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…
Maryland Criminal Attorney Blog
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…
Maryland Drunk Driving Offenses: The Difference Between DUI and DWI
Maryland drunk driving offenses are charged as either DUI, DWI or both. -DUI: Under Maryland law, driving under the influence (DUI) can be proven by a test result of .08% alcohol or more or by evidence showing that the driver’s normal coordination has been substantially impaired as a result of…
Can the police stop a person based on an anonymous tip in Maryland?
The answer to the question is no. In fact the answer is that the police may not stop a person based on an anonymous tip in any state in the country because the law on this issue comes from a Supreme Court of the United States decision, as opposed to…
In Maryland, can a 16 or 17 year old be charged as an adult for the crime of robbery
The answer to the question is yes, in Maryland a 16 or 17 year old can be charged as an adult. In fact if the if it is alleged that the juvenile committed the robbery with a dangerous and deadly weapon, original jurisdiction lies with the adult system in the…
Probation Before Judgement – a Positive Updating of the Statute
The Probation Before Judgement Statute, Criminal Procedure 6-220, was updated several years ago to allow a person to be sentenced to a period of incarceration as a condition of the Probation Before Judgement. Why you ask, would a Maryland Criminal Defense Attorney think that amending a statute to allow for…
Maryland DUI Defendants Should Seek Treatment Prior to Court
Lawyers wear many hats including advocate, counselor and legal strategist. Often times, the many roles of a lawyer conflict with one another. Not so when it comes to advising DUI defendants to seek an alcohol evaluation and/or treatment. Not only does such a referral help the client on a personal…
BEWARE THE FEDERAL SAFETY VALVE
Many federal criminal defense attorneys are not aware of the pitfalls of the federal safety valve provisions. Persons charged with federal drug crimes need to retain an experienced criminal attorney familiar with all aspects of federal criminal law. An inexperienced or unknowing lawyer can expose a client to catastrophic risks.…
History of Maryland Sex Offender Registry Laws
In 1994 New Jersey became one of the first states to implement sex offender registry and notification laws. New Jersey enacted what became known as “Megan’s Law,” or the Sex Offender Registration Act, in response to a brutal sexual assault and murder of seven-year-old Megan Kanka by a convicted sex…
Obtaining Social Service Records in Child Abuse Cases
Many Marylanders are often wrongly accused of child abuse. Police and prosecutors are often too quick to rush to judgment and fail to do a complete investigation. In several cases, I have been able to exonerate innocent defendants by obtaining the Social Service records of the alleged child-victim. These sealed…
Discussion of the Use of Extrinsic Evidence to Impeach a Confidential Informant in a Federal Criminal Case
In federal criminal cases, defense attorneys may use extrinsic evidence to show a witness’ bias, but you may not use is to impeach by showing a specific instance of conduct. FRE 608(b) states: Evidence of Character and Conduct of Witness (b) Specific instances of conduct. Specific instances of the conduct…