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Maryland Criminal Attorney Blog

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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