the state of Maryland will be facing serious penalties, including lengthy prison sentences. When additional charges are added, as is the case in these Maryland home invasion robberies, the punishments can be even more severe and prosecutors will likely seek the maximum penalties for each charge. Any Maryland resident who is facing criminal charges would be well advised to hire a knowledgeable Bethesda criminal defense attorney. At the law firm of Alpert Schreyer, we have years of experience defending those convicted of crimes in the state of Maryland and will work tirelessly to ensure your legal rights are protected. Please call (866) 444-6363 for a free consultation.

Drug transportation is defined as the unlawful transference of any controlled substance or narcotic from one place to another by any means. This transporting of illegal drugs occurs when an individual or group knowingly transfers the unlawful substances to another place, ranging from transporting a small amount in a car to a large amount on an airplane. If there is also the intent to sell the illegal substance or narcotic after it is transported, an intent to distribute charge may also be added, which can result in even harsher penalties.

The punishments for a drug transportation conviction can vary depending on certain factors, such as the type and classification of the drug, the amount, or the geographic location. Any individuals who transport and import drugs from another country will likely face the most severe penalties. A drug transportation charge is a serious offense in the state of Maryland, and consequences of a conviction can include: a lengthy prison sentence; hefty fines; court-ordered drug testing, rehabilitation, or counseling; deportation for non-U.S. citizens; search and seizure of property; probation; and community service.

A drug transportation conviction can, in addition to resulting in severe penalties, have a serious impact on a defendant’s personal and professional future. Any MD resident facing this type of drug-related charge would be well-advised to speak with a knowledgeable Maryland drug transportation attorney. At the law firm of Alpert Schreyer, we have years of experience defending people charged with drug-related crimes and will work tirelessly to ensure your legal rights are protected throughout your case. To see how our legal team can assist you, please call (866) 444-6363 for a free and confidential review of your case.

A resident of Hagerstown was sentence recently in federal court to 10 years in prison for conspiring to distribute illegal drugs in Western Maryland, according to Herald-mail.com. The U.S. Attorney’s Office reports the 26-year-old, who returned to Maryland in 2007 after serving in the military, entered into a conspiracy with others to obtain marijuana and cocaine from a Texas source with plans to sell it in Maryland. Money from the drug sales were deposited into bank accounts in both New Jersey and Maryland, and the money would subsequently be withdrawn in Texas to purchase more drugs.

The Hagerstown man pled guilty to conspiracy to distribute cocaine and marijuana, along with five other individuals who have also entered pleas.

In the context of drug crimes in the state of Maryland, an intent to distribute charge means an individual was in possession of illegal drugs, controlled substances, or narcotics with the intention of selling or distributing them (usually for monetary gain). Maryland law enforcement and the federal government take this crime very seriously, and the U.S. Drug Enforcement Administration (DEA) states this case shows their commitment to take down “drug trafficking organizations anywhere.” Any person convicted of intent to distribute crimes will face severe penalties; even first time offenders may get time in prison and hefty fines.

The experienced Bowie intent to distribute lawyers with the law firm of Alpert Schreyer can help any Maryland resident charged with this crime protect their legal rights throughout their case. We will build an aggressive defense to help get you the best possible outcome and protect your future. To see how our legal team can help you, please call (866) 444-6363 for a free consultation.

The Washington Post reports that a 28-year-old man from Hagerstown, MD faces multiple charges following a weekend crash that left him with minor injuries. Maryland police state that troopers responded to a call about a vehicle collision at Devil’s Backbone County Park around 7:45 p.m. on January 8. Police say the driver crashed a Jaguar into a tree and left the scene. During the investigation of the accident, police had also received information that a Jaguar had been reported stolen. Authorities say they found the suspect walking on U.S. Route 40, and after being treated for his injuries, arrested and charged him with auto theft, negligent driving, driving under the influence of a controlled dangerous substance, as well as other charges.

