Maryland Criminal Attorney Blog
On August 25, 2020 the Court of Appeals issued an important ruling regarding the modification of mandatory sentences for drug offenders who had entered into a guilty plea. The Court unanimously ruled that the trial court does in fact have the authority to modify mandatory sentences given to certain drug offenders who entered into a guilty plea. The Court went further and said these sentences may be modified even over the objection of the State. The further concluded that these mandatory drug offense sentences may be modified by the trial court even in instances in which the defendant failed to file a timely motion to modify sentence. This important decision will allow thousands of inmates the right to file a request to have their mandatory drug offense sentences be modified. The attorneys at Silverman Thompson Slutkin and White have combined criminal experience of well over 100 years and include both a State Court of Appeals Judge and a former Federal Judge. Our aggressive and experienced attorneys stand ready to file motions to modify mandatory sentences in any jurisdiction in the State.
An Important Milestone in the Effort to Hold the City and Police Department Liable for the Harms Caused by the Gun Trace Task Force
The Gun Trace Task Force was an elite unit within the Baltimore City Police Department tasked with getting illegal guns off the streets. But as a blockbuster federal investigation revealed, GTTF members were themselves criminals of the worst kind: crooked cops who conspired to terrorize the very same citizens they swore to protect and defend. Their misconduct was shocking even for a City accustomed to police scandals: suspicion-less stops and arrests, writing false police reports and fake search warrants, lying in court, planting evidence, beating detainees, robbing citizens, and on and on. Some measure of justice was achieved after the officers involved were convicted of federal conspiracy charges, but the battle to ensure appropriate compensation for the victims is ongoing. A recent decision by the Maryland Court of Appeals in two cases brought by GTTF victims represents an important victory in that battle.
Prisoner Release Program
The Chief Judge of the Court of Appeals has issued an order allowing certain prisoners to be released if they meet certain guidelines. Below is a description of those guidelines.
Accomplice Liability Rule Abrogation
On August 28, 2019, in a landmark decision, the Court of Appeals abrogated the long standing rule that a defendant could not be convicted based solely on the testimony of the defendant’s accomplices. (State v. Jones, No. 52, September Term, 2018). Jones was charged with the murder of Mr. Sandeep Bhulari. The investigation led to six suspects. Fingerprints discovered at the crime scene implicated four of the suspects. Jones was implicated solely by the accounts of three of the suspects. The trial, those three suspects testified pursuant to plea agreements. In addition to their testimony, the State presented testimony from detectives and forensic experts and offered physical evidence. None of the physical evidence directly implicated Jones. Jones was convicted of conspiracy to commit armed carjacking. Jones appealed.
Child Pornography Defendant Receives Probation Before Judgment in Harford County
I recently represented a young man in Harford County Circuit Court who was charged with Possession of Child Pornography. I am former prosecutor and career full time criminal defense attorney practicing exclusively criminal law for 22 years. I have defended scores of individuals charged with Possession and/or Distribution of Child Pornography and have blogged many times about the increasingly harsh penalties that are being sought by both state and federal prosecutors in these cases. The granting of probation before judgment in these cases is almost unheard of in recent times.
Maryland Criminal Attorney – Jury Acquits Police Officer in 30 Minutes
A few weeks ago I defended Baltimore County Police Officer Christopher Spivey in a use of force assault case. After listening to 3 days of testimony and evidence, the jury took less than 30 minutes to find him not guilty of all charges. Then at least six members of the jury waited around to shake Officer Spivey’s hand and thank him for his 10 years of service to the community as a police officer.
Child Pornography Arrests Increase in Baltimore County and Throughout the State
Representation in cases involving Possession and Distribution of Child Pornography require expertise that only an Aggressive Criminal Law Specialist can provide. I am a full time Maryland Criminal Attorney and former Baltimore County Assistant State’s Attorney with more than 20 years of experience. Throughout my career as a prosecutor and full time criminal defense attorney, I have handled hundreds of cases involving the Possession and/or Distribution of Child Pornography in Baltimore County and across the State. Over the last 20 years I am aware of no other criminal attorney in the state who has handled more of these cases than I have along with my partner, Former Assistant United State’s Attorney and Chief of the Sex Offense Unit, Andrew C. White. As I have written before on this blog, these cases are prosecuted extremely aggressively and often result in substantial state and federal prison sentences. This is why is is so imperative to hire attorneys who specialize in these types of cases.
