Maryland Law Blog

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.

Continue reading "New Bill Proposes DUI Plates for Repeat Offenders" »

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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.

Continue reading "Prosecutors Bid to Increase Penalties for PCP Drug Possession" »

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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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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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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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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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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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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.

Continue reading "Insufficient Evidence Leads to Dismissal of Prostitution Charges" »

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

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

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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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Posted In: Assault , Criminal Defense , Law & Information

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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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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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Posted In: Criminal Defense , Homicide , Law & Information

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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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Posted In: Criminal Defense , Homicide , Law & Information

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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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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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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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According to a report, Natasha Richardson, 45, was laid to rest at St. Peter’s Episcopal Church in Lithgow, New York on March 22, 2009. Ms. Richardson’s unexpected death resulted from a fall during a beginner skiing lesson. After suffering an epidural hematoma- an accumulation of blood between the brain and skull- the Tony Award-winning actress was taken off life support, a painful decision made by her family. Ms. Richardson was married to actor Liam Neeson and she leaves two children, Micheal, 13, and Daniel, 12.

Given that Natasha Richardson’s family barely had any time to prepare for her death, the emotional pain and loss of such a close family member makes it almost impossible to even think about a will or estate plan; as it is for families throughout the U.S. enduring the abrupt death of a loved one. Not enough of us arrange preparations for our children and our spouse should something catastrophic happen. It is in everyone’s best interest to have an updated estate plan and will to prevent the possibility of lengthy and unnerving legal battles between family members.

In the state of Maryland, if you pass away without a will or estate plan, the state will determine what to do with your property and assets. This can be handled in one of the following ways:

• If you do not have a spouse or children, your parents will receive your assets if they are alive; and if your parents are deceased, then everything goes to your siblings

• If you are married and do not have children, everything goes to your spouse

• If you are married and have children, 50% goes to your spouse and 50% goes to your children

If you have lost a loved one and are concerned about how assets are being taken care of, either by family members or the state, contact George Meng at Meng & Alpert LLC. George Meng has 35 years of experience in estate litigation in Maryland handling complex trust, estate, and real property cases regarding improper handling of estate or trust funds, property, and disputes relating to distributions from estates and trusts. Call 301-627-1600 for a free consultation with Mr. Meng. For more information on estate plans and wills, as well as Natasha Richardson's story, please read "The Importance of Wills & Estate Planning: Natasha Richardson Case Study."

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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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An article in USA Today reported the launching of a new website by the National Institute on Alcohol Abuse and Alcoholism (NIAAA) called “Rethinking Drinking.” The site aims at helping those who enjoy drinking alcoholic beverages on a regular basis to determine what kind of drinker they are and whether they are at risk for developing a drinking problem.

The article interviewed a group of women hanging out at a bar after work. Natalie Penoyar, 25, said, “The older you get, the more you think about your actions and your mortality.”

Her attitude is one that the director of the Division of Treatment and Recovery Research at the NIAAA, Mark Willenbring, agrees on.

“Most young adults who socialize at bars and parties don’t give much thought to their drinking habits…if they did, it’s likely that fewer people would develop problems with alcohol abuse later in life,” Willenbring said.

“Rethinking Drinking” is all about risk reduction and awareness of alcohol consumption for individuals between ages 18 and 30, who are primarily the heaviest drinkers in our society. It is also a good resource to help demonstrate the perils of alcohol abuse, which too often leads to people driving under the influence in Maryland.

Continue reading "“Rethinking Drinking” is a Resourceful New Website " »

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The Baltimore Examiner reports that the number of teen auto accidents in Maryland is declining.

Citing data from the State Highway Administration, the Examiner notes that from 2003 to 2007 the total number of fatal car crashes caused by drivers between the ages of 16-20 has decreased by 41. This decrease is a 66 percent decline in the total number of fatal crashes in which a teen driver was at fault.

The good news carries over to injury crashes caused by teenagers. State traffic statistics for the four-year period show a decline in injury accidents of over 50 percent. State officials point to the state’s driver’s license program, which allows young drivers to gradually get more experience behind the wheel. This results in more confident drivers able to handle the sometimes rapidly changing conditions behind the wheel.

In spite of this positive news, teen drivers remain some of the riskiest motor vehicle operators on the highways. A recent fatal car crash involving a Westminster teen illustrates this fact. The Baltimore Sun reports a story of 17-year-old Nicholas Byron, who died early in the morning of January 11, 2009, when he lost control of his SUV and collided with a telephone pole. Police investigators point to several causative factors in the crash—icy roads and excessive speed for the conditions.