The common thought is that a Maryland DUI (driving under the influence) or DWI (driving while intoxicated) charge only constitutes the use of alcohol; however, the use of an illegal drug, or combining illegal drugs with alcohol, also falls under these categories. Drugged driving is an increasing problem and public health issue as the concern is that driving under the influence of a drug can impair a person’s reaction time, judgment, and motor skills. In the state of Maryland, a person is guilty of a DUI if he or she is:

1. Driving any vehicle while impaired by any drug so that he or she cannot drive a vehicle safely.
2. Driving a vehicle while impaired by any controlled dangerous substance that a driver is not entitled to have under MD law.

The punishments one may face after being convicted of a DUI can be harsh and may include stiff penalties, license suspension, or even time in jail. The Bethesda DUI defense attorneys with Alpert Schreyer can you help build an aggressive defense and protect your legal rights throughout your case. For a free consultation with our legal team, please call (866) 444-6363.

A suspected serial killer was recently sentenced to 100 years in prison for committing dozens of violent crimes in Maryland’s Prince George County, according to The Washington Examiner. The 28-year-old former UPS worker was convicted in federal court of carjacking, child pornography and weapons charges for his role in more than nine home invasions and 50 burglaries that occurred between 2007 and 2009.

The convicted man was accused of using a UPS database to look up homes he wanted to target, cutting phones lines to disable alarm systems, and then breaking windows to gain access to the residence or entering homes through unlocked doors. During the crimes, described as “increasingly violent,” the 28-year-old took computers, credit cards, phones, and televisions, among other items.

The convicted criminal was also indicted in July 2010 for the murders of a 42-year-old mother and her 20-year-old daughter. The charred bodies of the mother and daughter were found in a burning vehicle in Largo, Maryland in March 2009. That case is scheduled for trial in October, 2012. Prince George County police officials say the man is also suspected in other area killings, but currently has only been charged with the killing of the mother and daughter. Prosecutors state that the offender admitted in interviews to committing roughly 30 home burglaries and nine armed home invasion robberies. The man has been in custody since July 2009 when authorities, searching both his car and bedroom, found more than a dozen stolen guns, ski masks, gloves, ammunition, holsters, and police scanners.

The man in this case faces extremely harsh penalties for multiple charges. He will face additional penalties and jail time if he is convicted in his October murder trial. In the state of Maryland those convicted of the crime of murder face severe punishments including life in prison without the possibility of parole. Prosecutors for the state take this charge very seriously, so anyone charged with murder would be well advised to seek help from a skilled Maryland murder defense attorney to protect your legal rights. The law firm of Alpert Schreyer has years of experience defending those charged with criminal offenses and can apply our knowledge to your case to get the best possible outcome. To see how our legal team can help you, call (866) 444-6363 for a free consultation.

The office of the Maryland Attorney General states that identity theft is one of the fastest growing crimes in the country, affecting an estimated 10 million Americans each year. Maryland residents are unfortunately not immune and are cautioned to try and protect their personal information; in 2005, MD was ranked 11th in the country for identity theft cases.

A common example of identity theft is when an individual uses your personal information to open a credit card account in your name. Identity thieves can obtain a MD resident’s private information a number of ways, including:

• Stealing mail;
• Stealing wallets or purses;
• Sifting through trash or “dumpster diving” for mail or documents with personal information;
• Phishing (sending e-mails posing as a legitimate business asking for information); or
• Overall using of false pretenses to obtain private information (known as pretexting).

The U.S. Department of Justice (DOJ) and law enforcement across the country take the growing crime of identity theft very seriously. Any offender convicted of the crime of identity theft will likely pay a very high price. In Maryland, identity theft charges vary based on the total amount of financial losses incurred during the crime. For a financial loss to the victim of less than $500, the crime is considered a misdemeanor and can carry a maximum 18-month prison sentence or a $5,000 fine (or both). If the financial loss is more than $500, it will be considered a felony crime and the punishments will be more severe. A person convicted may face up to five years in prison or a fine of $25,000, or both. In addition, a convicted identity thief will likely be ordered to pay both legal fees and any costs associated with the victim repairing their credit record.

