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Maryland Criminal Attorney Blog

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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…

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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…

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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…

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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…

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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…

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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…

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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…

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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,…

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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.…

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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…

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Videotaping of Maryland DUI/DWI Cases Should become Standard Procedure for All Police Agencies

Maryland DUI/DWI Attorney. I blogged several months ago about a Maryland DUI Case that I handled in the District Court for Anne Arundel County in which my client claimed to have performed the field sobriety tests far better than was indicated by the officer in the Statement of Charges. In…

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