Continue reading "Maryland Fatal Auto Accidents Involving Teen Drivers Decreasing" »

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Posted In: Auto Accidents , Law & Information

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The Baltimore Examiner reports that the number of auto accidents in Maryland caused by teen drivers is declining.

Citing data from the State Highway Administration, the Examiner notes that from 2003 to 2007 the total number of fatal car crashes caused by drivers between the ages of 16-20 has decreased by 41. This decrease is a 66 percent decline in the total number of fatal crashes in which a teen driver was at fault.

The good news carries over to injury crashes caused by teenagers. State traffic statistics for the four-year period show a decline in injury accidents of over 50 percent. State officials point to the state’s driver’s license program, which allows young drivers to gradually get more experience behind the wheel. This results in more confident drivers able to handle the sometimes rapidly changing conditions behind the wheel.

In spite of this positive news, teen drivers remain some of the riskiest motor vehicle operators on the highways. A recent fatal car crash involving a Westminster teen illustrates this fact. The Baltimore Sun reports that 17-year-old Nicholas Byron died early in the morning of January 11, 2009, when he lost control of his SUV and collided with a telephone pole. Police investigators point to several causative factors in the crash—icy roads and excessive speed for the conditions.

Continue reading "Maryland Fatal Auto Accidents Involving Teen Drivers Decreasing" »

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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.

Continue reading "Maryland DNA Testing Expanded" »

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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 recent story from the Washington Post illustrates the need for persons charged with crimes to get good legal counsel and work within the system.

On January 11, 2009, the Post reported that Nathan Devine, a Manassas Park resident charged with reckless driving, decided to change his court date so he could raise money for fines. Unfortunately, instead of working within the legal system with the help of his attorney, Devine chose a more direct method.

He called up Maria Merlos, a friend who worked in the Prince William County District Court offices, and asked her to change the court date for him. When the ruse was discovered, Merlos and Devine were each charged with forging public records, and Merlos was also charged with conspiracy to forge public records. All of these offenses are felonies and are far more serious crimes than reckless driving.

Continue reading "From Reckless Driving to Forging Public Records" »

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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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The publishers of Law & Politics and Baltimore Magazine have named Maryland attorney Andrew D. Alpert among Maryland’s Super Lawyers® for 2009, an honor recognizing only five percent of lawyers in a given state or region.

A partner in the law firm of Meng & Alpert, LLC located in the Washington DC suburb of Upper Marlboro, Maryland, Alpert concentrates his practice in the areas of DUI/DWI, Criminal Defense and Personal Injury. He was selected as a Maryland Super Lawyer® through a rigorous, multi-phased selection process that included a statewide search, peer recognition and nomination, credentials review and professional achievement. Final selection was based on a points system and peer evaluation by practice area.

“I am truly honored to be recognized by my peers and awarded the ‘Super Lawyer®’ designation in Maryland. Through creativity, artful legal argument, training and knowledge of science, police conduct and procedure, I have achieved superior results for clients. I work hard for my clients, and it shows!” says Alpert.

Continue reading "Andrew D. Alpert Named to Maryland Super Lawyers® 2009 " »

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In an interesting story about the seemingly ever rising cost of auto insurance in the state of Maryland, the Baltimoresun.com reports that Maryland Insurance Commissioner Ralph S. Tyler has ordered nine premium finance companies to stop charging unlawfully high finance charges to drivers who are insured by the Maryland Automobile Insurance Fund (MAIF). The order follows a yearlong investigation by regulators into the activities of the finance companies, which have been criticized by state lawmakers seeking to lower costs for consumers.

The Maryland Automobile Insurance Fund was created by the Maryland State Legislature for the purpose of providing automobile liability insurance for those residents of the State of Maryland who are unable to obtain it elsewhere in the private insurance market.

Many MAIF policyholders rely on premium finance companies because state law requires that the total annual premium for any MAIF policy be paid upfront, at an average cost of $1,700.00. For many drivers, pre-payment of their annual policy is simply not feasible and using a financing company is their only option.

In addition to ordering a stop to excessive finance charges, two of the companies must refund interest charged on policies that were never issued, due to refusal of coverage by MAIF or withdrawal of the policy by the consumer. It has been estimated that this order is expected to save consumers approximately $100.00 per year per policy used.

For more information about this subject please contact Meng & Alpert, LLC toll free at 866-444-6363.

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