Maryland Criminal Attorney Blog

Narcotics Distribution Repeat Offender’s Case Successfully Resolved with Health General Exception to Mandatory Sentence

February 1, 2010 | Brian G. Thompson

Of all of the cases that Baltimore Maryland Criminal Attorneys/Lawyers are called upon to handle, some of the most difficult are cases involving repeat offenders in drug distribution cases. In Maryland, if a person who has been previously convicted of a either possession with the intent to distribute a narcotic such as heroin, cocaine or prescription controlled dangerous substances, is again charged, he will likely face a mandatory jail sentence that must be served without the possibility of parole. Some jurisdiction such as Baltimore County, pursue these mandatory sentences in virtually every case. Other jurisdictions such as Baltimore City more often than not use the threat of invoking the mandatory sentence to pressure defendants into plea bargain on terms that prosecutors view as favorable.

In Maryland, in cases where a person is charged with distribution of or possession with intent to distribute narcotics such as cocaine, heroin or prescription drugs, a second offender will be subject to 10 years in prison without the possibility of parole. A third offender is subject to a mandatory 25 year sentence without parole and a person with 4 or more convictions faces 40 years. However, in cases involving second offenders, a defendant who is convicted may be eligible for a modification of that sentence if the person is found to be in need of drug treatment by the Department of Health and Mental Hygene and to be sufficiently motivated to take advantage of the opportunity to receive treatment.
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Couple successfully defended in perverted practices/assault on police case in Baltimore County

January 7, 2010 | Brian G. Thompson

Maryland Criminal Attorneys/Lawyers are often called upon to defend people in cases involving assaults on police officers and in matters involving perverted practice charges. Rarely are we called upon to represent someone charged with both of these offenses in the same case. I had such a case in Baltimore County District Court this week. The facts of the case are really quite humorous, although until this week when the cases were stetted, my client’s failed to see the humor.

My client’s are a married couple whom I will refer to as John and Jane in this blog to protect their privacy. John is in his early forties and Jane, who never took his last name, is in her mid fifties. Neither has ever been in any trouble with the law in their lives. John is in the printing business and Jane has been a school teacher for 30 years. They have been happily married for about 15 years.
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Baltimore Mayor Sheila Dixon Convicted of Fraudulent Misappropriation

December 1, 2009 | Brian G. Thompson

Baltimore Mayor Sheila Dixon Convicted of Fraudulent Misappropriation. Maryland Criminal Attorney discusses whether this count is a Misdemeanor or a Felony and whether or not the Mayor is subject to a mandatory minimum jail term of one year.

As many have now heard Baltimore Mayor Sheila Dixon was convicted by a jury today of count four of the indictment that she was facing. This count was Embezzlement – Fraudulent Misappropriation by Fiduciary is a Misdemeanor although one that carries a maximum prison term of Five years in prison. The jury apparently acquitted her of all other counts including count one – Felony Theft which is a felony that carries a maximum penalty of fifteen years in prison. So what conduct constitutes Embezzlement – Fraudulent Misappropriation by Fiduciary?
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YOU CAN FIGHT THE REVOCATION OF A SECURITY CLEARANCE !!!!

December 1, 2009 | Andrew C. White

I have recently received a number of inquiries from persons who have either been denied a security clearance or have had their clearances revoked by government officials on installations across the United States. The tenor of the conversations is almost always one of defeat. Persons who lose their clearances almost always believe that they have no power to fight back. Read on to learn about your rights when the government tries to take your clearance away.

Few things can be more intimidating than the prospect of fighting the United States Government regarding your security clearance. Contractors and federal employees who work for Government agencies depend on their security clearances for their livelihood. Loss of a clearance – or refusal to grant one in the first instance – can be a devastating and life-altering event. For most people, the prospect of taking on a federal agency about the revocation of a security clearance is a daunting one. Many believe that because an agency has revoked or denied a clearance, there is nothing they can do to fight back. After all, the agency knows best . . . right? WRONG!

The truth is that the decision to revoke or deny a security clearance is almost always made by persons who may be influenced by “workplace politics,” and personal issues or problems with an applicant. In some cases, decisions to revoke or deny a clearance have been based on an employee’s desire to disqualify a particular contractor because the employee does not like working with the contractor’s employees. The power vested in those making security clearance decisions is tremendous, and all too often the power is exercised for the wrong reasons, and having little to do with the established criteria governing these decisions.

