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As a Baltimore Maryland Criminal Defense Lawyer/Attorney I have represented many people charged with various offenses related to the possession, distribution and manufacturing of child pornography. Jurisdiction exists to prosecute these cases in both Federal Court by the US Attorney’s Office and the State Court system. As in the case in most crimes for which there is dual jurisdiction, the penalties are much harsher in the federal system. In fact, there are mandatory minimum sentences in Federal Court of 5 years for receiving, 10 years for distribution, and 15 years for manufacturing child pornography. There are mandatory sentences in the state system.

In recent years, these matters have received much higher priority from both state and federal prosecutors and the two authorities collaborate closely on these cases. In what many on the defense side see as an unfair tactic, state prosecutors often use the threat of federal prosecution to convince (some say coerce) a defendant charged in the state system, to plead guilty. I am currently representing a man who is charged with distribution of child pornography who finds himself facing this very situation. I have handled many cases like this as a Baltimore Criminal Defense Attorney but what makes this case different is that the State’s theory for proving my client’s intent to distribute is his use of a file sharing program called Limewire. Here are the facts:
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Although the big news out of Annapolis this session is the likely passing of a ban on Maryland motorists using cell phones while driving, the reality is the bill has little teeth! Under the bill poised to pass, it is unlawful for a motorist on Maryland roads to hold a cell phone while talking on it, to text or otherwise use the device while driving. It will be lawful to use a blue-tooth device to talk on the phone remotely.

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Baltimore Maryland Criminal Defense Attorneys/Lawyers are often called upon to represent defendants who are charged with manufacturing a controlled dangerous substance. Most of these cases involve the growing of Marijuana as this one did, but some involve the manufacture of methamphetamines or other drugs.

The case I had last week occurred on the West side of Baltimore County. My client, who is a 40 year old father of 3 with a college degree and various professional licenses to protect, was accused of growing 6 marijuana plants in his back yard. Unfortunately, Maryland law does not differentiate between manufacturing controlled dangerous substances for personal use and manufacturing for the purpose of distribution. Any manufacturing activity, including the growing of just one or a few marijuana plants is a felony under Maryland Law. Needless to say, the stakes were very high for the client in spite of the very small number of plants involved because a conviction would result in him having a felony on his record which would have a devastating effect on his career even if he avoided jail. Here are the facts:
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Since I have been doing this Baltimore Maryland Criminal attorney/lawyer blog I have often been chided by my friends on the other side of the aisle (This is for you Joey D.) for only blogging about the cases that I win. So, in an attempt to show a little balance and humility, I will discuss a case that I lost the other day in this posting. The real reason I do this is to illustrate the point that a good criminal defense attorney always has a Plan B no matter how strong a case he believes he has. In other words, even in cases that I am confident that I will prevail, I always consider the possibility that we will lose and think about how to minimize the damage to the client if that should occur.

I had just such a case this week in Baltimore County Circuit Court. My client was charged with possession with the intent to distribute marijuana. I believed, and still believe, that I had an overwhelming case for suppression of the evidence because I believed the police had stopped my client without probable cause or even the lesser standard known as reasonable articulable suspicion, which allows police in certain circumstances to briefly detain a suspect for investigatory purposes. The facts of the case were as follows:
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Baltimore County Criminal Defense Lawyers/Attorneys deal regularly with issues of illegal search and seizure. Generally speaking the issue in many cases is not so much whether or not the defendant is factually guilty but whether or not the police violated the person’s constitutional rights in the process of investigating an/or arresting him. One of the specific issues that comes up quite often is the issue of when or if the police may conduct a strip search or the functional equivalent of a strip search of a person who is suspected of a crime or under arrest.

I’m sure it will come as no surprise to most people that when a person has been arrested for a serious felony or for any charge that causes them to be processed into the jail, that person will almost without exception be subjected to a strip search. The instances that are less clear cut are those cases in which a person is only charged with misdemeanors or traffic offenses and is released either on their personal recognizance or bailed out without ever going to the detention center, as well as cases in which the police strip search (or conduct the equivalent of a strip search) prior to an arrest taking place. I am currently representing an individual in the latter category. Briefly, here are the facts:
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I am experienced Maryland criminal defense attorney who has counseled hundreds of criminal defendants and DUI suspects charged with fleeing the seen of an accident, Whether the driver has run into a tree and ditched his car, or ran someone over and sped off, experience shows that 90% of the time the responsible driver flees the scene because he is impaired by alcohol or drugs.

It is very easy for the police to prove a vehicle was in an accident. Often there are paint, blood or hair follicles that can be matched to the object or person hit. In cases where the vehicle is not ditched, police are often able to track down enough evidence to make a case against the owner/ driver. Sometimes the investigation takes days or weeks.

In these instances, however, it is almost impossible to prove the operator of the vehicle was impaired. This is because in order to convict a person of drunk driving, the police need to establish that the person was 1) behind the wheel, 2) had alcohol or drugs in his system, and 3) was above the Maryland legal limit of .08 or otherwise impaired.
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As a Baltimore Maryland Criminal Attorney/Lawyer I have blogged many times on the issue of choosing the right lawyer for a given case. In criminal matters, it is particularly important to research the background of an attorney before hiring him or her to represent you given the high stakes that are generally involved in criminal cases. Unfortunately, many if not most people do not do any research into the background or experience level of an attorney before hiring him and this can often lead to catastrophic results for the client.

As I have noted in the past, it is important in most cases to ensure that the attorney is both experienced in criminal matters and that the attorney appears regularly in the jurisdiction in which the person is charged. This information is easy to acquire simply by reviewing the attorney’s case load on Maryland Judiciary Case Search. http://casesearch.courts.state.md.us/inquiry/processDisclaimer.jis. Most mistakes that criminal defendants’ make when selecting an attorney involve the first parameter – that is, not ensuring that the attorney is experienced in criminal matters- but the second parameter – experience in the jurisdiction in which a person is charged – can be equally important. I resolved a case last week that illustrates the importance of this second and oft overlooked component of an attorney’s qualification to handle a particular case. The facts in a moment but first some more general discussion about attorney qualifications.
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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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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. 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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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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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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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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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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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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Contact Information
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Phone: (410) 385-2225Fax: (410) 547-2432 Email: firm@silvermanthompson.com
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