Maryland Criminal Attorney Blog

Representing repeat offenders as a Maryland DUI Attorney/Maryland DWI Lawyer

June 20, 2008 | Brian G. Thompson

Maryland DUI Attorney – Maryland DWI Attorney – Baltimore DUI Lawyer – Baltimore DWI Lawyer
As a former Assistant State’s Attorney for Baltimore County I prosecuted hundreds of repeat offenders for driving under the influence or driving while impaired. Although the maximum penalty for driving under the influence is one year in prison, prosecutors can and very often do seek enhanced penalties for repeat offenders. Second offenders for DUI face up to two years in prison and third offenders face up to three years in prison. As a prosecutor I routinely filed enhanced penalties against repeat offenders and often convinced a court to impose sentences longer than the one year.
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Federal and Maryland State Child Pornography Laws

June 19, 2008 | Brian G. Thompson

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 well as defended hundreds of cases involving child pornography.
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Possession of Handguns Under Maryland Law by Convicted Felons and Otherwise Disqualified Persons

June 13, 2008 | Brian G. Thompson

Maryland Criminal Attorney – Maryland Criminal Lawyer – Baltimore Criminal Attorney – Baltimore Criminal Lawyer – I receive questions regularly by clients regarding Maryland handgun possession restrictions by people who have been previously convicted of a crime.

Under Maryland law there are basically two classes of citizens who are disqualified from owning or possessing handguns and subject to criminal penalties if they are convicted of being in possession of a firearm that is classified as a handgun. The first classification deals with person’s who have been convicted of either of a crime of violence or a felony drug charge. The following offenses are classified as crimes of violence in Maryland: Abduction, Arson in the First Degree, Assault in the First of Second Degree, Burglary in the First, Second or Third Degree, Carjacking and Armed Carjacking, Escape in the First Degree, Kidnapping, Voluntary Manslaughter, Murder, Rape in the First or Second Degree, Robbery, Robbery with a Dangerous Weapon, Sexual Offense in the First, Second or Third Degree, Attempts to commit any of these crimes and Assault with the Intent to Commit any of these crimes.
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Juvenile Causes in Maryland and the Jurisdiciton of the Court

June 10, 2008 | Brian G. Thompson

Maryland Criminal Attorney – Maryland Criminal Lawyer – Baltimore Criminal Attorney – Baltimore Criminal Lawyer – I had a client today who is 16 years old and is alleged to have committed a robbery with a knife. He is charged as an adult which was confusing and disturbing to both him and his parents. I explained to them that a juvenile can be charged as an adult in the first instance (that is original jurisdiction vests with the Circuit Court) if the person is charged with second degree murder, second or third degree sex offenses, second or third degree rape, most handgun charges, armed robbery, kidnapping, involuntary manslaughter, carjacking, first degree assault, attempted murder, robbery or rape or any other felony if the juvenile has been previously adjudicated as an adult. A child of the age of 14 or 15 will also be charged in the first instance as an adult if he or she is charged with an offense which carries either life imprisonment or the death penalty if committed by an adult which includes first degree murder, first degree rape or sexual offense or any attempts of these offenses. Also in any other case a 15 year old can be tried as an adult if the court grants the State’s motion for waiver of jurisdiction. The State will sometimes file these motions for cases of possession with the intent to distribute cocaine, heroin, marijuana or other drugs or other felonies if the juvenile has a particularly bad record. Once this motion is filed the court will order the Department of Juvenile Services to conduct a study of the juvenile and will make it’s determination as to whether to order the case to be transferred to the adult system based on five factors: the age of the child, the mental an physical condition of the child, the child’s ameniability to treatment, the nature of the offense and the child’s participation in it and the public safety.
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Baltimore Drug Cases-Common Themes

June 10, 2008 | Steven D. Silverman

Having been an active Baltimore criminal defense lawyer for 18 years, I have represented over 4000 criminal defendants charged with felony drug (CDS) crimes in Baltimore City Circuit Court. I have come to realize that the vast majority of drug cases in Baltimore fall into three categories: 1) hand-to-hand, 2) dropsy, and 3) search and seizure.
Hand-to-hand cases involve the Baltimore police observing a drug transaction between two or more criminal defendants. When defending these cases, experienced criminal defense lawyers look to see if the alleged seller has any drugs or money on his person. Also, if the “buyer” is not arrested, Baltimore city jurors are very skeptical that a crime has been committed.
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Maryland DUI/Drunk Driving Defense to Breathalyzer

June 10, 2008 | Steven D. Silverman

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 three times the legal limit. The case was dismissed, however, when it was pointed out that the Baltimore City Police breath technician did not give the defendant the breath test within two (2) hours from the time of the stop.
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Maryland Criminal Defense Attorney on Not Criminally Responsible or Insanity Pleas

