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…
Maryland Criminal Attorney Blog
Bail in Maryland Criminal Cases
As a Maryland Criminal Attorney I am often required to deal with issues involving bail. In fact I spoke with a women first thing this morning whose daughter was locked up on a $25,000 bail and charged with Armed Robbery and Assault. The poor women was completely without a clue…
Maryland Criminal Attorney on Acting as a Home Improvement Contractor Without a License or Failing to Perform a Home Improvement Contract
Maryland Criminal Attorney– Baltimore Criminal Lawyer I represented a defendant this afternoon in Prince Georges County District Court who was charged both with acting as a home improvement contractor without a license and failure to perform a home improvement contract which usually means failure to complete the contract to the…
Possession of Handguns and Other Weapons by Convicted Narcotics Felons
Maryland Criminal Attorney – Baltimore Criminal Attorney Most people are aware that in Maryland a person who has been convicted of a violent crime or a felony may not possess handguns. People seem to be less aware of restrictions involving other weapons such as rifles, shotguns, assault weapons and antique…
Towson University Student Charged With Possession With Intent to Distribute Marijuana
Maryland Criminal Attorney – Baltimore Criminal Attorney I was hired today to represent a freshman at Towson University who got charged with possession with the intent to distribute marijuana. It is a typical case of being in the wrong place at the wrong time as well as a clear case…
Overcharging in Baltimore County Narcotics Case – A Common Practice
Maryland Criminal Attorney – Baltimore Criminal Attorney I represented a client today on a possession with intent to distribute a controlled dangerous substance case today in the Circuit Court for Baltimore County. In this case the particular substance was amphetamines and the case presents a good example of how many…
Online Prescribing of Controlled Substances
Our firm has represented both doctors and and Web sites who are under investigation or have been charged with prescribing controlled substances via the Web. The growing number of Web sites that offer consumers the opportunity to obtain prescription medications pursuant to an online medical consultation have been attracting considerable…
Judges’ Hands No Longer Tied in Federal Sentencing
When the federal Sentencing Guidelines were first implemented in the late 1980’s, federal judges quickly became frustrated with a new system that virtually tied their hands in terms of deciding an appropriate criminal sentence. Prior to the Guidelines, federal judges had wide discretion in imposing sentences on those who pled…
Withdrawal of Refusal to Consent to Breathalyzer in Maryland DUI/DWI case
Maryland DUI/DWI Lawyer/Attorney Can a person initially refuse to consent to a breathalyzer and then, upon further reflection, withdraw that refusal? And does that withdrawal of the refusal then constitute valid consent? The answer is a qualified yes. According to 16-205.1 of the Maryland Traffic code a person may withdraw…
Downward Departure Framework in Federal Criminal Cases
In establishing a process by which a sentencing judge may depart outside the guideline range, the Federal Sentencing Commission recognized that “it is difficult to prescribe a single set of guidelines that encompasses the vast range of human conduct potentially relevant to a sentencing decision.” U.S.S.G. ch. 1, pt. A,…
Overview of Franks Hearings in Federal Criminal Cases
In Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), the Supreme Court held that in certain defined circumstances a defendant can attack a facially sufficient affidavit. The Franks Court recognized a “presumption of validity with respect to the affidavit supporting the search warrant,” 438 U.S.…
Wiretaps: Minimization of Wire Communications Required
Government wire interceptions must be conducted in a manner to minimize interceptions of communications not subject to interception. 18 U.S.C. Section 2518(5). Minimization embodies the constitutional requirement of avoiding, to the greatest extent possible, seizure of conversations which have no relation to the crimes being investigated or the purpose for…
Probable Cause: Discussion of Rowe v. State
In many Maryland drinking and driving cases, the decision in Rowe v. State, 363 Md. 483, 769 A.2d 879 (2001) establishes parameters for whether police officers have probable cause to legally stop the driver. In Rowe, a Maryland State Trooper observed a van being driven in the slow lane of…
Discussion of Insanity Defense in Maryland
The purpose of the insanity defense in Maryland is to ensure that the criminal sanction is imposed only on those who had the cognitive and volitional capacity to comply with the law. Robey v. State, 54 Md.App. 60, 73, 456 A.2d 953, 960 (Md.App. 1983). The test to determine whether…
Blood Tests in Maryland DUI/DWI Cases – Two Types
Maryland DUI/DWI Attorney I was recently retained to represent a person who is charged with Driving Under the Influence of Alcohol, Driving While Impaired, Negligent Driving and Failure to Control Speed to Avoid a Collision. The client was involved in a serious single car accident while driving home from a…