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…
Maryland Criminal Attorney Blog
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…
What are the elements of theft in Maryland
Theft is one of the most common crimes, if not the most common, charged in Maryland and tried by Maryland Criminal Attorneys. Excluding complicated fraud and white collar thefts, most of these cases are run of the mill in terms of the facts, the law and the outcome and rarely…
Do I need to Register When Moving to Maryland?
Many people with certain “old” convictions in other states often ask if he/she has a legal requirement to register in Maryland under the current sexual offender registration laws. As former prosecutors and current defense attorneys, we are very familiar with the issue. Often times persons who were required to register…
Is Trademark Counterfeiting a Felony Under Maryland Law
Trademark Counterfeiting is usually seen by Maryland Criminal Attorneys in Baltimore and throughout the State in the form of counterfeited movies and compact discs. Many people are surprised to hear that it is not only a serious criminal offense but can even be a felony depending upon the total retail…
What is “constructive possession” of a handgun or a controlled dangerous substance?
Maryland Criminal Attorney What exactly does it mean to be in “constructive possession” of contraband such as drugs or illegal weapons in Maryland? I was faced with this fairly common legal issue in a case in the District Court for Baltimore County in Catonsville this week. The facts of the…
Can a police officer pull a vehicle over for having an inoperative center brake light in Maryland?
Maryland Criminal Attorney I had this issue in a case in the District Court in Baltimore City today. (The case was ultimately postponed so I will have to update the blog regarding the disposition of case). The facts of the case are that a police officer was travelling behind my…
Be Aggressive in Booker Re-sentencings!!!
I recently won a significant victory for a federal criminal client in United States District Court for the District of Maryland in a re-sentencing under Booker. https://www.silvermanthompson.com/lawyer-attorney-1301200.html In the Booker case, the Supreme Court of the United States ruled that the federal sentencing guidelines that apply to all criminal cases…
STSW Client Instructions for DUI/DWI Cases
As a service to our clients, we are posting the following standard instructions for Maryland DUI/ DWI cases. 1. Contact alcohol counselor to set up evaluation and treatment. (List of Counselors enclosed). 2. Sign authorization for release of information with counselor and instruct counselor to send copies of evaluation and…