Not Guilty in Murder Case with Confession
In July I finally resolved a murder case that I have been working on for the better part of 3 years. I received a not guilty on the case in spite of the fact that my client gave a recorded “confession” to the crime. I am convinced that in spite of his confession, he was indeed an innocent man – and 12 jurors agreed in just over 4 hours of deliberation that he was. Here are the facts – as I often do I will leave out specific names and locations to protect the privacy of those involved:
Maryland Justice Reinvestment Act
The Maryland Assembly has recently passed the Justice Reinvestment Act which is generally aimed at significantly reduces Maryland’s prison population. Our partner, Judge Joe Murphy (ret.) played a key role in formulating much of this legislation. The legislation passed the House by a vote of 122-19 and the Senate 46-0. Gov. Hogan is expected to sign the bill into law this spring.
Many major policy changes are highlighted below in this text but include a unique opportunity for inmates serving mandatory minimum sentences for drug offenses an unprecedented opportunity to return to court and ask for a sentence modification.
Some other highlights to the bill include:
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Dismissal of DUI and DWI Charges in Baltimore County
As an Aggressive Former Baltimore County Prosecutor and DUI/DWI Attorney, I have prosecuted and defended well over 5,000 DUI’s in my almost 20 year career. These cases are prosecuted very aggressively in Maryland with few dismissals and even fewer acquittals. The police have been trained to write highly detailed reports describing their interactions with defendants too include their performance on field sobriety tests. These detailed reports are then testified to in court and are very often viewed as sufficient evidence to convict, at least of Driving While Impaired, even with low blood alcohol readings such as .05 or .06.
I handled a case in Baltimore County this week in which my client blew only a .06. The prosecutor initially refused to dismiss the case. However, after speaking with me in detail about the circumstances of the police officer’s stop of my client and his performance on the field sobriety tests, I convinced her that she would be unable to prove the case. Here are the facts:
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Child Pornography Cases Prosecuted More Aggresively in Baltimore County Than in Other Jurisdcitions in Maryalnd
As an Aggressive Criminal Attorney and Former Baltimore County Prosecutor, I have defended dozens if not hundreds of individuals who have been charged with Possession and/or Distribution of Child Pornography. I have been practicing exclusively criminal defense for the last 17 years since leaving the Baltimore County State’s Attorney’s Office and handle these types of cases all over the State. There is simply no question that they are prosecuted more aggressively in Baltimore County than in most any other jurisdiction. For this reason, it is imperative to find a full time criminal attorney who has substantial experience handling Child Pornography cases, in Baltimore County.
I recently defended an individual in Baltimore County that is a good illustration of how aggressively these cases are prosecuted there. Here are the facts:
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Successful Representation in Child Pornography Case
As an aggressive Criminal Defense Attorney, who is also a former Assistant State’s Attorney, I have helped numerous clients accused or charged with possession or distribution of child pornography. These serious charges can be prosecuted in State court or Federal court. Since State criminal charges are different than Federal criminal charges, which often carry far more severe punishment, I team up with my partner and former Federal Prosecutor Andrew White, who led the sex offense unit of the United States Attorney’s Office for more than 7 years. Over the years Andy has had tremendous success using his connections to have these cases prosecuted in State courts where there are no minimum mandatory sentences, as there are in the federal system. However, even in State court, these serious crimes may result in a felony conviction, extended prison sentences and the requirement to register as a sex offender.
Serious consequences In Maryland, a conviction even for Misdemeanor Possession of Child Porn mandates registration as a Tier I Sex Offender for 15 years. A conviction for Felony Distribution or Possession with the Intent to Distribute Child Porn mandates registration as a Tier II Sex Offender for 25 years. Additionally, a charge of possession for distribution of child pornography will likely impact every aspect of your life. From job prospects, to where you can live, to not being able to step on the property of your child’s school, to having the police notify your neighbors of your status, as well as inclusion on sex offender websites with your exact home address and picture.
I recently had a young man facing these daunting consequences. Here is what happened:
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Not Guilty Verdict in Felony Assault Case Utilizing Defense of Others Strategy
As an Aggressive and Experienced Criminal Defense Attorney and former Assistant State’s Attorney, I have prosecuted and defended well over a thousand First and Second Degree Assault Cases. These serious cases can carry substantial penalties to include lengthy jail sentences upon conviction – particularly when a serious injury is involved. The maximum penalties are 25 years and 10 years respectively. Many people are shocked to learn that second degree assault carries such a long jail sentence in spite of it being a misdemeanor.
I recently secured an acquittal for a Maryland school teacher who was charged in such as case. The incident, which I will describe below, resulted in the alleged victim sustaining a traumatic brain injury and was charged as a First Degree Assault. Needless to say, given the serious injury to the victim, the State was aggressively prosecuting the case. He are the facts:
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Not Guilty in Second Degree Rape Case
Sex Offenses including Second Degree Rape charges are among the most serious criminal offenses that are handled in the criminal just system. Anyone who is charged with Rape or any other Sex Offense requires the assistance of an Aggressive and Experienced Criminal Attorney who has substantial experience handling these types of cases. In the twenty years that I have been practicing exclusively criminal law, I have handled scores if not hundreds of Rape and Sex Offense cases both as a prosecutor and as a criminal defense attorney.
