Maryland Criminal Attorney Blog

Two Contintental Arms Gun Range Cases Successfully resolved

April 30, 2013 | Brian G. Thompson

As an Aggressive Baltimore Maryland Criminal Attorney I have handled more of these Continental Arms Gun Range Cases that any other attorney that I am aware of. Last week I handled two of theses case in the Circuit Court for Baltimore County. Both defendants were facing mandatory 5 years prison terms – neither served a day in jail and both received unsupervised probation.

I have blogged about these cases several times in the past noting that in my view, these cases represent the worst in law enforcement and are in many ways counterproductive to main objective of law enforcement which is, of course, to keep the community safe. The reason for my belief that these cases are in fact counterproductive stems from both the simple fact that these cases are prosecuted in the first place, and this fact is compounded by the “scorched earth” tactics utilized by the police to investigate them. More on that later but here are the facts of the cases:
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DUI Repeat Offender is Second Not Guilty This Week in DUI Case

February 26, 2013 | Brian G. Thompson

As an Aggressive Baltimore Maryland DUI Attorney I have handled literally thousands of DUI cases both as a former prosecutor and as a defense attorney. I have written several times in this blog that it is extremely difficult these days to secure a not guilty in a DUI case on the issue of whether in fact the client was under the influence or impaired. I have won more than my fair share of DUI trials over the last 15 years since I left the State’s Attorney’s Office but the overwhelming majority have been on technical issues such as an illegal stop or the State’s inability to prove that my client was the operator of the vehicle.

I published a blog last week about a DUI trial that I won on the impairment issue but that was only one of two that week. I won a second on this issue in spite of the fact that my client had 3 recently consumed beer cans in the car when he was stopped and told the police that he would not do the field sobriety tests because he “would fail them”. That case was scheduled in the District Court for Baltimore County last Friday. Here are the facts:
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Not Guilty in DUI Case Where Defendant Blows .15 on PBT

February 22, 2013 | Brian G. Thompson

As a Baltimore Maryland DUI/DWI Lawyer, I have handled more than 5,000 DUI cases. I have blogged many times about the new laws that have been passed in recent years, particularly the DUI Per Se law, making it increasingly difficult to get Not Guilty verdicts for clients in these cases. More often than not, if the police have probable cause for the stop, it is a relatively easy matter for prosecutors to prove the balance of their case. particularly if the person submits to a breathalyzer and the result is .08 or greater.

I represented a client in Baltimore County District Court this week whose case proved to be one of the exceptions to the rule. In spite of the fact that she blew a .15 on the PBT at the scene, I secured her not guilty verdicts on each of the alcohol related offenses. Here are the facts:
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Johns Hopkins Gynecologist Dr. Nikita A. Levy

February 19, 2013 | Steven D. Silverman

Sexual assault and child pornography. These words have thus far been missing from the discussion concerning former Hopkins doctor Nikita A. Levy’s alleged filming of his patients in various states of undress. Dr. Levy’s alleged actions constitute a form of sexual assault against every patient he filmed in this manner. Moreover, Dr. Levy (and potentially others) are guilty of possessing, manufacturing and distributing child pornography to the extent that any of the victims were under age 18.
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John Hopkins Gynecologist Nikita Levy Likely Violated Child Pornography and Other Criminal Statutes

February 19, 2013 | Brian G. Thompson

As a Former Baltimore Prosecutor and current criminal attorney I have been involved in the prosecution of hundreds of child sex offenders. The disgraced and now deceased Johns Hopkins Gynecologist, Dr. Nikita Levy, would have likely faced prosecution under multiple federal and state criminal statutes had he not apparently committed suicide. The police are conducting an investigation that could potentially lead to charges against others if they either conspired with him to collect the images without the knowledge of the victims or if the materials were distributed to by others. In addition to many other areas of practice at STSW, we have a Practice Area Exclusively Dedicated to the Protection of Victim’s Rights.