A convicted identity thief in the state of Maryland will certainly face heavy fines and possibly time in prison, so hiring a skilled Waldorf theft defense lawyer can help a person avoid severe and harsh punishments. At the law firm of Alpert Schreyer, we have a wealth of experience defending MD residents charged with the crime of identity theft and we will work diligently to protect your legal rights. If you are in need of legal counsel, call (800) 489-1577 for a free consultation.

The Baltimore Sun reports that a man was stabbed at a New Year’s Eve party in Odenton after trying to kick out an intoxicated partygoer. The unidentified victim was stabbed in the leg early Sunday morning, at approximately 3:30 a.m., as he attempted to remove the 26-year-old perpetrator from the premises. The victim was taken to Maryland Shock Trauma Center for treatment, and fortunately his injuries did not appear to be life-threatening. The stabber was quickly identified, and subsequently charged and arrested for first- and second-degree assault and reckless endangerment.

Under Maryland criminal law section 3-204, reckless endangerment outlines that a person may not:

• Engage in conduct that creates a substantial risk of death or serious physical injury to another; or
• Discharge a firearm from a motor vehicle in a manner that creates a substantial risk of death or serious physical injury to another.

The penalty for anyone who is convicted of violating this section will be guilty of the MD misdemeanor crime of reckless endangerment and may be subject to imprisonment not exceeding five years or a fine of $5,000, or both.

The state of Maryland takes any assault-related crime very seriously, and any person found guilty may be subject to harsh penalties. The Bethesda assault defense lawyers with the law firm of Alpert Schreyer can help Maryland residents charged with reckless endangerment build an aggressive defense and get the best possible outcome in their case. Our legal team has years of experience defending clients in criminal cases and obtaining successful results. For a free and confidential consultation, call (866) 444-6363.

Baltimore County leaders, including officials from the Baltimore County Police Department and the county health department, warned MD residents that the holidays can bring an increase of domestic violence cases. According to ABC 2, County leaders stated that the increased stress that accompanies the holiday season can serve as a catalyst for domestic violence, citing a particularly heinous 1999 crime to reinforce their point. The two children of an MD woman were shot and killed by her abusive husband in Ocean City, shocking the entire state.

Though the woman’s story is horrifying, it serves as a reminder that violent crimes often happen with people the victim knows and may love or care about. The county health department in Baltimore explains that the increase in domestic violence can be attributed to the “too much syndrome,” meaning that during the holiday season there is too much drinking, eating, arguing, or drugs. Any of these, combined with holiday stress, can be a dangerous combination for victims currently in an abusive relationship. Area domestic violence shelters may also see an increase in domestic violence victims fleeing their unsafe and possibly life-threatening situations at home.

Penalties for domestic violence in the state of Maryland are similar to the crime of assault; if served a protective order or restraining order and there is a failure to comply or a violation of the order, the maximum penalty is 90 days in jail. A second offense will come with a maximum of one year in jail. A failure to comply with a peace order, or a violation of this order, may also give the offender a maximum of 90 days in jail.

Being convicted of the crime of domestic violence in Maryland can bring harsh penalties and a negative stigma that can haunt a person for the rest of his or her life. If you have been charged with the crime of domestic violence, an experienced Bethesda domestic abuse defense attorney with the law firm of Alpert Schreyer can help you obtain the best possible outcome in your case. For a free consultation and review of your case, call (866) 444-6363.

According to an ABC 2 News report, a high school English teacher from Anne Arundel County was recently arrested and is now charged with sexually abusing three of his students. The charging documents indicate that the 29-year-old Glen Burnie High School teacher had inappropriate relationships with three female students. One of the alleged incidents happened with a former student who he met when he was coaching junior varsity basketball; the second occurred with a student who is still attending Glen Burnie, with the encounters happening in his classroom; and the third happened this school year with a 16-year-old girl, with encounters taking place in the teacher’s home, among other places.