I have written many times in this space about the importance of hiring an experienced criminal specialist when charged with any criminal offense. When dealing with Rape of Sex Offense charges, it is not just important, it is an imperative. I just finished successfully defending a 19 year old charged with Second Degree Rape in St. Mary’s County that was a shocking example of what can happen if this imperative is not observed. I was brought into the case 8 months after the charges were filed and just after the client’s current lawyer told him that he should plead guilty to Second Degree Rape and accept a 12 year prison sentence. His parents then reached out to me for a second opinion. Here are the facts:
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Experienced DWI/DUI Lawyers Avoid Mistakes
The client did possess a commercial driver’s license but when he was pulled over for exceeding the speed limit by 15 miles per hour, he was operating his personal vehicle. When the Trooper approached the defendant he smelled of alcohol, had a flushed face and had slurred speech. The Trooper asked him to step out of the vehicle to perform field sobriety tests. In the opinion of the officer, his performance on the field sobriety tests indicated that he was impaired by alcohol. He was taken into custody and once back at the barracks, agreed to take the breathalyzer. The test result was .11 grams of alcohol per 210 milliliters of breath. The case against the defendant was strong to be sure. The Trooper clearly had probable cause to pull him over as he was exceeding the speed limit by 15 miles per hour. Based on the smell of alcohol, his performance on the field sobriety tests and the Trooper’s other observations, it was also quite clear that the Trooper had probable cause to take him into custody and request that he take a breathalyzer. He blew a .11 which is above the legal limit of .08. The attorney pled his client guilty to the DUI “per se” charge under 21-902A2 of the Motor Vehicle Code. In mitigation, he explained his client’s circumstances to include that he was the father of 3 and the sole breadwinner for the family. He advised that he was a truck driver with a commercial driver’s license. The attorney then requested probation before judgment so that his client “would be able to maintain his CDL and his employment”. The judge granted the request, stuck the guilty verdict and entered probation before judgment. Both the client and the attorney walked out of the courtroom with looks of relief and satisfaction. But did the attorney really do a good job for his client? The answer is no because, presumably due to his lack of experience, he didn’t understand the law. What the inexperienced apparently didn’t understand is that under Maryland Vehicle Law 16-803, even a probation before judgment on 21-902A violation, Driving Under the Influence of Alcohol, violation results in the mandatory revocation of a person’s commercial driver’s license for a year for the first offense and a permanent revocation for a second or subsequent offense. The fact that he received probation before judgment does not prevent the MVA from suspending his commercial driver’s license as the attorney apparently believed. The appropriate way to handle a case like this would have been to either try to convince the prosecutor to allow the client to plead to the lesser offense of 21-902(B). Under this subsection the defendant would not be subject to having his commercial license revoked. I have convinced prosecutors to do this in these types of cases many times simply because it is more often than not the right thing to do. If the State’s Attorney were unwilling to accommodate, as they usually are in these types of cases, then the case must be taken to trial. The attorney should have moved to suppress the test result and argued to the court that the evidence was sufficient only for the 21902B violation, but not the 21902A violation. These arguments are successfully made on a variety of grounds every day in the district courts of this state. Because this was not done, this client is going to have a rude awakening when he is notified by the MVA that his commercial license and therefore his livelihood will be taken away for a year. Had this client taken the time to do a little research and hired a DUI/DWI specialist, it is highly unlikely that this would have occurred.As an Aggressive and Experienced DUI Attorney, I have represented dozens of Defendants in DUI cases who have commercial driver’s license. These cases pose a unique set of challenges and considerations for Maryland DUI Attorneys as the administrative sanctions associated with commercial driver’s licenses are far different than the sanctions associated with standard Class C driver’s licenses. I have blogged often about the importance of selecting an attorney who specializes in DUI/DWI Defense when charged with this serious offense and this advice is even more applicable to cases involving commercial driver’s licenses. Unfortunately, all too often we see attorneys with little or no experience with these types of cases appearing in court to represent clients. Because of their lack of experience, these attorneys often make mistakes that can have serious consequences for their clients.
Often these attorneys make simple mistakes that no experienced DUI/DWI attorney would ever make. I was representing a client in the District Court of Baltimore County a few days ago. While waiting for my case to be called I witnessed an attorney whom I know not to be a Criminal/DUI Specialist representing a client in a DUI case involving a defendant with a commercial driver’s license. I found out later that this attorney was a so called “general practitioner who spends the majority of his time handle divorce and personal injury matters. In other words, he was NOT a DUI/DWI specialist. Here are the facts.
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