Among the most serious charges that could have been filed against Dr. Levy and anyone who may have participated with him in these crimes, are charges involving the possession, distribution and manufacture of child pornography. According to news reports, many of his long time patients sent subsequently sent their daughters to him for gynecological care. Assuming any of the large cache of photos allegedly found in his home, turn out to be of minor victims, these statutes have undoubtedly been violated.
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An Online Map to the Guns: Privacy, Gun Owners and Safety

January 18, 2013 | Steven D. Silverman

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 holders in each county, with their home addresses. (New York state law requires that the identity of gun permit holders be made public.) Wisely citing safety concerns, Putnam County officials, however, refused to release to the Journal News their gun permit holders’ personal information.
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It’s a Dirty Job: Protect Yourself Against the Clean Water Act

January 16, 2013 | Steven D. Silverman

Recently there have been unprecedented fines and prison terms handed down by judges in Maryland and nationwide for Clean Water Act violations and other environmental crimes. On December 5, 2012, Judge Stagg of the Western District of Louisiana sentenced John Tuma, a former general manager of Arkla Disposal Services, to 60 months in prison, 36 months probation thereafter, and a $100,000 fine for violations of the Clean Water Act (“CWA”). Tuma worked at Arkla’s Shreveport, Louisiana wastewater treatment facility where he allegedly oversaw the discharge of untreated wastewater. Based on those allegations, a federal jury convicted Tuma on 3 counts of violating the CWA, 1 count of conspiracy to violate the CWA, and 1 count of obstructing justice with respect to the EPA’s inspection of the Arkla facility. Tuma has appealed the conviction and sentencing.
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Trafficking Narcotics with Firearms Count DISMISSED – Client Avoids Mandatory 5 Year Sentence

January 2, 2013 | Brian G. Thompson

As Aggressive Maryland Criminal Attorneys, the Criminal Defense Team at STSW represents scores of defendants each year who face Mandatory Sentences that must be served without parole for violating Narcotics and Firearms Laws. I have written about many of these cases in the past as they tend to be among the most difficult cases that criminal defense attorneys confront. A few weeks ago I represented three members of a family who had been charged with Trafficking Narcotics with a Firearm.

In addition to this count, the father was also charged with being a Felon in Possession of a Handgun. Both of these counts carry Minimum Mandatory Penalties of five years in prison without the possibility of parole. Needless to say it was a very serious case. Here are the facts:
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University Assault Case Sucessfully Resolved

September 17, 2012 | Brian G. Thompson

I have blogged my times about the need to hire and Experienced and Aggressive Criminal Attorney if charged with a criminal offense in Maryland. I usually begin these blogs by positing the question, “Did you hire the right lawyer”. The reason for this is that so many people do not inquire into the experience and qualifications of an attorney before hiring him or her. Sometimes the lack of qualifications is a basic as the lawyer is simply not a criminal attorney but instead is a divorce lawyer or a personal injury lawyer. Sometimes it is lack of experience in a particular type of case or in the jurisdiction in which the defendant is charged.

Hiring the wrong lawyer is obviously a mistake regardless of the type of case at issue, but in a criminal case, the mistake can cause lifelong negative consequences. Unfortunately I witness this happening in court virtually everyday. I recently resolved an assault case that is a good example of this. Here are the facts:
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Second Offense DUI Not Guilty in Harford County

June 21, 2012 | Brian G. Thompson

As an Experienced and Aggressive Criminal and DUI Attorney I have successfully defended hundreds of people who were charged with DUI and DWI in Maryland Courts. As most people are aware these laws are being more strictly enforced by the police and more aggressively prosecuted by the State every year. Nowadays, repeat offenders, including second offenders routinely go to jail if convicted.

I successfully represented a second offender in Harford County last week. The State was seeking a 30 day jail sentence for this single mother of two. Needless to say this would have been a devastating result for her. Here are the facts:
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Excellent Outcome in Difficult and Emotional Automobile Manslaughter Case

June 1, 2012 | Brian G. Thompson

https://www.silvermanthompson.com/lawyer-attorney-1300820.htmlAmong the most difficult cases that Maryland Criminal Attorneys find themselves involved in are https://www.silvermanthompson.com/lawyer-attorney-1300820.html. These cases are always tragic but they become even more so when the person who is killed is a passenger and close friend or family member of the driver.