Here’s what you need to know:

Decisions regarding security clearances are tremendously important and must be based on a fair, impartial, and commonsense review of all relevant information about an applicant. Instead of focusing on one perceived problem, a decision must be based on what has been termed the “whole person” concept. This review encompasses numerous factors that must be addressed by the government in making a decision regarding a clearance. The factors include such things as 1) the nature and seriousness of the alleged conduct, 2) the circumstances surrounding the conduct and the extent that such conduct was purposeful or intentional, 3) the timing of the conduct – was it recent? Did it happen more than once? 4) whether the applicant has taken rehabilitative steps to address underlying issues (such as drug use or accumulation of large debt), 5) the potential for exploitation or coercion in the future, and 6) the likelihood of recurrence.
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DUI/DWI Defendant Faces Long Jail Sentence on Violation of Probation: Was He Properly Represented By a Truly Qualified Attorney

November 25, 2009 | Brian G. Thompson

As a Baltimore Maryland DUI/DWI Attorney, I regularly see defendants who are improperly represented in Maryland District Courts by attorneys who do not specialize in the representation of people charged with criminal and serious traffic offenses. I blog about this issue fairly often because it troubles me greatly when I see attorneys who do not specialize in criminal and serious traffic offenses, make mistakes (also known as malpractice) that no specialist would ever make. Sometimes these mistakes go without consequence. Sometimes they cost their client’s dearly. I was recently retained in a case where the latter scenario played out. (To research a Maryland attorney’s qualifications in a particular area of the law and/or jurisdiction go to the Maryland Judiciary Case Search Web Site at http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp)

The client was charged with a DWI/DUI about a year ago. This charge represented his first Maryland DWI/DUI offense. Prior to this situation, he had been represented by an attorney in a divorce case. He had never had the need for an attorney prior to his divorce, so this attorney was the only one that he knew. So when he was again in need of an attorney he did what most people in his situation would have. He called his divorce attorney. This attorney, of course, told him that in addition to being a divorce attorney, he was also a criminal/serious traffic attorney and was “more than qualified” to handle this case. While this statement was not an outright falsehood, ( according to Maryland Judiciary Case Search, this attorney handles roughly 20-25 criminal/ serious traffic cases per year) he is hardly a specialist.
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Drug Recognition Expert DUI Defendant Successfully Defended in Baltimore County While on Probation

November 20, 2009 | Brian G. Thompson

As a Maryland DUI/DWI Attorney/lawyer I represent many individuals who are charged with DUI or DWI while they are on probation for another crime. That person may be on probation for a prior Maryland DUI or DWI case or they may be on probation for a criminal case. The latter situation was what I was confronted with in Baltimore County Circuit Court last week. In this case my client was on probation for domestic violence and was facing up to six years in prision if he were to violate his probation. There is no easier way to violate one’s probation than to receive a subsequent conviction, even for a serious traffic matter (generally speaking court’s will not violate probation for non-jailable traffic offenses such as speeding). In this case the stakes were even higher than normal because the client was very much on the domestic violence team’s radar and they were chomping at the bit to request a violation of probation if he were to be convicted of the DUI and had let me know that they intended to seek the entire 6 year sentence on the violation. Needless to say, a plea bargain was not an option in this case.

Actually the case went back much further than last week and had in fact been postponed a number of times. I will get into the procedural background of the case shortly but first the facts: My client was driving his brand new Cadillac Escalade in Baltimore County one day last year. While admittedly driving approximately 50 mph in a 40mph zone my client claims he was clipped from behind by a as he began to negotiate a curve. According to my client, the car was tailgating him and when my client slowed down slightly to take the curve the car struck his rear bumper. This impact caused my client to lose control of the vehicle and strike telephone pole totalling the vehicle.
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Child Abuse First Offender Gets Six Years – Was She Properly Defended?

October 30, 2009 | Brian G. Thompson

As a full time Baltimore Maryland Criminal Lawyer/Attorney I handle dozens of Child Abuse cases each year without ever achieving a result as bad as the one that I will discuss in detail in this blog. In this case I was hired only after the client had gone through most of the process with another attorney and was obviously dissatisfied with the result. In these situations I usually tactfully ask the client what if any research they did on their attorney to determine whether he was a criminal law specialist and therefore sufficiently experienced to handle the case. I usually get little more than a blank stare in response as I did in this case. I have blogged about this issue in the past and am continually amazed at the lack of effort some criminal defendants put into the search for a qualified criminal defense attorney. It seems that most people just go to whomever they are referred to or the first name in the phone book and never even bother to ask the attorney about his qualifications much less do any independent research into them.

First, the facts of the case.

The client is a 60 year old naturalized American citizen from the Caribbean. She has lived in this country for over 40 years and prior to this situation had never been charged, much less convicted, with anything more serious than a parking ticket in her life. She has always worked, paid her taxes and raised a family. In other words, she is a solid a citizen as any criminal defense attorney could hope to represent.
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Trafficking Narcotics With a Firearm – What Must the State Prove and What are the Penalties?