According to reports, an assistant coach overheard a suspicious conversation with the third victim in which she discussed the trysts, and he immediately notified the high school’s principal who in turn notified the Department of Social Services. The teacher now faces numerous child sex charges and is being held on 3 million dollars bail. The case is alarming Maryland parents, and the head of the Baltimore Child Abuse Center urges parents to keep a close eye on their children, and if they are spending an inordinate amount of time with one adult, it could be a cause for concern.

The consequences of the crime of sex with a minor can include anything from imprisonment, heavy fines, mandatory sex offender registration, or probation. The state of Maryland has four categories of persons convicted of sexual offenses:

• An offender;
• A child sexual offender;
• A sexually violent offender; and
• A sexually violent predator.

If convicted, the suspect in this case would likely be a child sexual offender, which includes the crime of sexual abuse of a minor.

A sex crime accusation can be extremely damaging to a person’s reputation, especially as an educator. A strong legal defense can prove key in getting an optimal outcome in the case. The skilled Bethesda sex crime defense lawyers with Alpert Schreyer have years of experience defending those convicted of sex crimes and can help you get the best possible results in your case. For a free consultation, please call (866) 444-6363.

Drug cultivation and drug manufacturing laws make it illegal to produce, grow, and possess certain plants, or other naturally occurring elements, that are used in the production of illegal controlled substances, such as marijuana plants or cannabis seeds. In addition, drug cultivation and manufacturing laws make it a crime to produce illegal controlled substances, such as cocaine, LSD, or ecstasy, all of which require the use of certain chemicals and lab equipment in their production. Federal and state drug cultivation laws vary according to drug type and the amount produced.

In the state of Maryland, it is illegal for non-medical and recreational users of marijuana to use, sell, cultivate, or possess this drug. Law enforcement in Maryland takes this offense very seriously, and between the years of 1995 and 2002, there were over 136,800 arrests for the possession, use, sale, or cultivation of marijuana. The sale or cultivation of marijuana, regardless of the amount, is considered a felony; if convicted, less than 50 pounds can get a person up to five years in prison and/or a $15,000 fine. For the cultivation or sale of marijuana that is more than 50 pounds, the mandatory minimum prison sentence is five years, and may include a fine up to $100,000.

If you are a MD resident facing marijuana cultivation charges, the drug cultivation defense attorneys in Waldorf with Alpert Schreyer can help you build an aggressive defense. The state may sometimes use alternative sentencing, such as rehabilitation, to punish offenders, so a skilled drug defense lawyer can help obtain the best possible outcome in your case. For a free consultation, please call (800) 489-1577.

Drug possession charges may possibly be one of the most frequently seen charges in Maryland Courts. The state laws regarding drug charges such as drug possession are well defined and the penalties for those convicted of possession can be quite severe. Under Maryland law, the legal term “possession” means having control over something. Therefore, if you have control over the drug, then you are in possession of it by having it anywhere from in your lap to under your car seat.

If an individual is found with any drug besides marijuana it will be considered a felony charge and, anyone convicted of felony drug possession may face years or even decades in prison and fines that may reach $25,000. As a general rule maximum sentences are usually reserved for those convicted of possessing drugs such as ecstasy, heroin, cocaine, and LSD while an offender who is found to be in possession of marijuana faces misdemeanor charge and penalties, and may receive up to 1 year in jail.

Even though the court, will often take into account many factors when deciding the sentence for a defendant convicted of drug possession in Maryland, the penalties can be quite severe, and the charge can certainly have a negative impact on one’s reputation and future, both personally and professionally. The narcotics defense lawyers in Maryland with the law firm of Alpert Schreyer, LLC can help defend MD residents who are facing drug possession charges. Our experienced legal team will fight for your rights in court and be your advocate throughout your legal battle. For a free and confidential consultation, please call (866) 444-6363.