Most of these cases involve young people who are out together and are using alcohol and/or drugs. These cases also typical involve excessive speed or other dangerous driving. The driver is almost always a decent person without a record who never intended to hurt much less kill anyone. I concluded a particulary tragic case like this in Baltimore County Circuit Court this week. It was, in all honesty, among the most difficult and emotionally taxing cases of my career. Here are the facts:
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Another Ridiculous Shooting Range Gun Charge

May 25, 2012 | Brian G. Thompson

https://www.silvermanthompson.com/lawyer-attorney-1300820.htmlAs a Baltimore Maryland Criminal Defense Attorney I have represented dozens of people who have been charged with being in possession of a handgun after being convicted of a felony, a crime of violence or any other disqualifying crime. Many of these prosecutions have been meritorious cases in which the defendant had a serious criminal record, knew full well they were prohibited from possessing a handgun and chose to carry a weapon on their person or in their car in spite of that knowledge. These charges are serious and are prosecuted aggressively by every State’s Attorney’s Office in the State. Quite often the prosecutors reasonably choose to seek the mandatory five year without parole sentence against defendants who have serious felony convictions or convictions or crimes of violence.

On the other end of the spectrum are people who many years in the past were convicted of what they at least thought was a very minor misdemeanor and they legitimately did not know that they were prohibited from possession a handgun. To make matters worse, in many of these cases the defendant did not even possess a weapon in the way most people interpret the term “possess” and instead get charged for doing something like shooting a weapon they do not own at a shooting range. I have represented many people over the years who have been charged in these so called “gun range” cases most every one of which should never be prosecuted, but I was recently hired in perhaps the most outrageous one I have ever seen involving an active duty combat soldier in our Armed Forces. Here are the facts:
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Trafficking Narcotics with Firearms Case Successfully Defended

May 11, 2012 | Brian G. Thompson

As an Aggressive and Experienced Baltimore Maryland Criminal Attorney, I have handled thousands of felony narcotics cases including Possession with the Intent to Distribute CDS and Distribution of CDS cases. These cases are serious matters in and of themselves with the potential of serious incarceration for a defendant. These cases become exponentially more serious when handguns and/or other firearms are seized along with the drugs.

Narcotics trafficking with firearms charges subject a defendant to an additional 20 year jail term on top of any sentence for the Felony CDS charges. More importantly, these charges carry a MANDATORY MINIMUM SENTENCE of five years in prison without the possibility of parole. In most instances, prosecutors reserve these charges for the worst and most violent offenders. Occasionally however, a prosecutor pursues these charges against defendants who don’t appear to fall into that category. I successfully defended a case in Baltimore County Circuit Court last week in which narcotics trafficking with firearms charges were pursued against 3 defendants who most certainly did not represent the worst of the worst violent drug dealers. At least that is my opinion. I found the decision to pursue a “five no parole count” against these defendants troubling to say the least, but I became even more troubled when I learned the details of how the police came to suspect these men as well as the nature and extent of the investigation into them. Here are the facts (as always I will be somewhat vague where necessary to protect my client’s anonymity and privacy).
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Craig’s List Sting Operations for Solicitation of Minors for Sex Cases on the Rise

March 6, 2012 | Brian G. Thompson

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 List initiated Solicitation of Minors for Sex cases being charged, particularly in Baltimore County. Most of us are familiar with this type of sting operation from the Chris Hanson “To Catch a Predator Series” on MSNBC. These are extremely serious cases that are prosecuted aggressively by both the State and Federal authorities. It is imperative that a person charged in one of these stings immediately retain the most experienced, aggressive and influential attorneys they can find.

My law partner former Federal Prosecutor Andrew C. White who directed the Child Sex Offense of the U.S. Attorney’s Office for over 7 years, and I have teamed up to successfully resolve dozens of these cases over the past decade or so when we first starting seeing these sting operations. It is imperative to have someone very experienced and influential in the federal system as there is dual federal and state jurisdiction to prosecute these cases. We were hired by someone caught up in one of these investigations just last week. I won’t go into the specifics of any of the cases for obvious privacy reasons, but here is an outline of a typical case such as this.
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Should I Take the Breathalyzer if I am Pulled Over for DUI/DWI

February 28, 2012 | Brian G. Thompson

As a Maryland DUI/DWI Attorney I am frequently asked by friends and acquaintences whether they should take the breathalyzer if they are stopped for suspicion of Driving Under the Influence . This question is almost invariably followed by the statement, “because I have always heard that you should never take it”.

I am not completely sure where this idea that one should never take the breathalyzer came from, although I suspect it is simply dated advice that is still being recirculated because in my view, under most circumstances, a person who is stopped by the police should take the breathalyzer if asked to do so. Here’s why:
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