Maryland Criminal Attorney Blog

As a Baltimore Maryland Criminal Attorney I am often confronted with cases in which the Baltimore City Police (and occasionally police from other jurisdictions) take a simple misdemeanor case and charge it as a major felony. I have blogged about overcharging by the Baltimore City Police in the past and unfortunately it seems to be happening more and more frequently. Although these cases are typically reduced by State’s Attorney’s Office at the preliminary hearing, the fact that the police originally charged the case as a felony can result in major negative implications for the person charged.

First of all, the fact that the case was overcharged will almost invariably result in a much higher bail than would have otherwise been set had the case been properly charged as a misdemeanor. The increased bail amount will at best cost the defendant additional money to secure bail and at worst, cause the person to have to remain in jail until the case is set in for the preliminary hearing or even until the trial which could be months in the future. Also, the expungement statute precludes a person from having any count in a charging document expunged if the person is eventually convicted of any count. With criminal records so readily available these days on the Internet, having felony charges on one’s record, even if they are eventually dismissed, can cause serious problems for people in a variety of areas including employment, especially in today’s job market. I recently represented a person who was charged with attempted first degree murder for what was nothing more than a misdemeanor second degree assault. As in most cases, the overcharging of the case caused severe repercussions for the client. Here are the facts of the case:
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Based upon sources in Baltimore, it is confirmed that George Huguely brutally attacked a University of Virginia male lacrosse player in his sleep in 2009. Eerily similar to the alleged attack and murder of Yeardlay Love, Huguely bloodied the face and caused head trauma to his teammate. The attack, which occurred last year, apparently was a retaliatory act against the teammate for allegedly kissing Love. It is also reported that Huguely was intoxicated during this attack as well.

Yesterday I posted a blog critical of George Huguely’s defense counsel for coming out of the gate and describing this murder an “accident with a tragic outcome”. I suggested that such a statement, if not supported by the facts, would forever undermine the credibility of the defense. Newly disclosed developments have boldened my position.

Today it is being reported that Huguely has two (2) prior run-ins with the law in Florida dating back to 2007. First he was charged with possession of alcohol as a minor in Palm Beach, and then police were called to intervene in a “very heated” argument involving his father and cousin.

These incidents proceed a 2008 arrest and conviction in Lexington Virginia where he was Tasered by police while shouting “I’ll kill all you bitches” to a female officer.

A lawyer needs to be very carefull about what he says in the early stages of a high-profile murder case that has peeked a communities interet or rage. I was cognizent of this in my statements to the media after the bail review in the Nicholas Browning multiple homicide case. I am surprised the Huguely defense was not tempered as well. The Huguely defense team, by calling this an “accident” has done irreputable harm to the goals of the defense, but arguably not to the ultimte goal of justice.
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The Baltimore community, as well as the entire nation, is sickened by the senseless murder of Notre Dame Prep and University of Virginia student-athlete Yeardley Love. Although news reports are often inaccurate in the early stages of a criminal investigation, it appears from a reading of the application in support of the search and seizure warrant filed by the Charlottesville police, that the facts in this case are relatively straightforward.

At one time, Ms. Love, a women’s varsity lacrosse player, was dating a member of the men’s counterpart at the University of Virginia. The relationship went south and apparently Huguely was not happy with that development. He sent what will likely turn out to be incriminating emails to Love on the evening of the murder. He was so enraged by her responses, or lack thereof, that he felt compelled to pay her a visit in the early morning hours. He kicked in her door and repeatedly bashed her head against the wall with such force that he caused lethal injury. Hugely is a reported 6’2″ and 210 pounds.

While leaving the scene, Huguely took off with Love’s computer-presumably to conceal the earlier email exchange. It should also be noted that Huguely never called the police. Instead, I have learned through reliable sources in the Baltimore community, Huguely knocked on the door of another fellow student around 2:00am and slept on his couch. Huguely was reported to have been drinking earlier.

Fast forward to Huguely’s Tuesday morning bail review. His lawyers tactically delayed the bail review because 1) there was no chance Huguely would get a bail and 2) they did not want additional facts aired in public before the defense lawyers could try to spin the facts . As a criminal defense lawyer who has handled many high-profile cases, I can not blame them for this tactic. What I do criticize is the defense attorney’s public statement that followed the waived hearing:

“Until more information becomes available, it is our hope that no conclusion will be drawn or judgment made about George or his case,” the defense lawyer said. “However, we are confident that Ms. Love’s death was not intended, but an accident with a tragic outcome.”
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