June 9, 2008 | Brian G. Thompson

Maryland Criminal Defense Attorney – Maryland Criminal Defense Lawyer – Baltimore Criminal Attorney – Baltimore Criminal Lawyer – Drug Offenses, Assault, Domestic Violence, Sex Offenses, Rape, Armed Robbery, Murder – These are just a few of the offenses wherein an experienced criminal attorney in Maryland may choose to file a Not Criminally Responsible (NCR) plea, commonly known as an insanity plea. A story in the Baltimore Sun today got me thinking about NCR pleas.
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Maryland Criminal Attorney on Extradition

June 6, 2008 | Brian G. Thompson

Maryland Criminal Attorney – Maryland Criminal Lawyer – Baltimore Criminal Attorney – Baltimore Criminal Lawyer – There is an interesting case in the Baltimore Sun today that brings up a topic that I deal with regulary that almost no one, including most attorneys really undestands – extradition. An experienced Maryland criminal attorney should be well versed in the laws and procedures involved in extradition, which is the legal process by which someone who is wanted in a particular state is brought back to that state when they are captured in another.
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Maryland DUI DWI Attorney on people from out of state who are charged with DUI or DWI in Maryland

June 5, 2008 | Brian G. Thompson

Maryland DUI Attorney –Maryland DWI Attorney – Maryland Drunk Driving Attorney – Baltimore DUI DWI Lawyer – Baltimore Drunk Driving Lawyer – I have received many questions from people from out of state who have been charged with either DUI, DWI or both here in Maryland. As a former prosecutor (or Assistant State’s Attorney as they are known in Maryland) and a full time criminal defense attorney specializing in DWI and DUI law for the past 15 years, I have handled thousands of these cases. I will briefly explain the criminal and motor vehicle administrative consequences of receiving a DWI or DUI in Maryland but please feel free to contact me for a free consulation that will include a more thorough explanation as well as a review of the specific facts and circumstances of your case. Brian Thompson
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Maryland Criminal Lawyer on Accessory Law

June 4, 2008 | Brian G. Thompson

Maryland Criminal Defense Attorney who represented a man in the Howard County determined that under Maryland Criminal Law his client in Howard County murder case was guilty of being an accessory after the fact to murder. In the case which is featured in the Baltimore Sun today. A Maryland Criminal Defense Lawyer determined that the fact that his client drove the killer to an apartment the day after he claimed he had killed someone and purchased bleach for him to wash his clothes were sufficient to convict him of being an accessory after the fact to the murder he committed.
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Court Imposes Probation in Federal Child pornography Case

April 24, 2008 | Andrew C. White

U.S. District Judge J. Frederick Motz today imposed a sentence of five-years probation in a Child Pornography possession case in United States District Court for the District of Maryland. Federal Sentencing Guidelines had called for a sentence of between 57 – 71 months incarceration. Federal prosecutors had argued that the client should be jailed for 57 months. STSW attorneys Andrew C. White & Susan Q. Amiot were able to convince Judge Motz to not follow the sentencing guidelines and impose a non-jail sentence because of the client’s extraordinary rehabilitation since the offense and his strong family support. This case is a significant success story and reflects how a well-crafted sentencing presentation focusing on post-offense rehabilitation and strong family support can result in tremendous success in federal court.

Maryland DUI Attorney on Jurisdictional Familiarity

April 17, 2008 | Brian G. Thompson

Having an experienced Maryland DUI Attorney who really knows the members of the Maryland District Court Bench as well as the Maryland Circuit Court bench can be as important, if not more important than having a Maryland DUI lawyer who knows the law. Having a Maryland DUI Lawyer who is both experience and knowledgable in Maryland DUI Law and knows the bench is of course the best choice.
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Anne Arundel County Sexual Child Abuse Case

April 17, 2008 | Brian G. Thompson

Maryland Criminal Defense Attorney with experience in cases of sexual child abuse will be needed by defendant arrested for sexual child abuse yesterday in Anne Arundel County Maryland. http://www.baltimoresun.com/news/local/annearundel/bal-md.ar.molest17apr17,0,7442671.story

Maryland DUI Breath Test Threshold .08

April 16, 2008 | Brian G. Thompson

Under Maryland law, a breath reading .08 or above is per se guilt of driving while under the influence of alcohol. You will need to consult a skilled Maryland DUI lawyer immediately to protect your rights. A Maryland DUI attorney will help you prevent the MVA from suspending your license and help you in Maryland District court to avoid points, jail and other punitive measures.
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