Maryland’s Juvenile Courts handle cases involving most minors-youths who are under age 18. The court has jurisdiction even if the youth turns 18 before the case is adjudicated, and jurisdiction continues until the age of 21. In some instances, cases can start in adult criminal court and wind up in…
Maryland Criminal Attorney Blog
Is Legal for to Conduct a Strip Search After Arrest on Traffic Charges?
Maryland Criminal Attorney Brian Thompson successfully defends client charged with Possession with Intent to Distribute Cocaine. The issue in this case was whether or not the police can conduct a strip search on a person who is arrested for a traffic violation. In Maryland, the police have the discretion to…
Are the Maryland MTA Police Engaging in Illegal Racial Profiling?
The answer to the question, at least according to this Maryland Criminal Attorney, is, I don’t know yet but what I have seen over the past few weeks has sure made me suspicious. Racial Profiling Cases, also known as “Driving While Black” cases occur when police officers stop citizens based…
Do NOT be Afraid of the Federal Sentencing Guidelines!!!
The United States Federal Sentencing Guidelines are not mandatory on sentencing courts. The Guidelines are also not presumed to be reasonable. That was the very clear and very recent message sent by the United States Supreme Court in Nelson v. United States, 129 S.Ct. 890 (2009). In so ruling ,…
New Drunk Driving Laws Proposed In Maryland
A number of bills intended to curb drunk driving are being proposed today to a Maryland Senate Committee. Backed by Governor O’Malley, police, prosecutors and highway safety advocates, a number of these bills-if passed-will change the landscape of drunk driving prosecutions in Maryland. The most significant bill is one that…
Suppressing an Eyewitness Identification
One of the most difficult areas of the law facing criminal trial lawyers is handling eyewitness identifications, both in and out of the courtroom. There is no doubt that eyewitness identifications are often one of the most powerful pieces of evidence against a criminal defendant. They are also extremely unreliable,…
Michael Phelps Bong Photo Leads to Eight Arrests
According to a Fox News report, eight people have been arrested today in South Carolina in connection with the Michael Phelps bong photo. It is being reported that seven of the people are being charged with possession of marijuana and one for dealing. One of the arrests includes a suspect…
Third Time DUI/DWI Offender Successfully Defended utilizing “shelter” Defense in Baltimore County District Court
In Maryland, DUI/DWI Attorneys are often confronted with cases in which a client was found not to be driving while impaired or under the influence, but instead was found to be sleeping in his or her vehicle while under the influence of alcohol. This situation implicates the so called “shelter…
Discussion of Breathalyzer machines in Maryland DUI Cases
Breathalyzer machines, commonly used by Maryland police, detect and measure the alcohol present in air that is breathed out. During the consuption of alcohol, the alcohol crosses from the intestine into the bloodstream. When the blood circulating around the body gets to the lungs, some of the alcohol in the…
Standard for Strip Searches Incident to Arrests in Maryland
I recently filed a multi-million dollar case against the Baltimore City Police Department involving an illegal and unwarranted body cavity search. Having received many inquiries since than on the law in this area, I will explain the nuts and bolts of the legality of strip searches in Maryland. The key…
Is Life Without Parole Sentence for 13 Year Old Cruel and Unusual Punishment?
Maryland Criminal Attorney – Does a sentence of life without the possibility of parole for a 13 year old constitute cruel and unusual punishment and therefore violate the 8th Amendment to the Constitution? That is exactly the question that the United State’s Supreme Court may consider in a 20 year…
Can the State prosecute a domestic violence assault case without the victim in Maryland
Any experienced criminal attorney in Maryland will tell you that the answer to this question is yes, at least in cases where the State has evidence other than the testimony of the alleged victim. In fact, in a non-domestic violence assault case that was recently decided by the Court of…
Fourth Time DUI/DWI Offender Successfully Defended
Maryland DUI Attorney. I had a somewhat interesting DUI/DWI case with a client who was repeat offender yesterday in the District Court for Baltimore County. My client, who is from West Virginia, was charged with DUI and DWI. The facts of the case were that he was travelling Westbound on…
Driving While Suspended- What to do Prior to your Court Date
Driving on a Suspended License is one of the most common charges that causes people to appear in the District Court in Maryland. I appear as a criminal defense attorney almost on a daily bases in these cases. Many first offenders are surprised to find out that a person can…
How widespread is police brutality or excessive force
Rarely does a day go by during which I don’t have one of my clients or potential clients complain of police brutality or excessive force by the police. In fact, the opposite is almost true. That is it is rare these days when clients tell me that the police effected…