October 23, 2009 | Brian G. Thompson

As A Baltimore Maryland Criminal Attorney/Lawyer I represent many people charged with either handgun offenses or violations of the State’s narcotics aka controlled dangerous substance laws. More often than not, so long as the defendant does not have an extensive criminal history, these matters can be resolved without the defendant having to serve much or any time in prison, even assuming that the State can prove the case. However, when a person gets charged with possession of firearms and felony narcotics offenses at the same time, things get a lot trickier.

This is because under Maryland Law and Federal Law there are minimum mandatory sentences that must be served without the possibility of parole associated with trafficking narcotics with a firearm – even for first offenders. Perhaps more surprisingly, these laws apply to the possession of any firearm and not simply handguns or regulated firearms such as assault weapons. So while a convicted felon may be in possession of a shotgun without violating Maryland Law (shotgun possession by a convicted felon is a violation of Federal Law) a person with no record who is caught trafficking narcotics with a shotgun would be in violation of these laws and face the mandatory penalties just the same as if he were caught with a handgun or an assault weapon; and the penalty is a stiff one indeed. Any person in Maryland who is convicted of trafficking narcotics with a firearm faces a maximum penalty of twenty years in prison but the real meat in the statute is that the convicted defendant faces a mandatory minimum sentence of five years in prison without the possibility of parole. I currently represent a person who finds himself in this exact predicament. I will explain the facts and then get into what exactly the State must prove to convict my client or any other similarly situated defendant of this charge.
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ATTACK THE CAREER OFFENDER LABEL !!!

October 16, 2009 | Andrew C. White

https://www.silvermanthompson.com/lawyer-attorney-1300820.htmlAs a Maryland Federal Criminal Attorney I know that nothing in the federal sentencing guidelines strikes more fear into the hearts of defendants and defense attorneys than the Career Offender provisions, found at section 4B1.1. This section is the most overused and perhaps least understood of all components of the guidelines.

In a nutshell, a criminal defendant is considered a Career Offender if he is currently charged with a violent crime or controlled substance offense and has previously been convicted twice of “a felony that is either a crime of violence or a controlled substance offense.” It is basically the federal version of a “third strike” rule. The consequences of being labeled as a career offender are disastrous. First, a defendant’s criminal history category is automatically raised to Category VI-the most serious category in federal law. Second, the offense level for the current charge is also automatically inflated to some of the highest in the guidelines system. In most cases, the level is raised to 37. To give some perspective, level 43 is the highest designation in the sentencing guidelines, and applies to crimes such as 1st degree murder!

Moreover, federal courts have adopted a very wide “strike zone” in determining what constitutes a “controlled substance felony.” While most logical thinkers understand that a controlled substance felony means drug distribution or dealing, federal courts have ruled that a state drug possession conviction can qualify as long as the offense carries a maximum possible punishment of greater than one year. In Maryland, possession of cocaine carries a maximum possible punishment of four years, making it a “felony” for federal purposes, even though the crime is classified as a misdemeanor under state law. So an individual in Maryland who has been twice convicted of cocaine possession will be treated as a career offender if he thereafter is charged in federal court with drug dealing or conspiracy to deal drugs. The results are significant.

A defendant classified as a career offender in a federal drug case will typically face a sentencing range of 30 years – life! Facing such a monstrous guideline range forces many defendants to accept guilty pleas in defensible cases as well as cases where the defendant is actually innocent!
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Carroll County Maryland Assault Case Demonstrates Need to Win the Race to the Courthouse

October 14, 2009 | Brian G. Thompson

As a Maryland Criminal Lawyer/Attorney I often counsel people that they must ” win the race to the courthouse”. What I mean by that is very often inexperienced or inept prosecutors will reflexively side with whomever earns the title “victim” (actually it is really complaining witness) by winning the race to the courthouse to file charges. The typical example is a bar fight or an altercation at some other location that is broken up or otherwise ceases prior to police arriving on the scene. Unless a weapon was used or someone was seriously injured, the police do not have the legal authority to make an arrest. This is because without a weapon or serious injury the only crime would that could be charged is second degree assault which is a misdemeanor in Maryland. The police can only arrest in misdemeanor cases if they actually witness the events. Otherwise, the police are supposed to simply write a report and advise the combatants as to the procedures for filing charges against one another.

I had a case like this in Carroll County earlier this week. The facts were that our client was riding his motorcycle and he got caught behind a slow moving tractor trailer. He rode behind the truck for between 2 to 3 miles and a line of cars developed behind my client. Although there were several places where the driver of the truck could have moved partially onto the shoulder to allow our client and the other cars to pass, he never did so. Needless to say, our client began to get impatient.
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Client Successfully Defended on Child Abuse Assault Case in Prince Georges County Maryland

October 12, 2009 | Brian G. Thompson

Maryland Criminal Lawyers/Attorneys are often called upon to defend people who are charged with Assault or Child Abuse as a result of incidents of parental discipline with their children. I have blogged about this issue in the past but it is worth repeating that prosecutors and police are far more aggressive today in terms of initiating criminal prosecutions in cases that were traditionally viewed as legitimate parental discipline.

