The Rights a Defendant Waives: Qualification Guide for Defense Attorneys As a service to members of the Maryland Bar, below you will find a typical criminal litany given by the defense attorney to the defendant before a guilty plea is accepted. Different lawyers have different styles when advising a defendant…
Articles Posted in Criminal defense
Navigating the Interstate Agreement on Detainers
At Silverman Thompson, we put our experience as former federal prosecutors to work to secure favorable outcomes for our clients. In March 2024, we successfully secured the dismissal of felony charges including armed carjacking, kidnapping, and armed robbery, among a host of related charges, against our client before he even…
Maryland DUI/DWI Frequently Asked Questions
What is the maximum penalty for a DUI in Maryland? The maximum penalty for a DUI in Maryland is 1 year imprisonment and/or a $1,000 fine for the first offense, and 2 years imprisonment and/or a $2,000 fine for a second offense. See MD Code, Transportation §§ 21-901(a)(1), §27-101. If…
Sam Bankman-Fried Unlikely to Serve 25-Year Sentence
Sam Bankman-Fried was recently sentenced to 25 years in prison for his role in defrauding users of the collapsed cryptocurrency exchange FTX. While this sentence certainly seems harsh, and many commentators are stressing that the harm caused to investors was immense, several important federal sentencing statutes and programs will operate…
Prince George’s County Prosecutor Cracks Down on Child Pornography Sentencing
“Moving forward, our office will continue to pursue stiff penalties [for child pornography cases] …” That was the strong message delivered by Prince George’s County State’s Attorney Aisha Braveboy on November 20, 2023, following the sentencing of Patrick Wojahn. Wojahn, the former mayor of College Park, pled guilty to 140…
An Online Map to the Guns: Privacy, Gun Owners and Safety
In a media-generating stunt, the Journal News, a suburban paper in Westchester County, NY, accessed state public gun permit records, compiled the names and addresses of gun owners in three New York Counties, and then posted an online map identifying and marking on the map all of the gun permit…
Craig’s List Sting Operations for Solicitation of Minors for Sex Cases on the Rise
As a full time Maryland Criminal Lawyer and former Baltimore County Prosecutor practicing exclusively in the criminal arena for almost 20 years, I have handled more Sex Offense Cases (on both sides of the aisle) than I can recall. Recently we have seen an uptick in the number of Craig’s…
Violation of Probation Dismissed on Speedy Trial Grounds
Most Experienced and Aggressive Criminal Defense Attorneys handle many cases in which the client is charged with Violation of Probation. Typically when a judge places a criminal defendant on probation, the judge will require the person to do certain things while on probation such as report to an agent, perform…
Juvenile Rehabilitation v. Adult Punishment: A Real Life Case Study
I have a current case that highlights the significant fork in the criminal justice road when juveniles are charged as adults. Zachary Watson (17) and Emmanuel Miller (16) are the 2 juveniles who were with alleged Neo-Nazi Calvin Lockner when he attacked an elderly black fisherman in Baltimore city this…
Court of Appeals Weighs in on Miranda Warnings
Maryland Criminal/Civil Appeals Attorney discusses new opinion by the Maryland Court of Appeals dealing with Miranda Warnings. A new case was decided by Judge Barbera of the Maryland Court of Appeals on April 14, 2010 dealing with Miranda. The State alleged that Mr. Luckett believed his wife was having an…
Term Differences Between Adult and Juvenile Criminal Court in Maryland
In Maryland Juvenile Court, in an effort to “soften” the blow to minors. Different terms are used to describe the process. In juvenile criminal court, a defendant is a “respondent”. The Charging document is a “petition” not an “indictment”. Juveniles do not get tried, rather they have an “adjudicatory hearing”.…
Michael Phelps Bong Photo Leads to Eight Arrests
According to a Fox News report, eight people have been arrested today in South Carolina in connection with the Michael Phelps bong photo. It is being reported that seven of the people are being charged with possession of marijuana and one for dealing. One of the arrests includes a suspect…
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…
Federal and Maryland State Child Pornography Laws
Recent reporting is a good example of both the increasing severity of federal sentences as well as an increased emphasis on federal prosecutions for those who are caught possessing and/or trading in child pornography. As a former Assistant United State’s Attorney for the District of Maryland I have both prosecuted as…
Maryland DUI/Drunk Driving Defense to Breathalyzer
I recently defended a DUI case in the District Court in Baltimore, Maryland. My client had an acceptable performance on the field sobriety tests, but when he took the breathalyzer he “blew” a .23. The legal limit in Baltimore and Maryland for drunk driving (DUI) is .08. This was almost…