My case last week in Prince Georges’ County Maryland involved an incident between my client and his 14 year old son at a restaurant. The facts were that my client’s son was graduating from middle school this past June. Originally the ceremony was scheduled to take place at 3:00pm. However a change in the time was made by the school a few weeks prior to the scheduled date. The time was moved up to 1:00pm. My client’s estranged wife, with whom my he is currently entrenched in a bitter custody dispute, decided not to pass this information on to my client and as a result he missed the graduation.
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Domestic Violence Defendant Successfully Defended With Constitutional Defense

October 2, 2009 | Brian G. Thompson

Maryland Criminal Attorneys represent people accused of domestic violence assaults more and more often these days. As I have noted in the past, the numbers of these cases that are being pursued by the police and prosecutors have increased exponentially over the last decade and a half after the acquittal of OJ Simpson of the murder of his wife.

Very often in domestic violence cases the alleged victim refuses to cooperate with the prosecution. Alleged victims will often recant their allegations, evade service of process and refuse to appear in court or, if the couple is married, invoke the marital privilege and refuse to testify. There are many reasons why alleged victims do this including that the couple has reconciled their relationship, the defendant is the primary breadwinner in the family and his incarceration would cause economic hardship for the family, or that the charges were fabricated in the first place which, believe it or not, happens quite often and, I believe, it is what happened in the case I had this week in the District Court for Baltimore County.
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Fifth Time DUI/DWI Repeat Offender Successfully Defended

September 24, 2009 | Brian G. Thompson

https://www.silvermanthompson.com/lawyer-attorney-1301140.html https://www.silvermanthompson.com/lawyer-attorney-1301140.htmlSome of the most difficult Maryland DUI/DWI cases that Maryland DUI/DWI Attorneys are called upon to handle are cases in which the offender has prior convictions for Driving Under the Influence or Driving While Impaired. These people are known as “repeat offenders” and are, as one would expect, generally treated far more harshly than people charged for the first time. State’s Attorney’s typically seek jail terms for people with one or more prior convictions and file enhanced penalties which allow for sentences of up to 3 years instead of just 1 year which is the maximum penalty if the State has not filed the enhanced penalties. This week I kept an offender with four prior convictions out of jail in spite of the fact that the State had a virtually bullet proof case against him. I will explain momentarily but first a few general observations about representing repeat offenders in Maryland.
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Standardized Field Sobriety Tests: Why do Police Officers Request People Who Are Suspected of DUI/DWI To Perform Them?

September 4, 2009 | Brian G. Thompson

https://www.silvermanthompson.com/lawyer-attorney-1300822.htmlAs a Maryland DUI/DWI Attorney I have become very accustomed to analyzing a client’s performance on the standardized field sobriety tests (at least the police officer’s version of that performance) to determine its legal significance. There are two reasons why police officers request that people suspected of DUI or DWI request the suspect to the perform the standardized field sobriety tests which are the Horizontal Gaze Nystagmus Test (HGN), the Walk and Turn and the One Leg Stand. There are certainly other tests that police officers asks suspect to perform in these situations such as alphabet, counting and finger dexterity tests but the three listed above are the standardized tests recommended by the NTSB.

The primary reason that police officers ask suspects to perform these tests is to allow the officer to develop probable cause to arrest the suspect or at least take him or her into custody and charge them accordingly. The reason for this is that the smell of alcohol alone is not generally considered to be enough to establish probable cause. The police officer will typically run the suspect through the tests and based on his assessment of the person’s performance, either take the person into custody or release him.
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Maryland Criminal Attorney Successfully Defends Client in Domestic Assault

August 28, 2009 | Brian G. Thompson

Maryland Criminal Attorneys are commonly called upon to represent defendants who are charged with domestic violence assaults. As I have noted in previous blogs on the subject of domestic violence, there was an explosion of new domestic violence arrests in this country after the OJ Simpson acquittal in 1994. Police officers were encouraged to aggressively enforce the law in domestic cases where they previously might have considered these cases family matters and not law enforcement matters.

Additionally special domestic violence police units and prosecution teams were created throughout the country and new laws were enacted to allow the police and prosecutor to more aggressively pursue perpetrators of domestic violence. For instance in Maryland, new laws were enacted to allow for the warrant-less arrest of those suspected of domestic assaults under certain circumstances – even when the defendant is only suspected of committing a misdemeanor. Unfortunately, some people have taken advantage of these new laws and the new tactics of the police and prosecutors to have others falsely arrested. I had just such a case in Baltimore County Circuit Court this week.
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