Posted on September 13, 2024 in DUI/DWI

In Maryland, when you are pulled over on suspicion of driving under the influence (DUI) or driving while impaired (DWI), you do not have to consent to a breathalyzer test. However, under Maryland's implied consent law, by driving on public roads, you have already agreed to submit to chemical tests, such as breath or blood tests, if an officer has reasonable grounds to suspect impairment. Refusing to take the test is within your rights, but it carries serious consequences, both legally and practically. If you have been arrested for a DUI or for refusing a breathalyzer test, your future may be at stake. Contact a Maryland criminal defense attorney right away.

What Happens if I Refuse the Breathalyzer Test?

Refusing a breathalyzer test in Maryland triggers administrative penalties from the Maryland Motor Vehicle Administration (MVA). If you refuse, your driver’s license will be automatically suspended for 270 days for a first refusal. If you refuse again within five years, the suspension increases to two years. You may also be required to install an ignition interlock device on your vehicle. While refusing the test might prevent the police from obtaining direct evidence of your blood alcohol concentration (BAC), prosecutors can still pursue charges based on other evidence, such as erratic driving, failed field sobriety tests, or officer testimony.

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 Posted on August 28, 2024 in Sex Crimes

Virtually everyone today owns a smartphone. This is especially true of younger generations, many of whom have been living much of their lives online for as long as they can remember. This includes relationships which, although mostly conducted in person, still have many online aspects. 

One of these aspects is the photos and videos that couples often send to each other. Intimate media shared between consensual couples is not a crime, but imagine the relationship ends badly. What happens to those photos and videos if someone decides they want revenge? 

In the heat of the moment, one person decides to get back at the other by sharing intimate photos or videos online without consent. Often done out of anger or spite, this behavior is increasingly common and is known as "revenge porn." It can have devastating effects on the victim, causing embarrassment, mental anguish, and damage to their reputation. 

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 Posted on August 12, 2024 in Criminal Defense

As a convicted felon in Maryland, possessing a firearm can lead to severe legal consequences. A Maryland lawyer can help you understand the potential penalties and important factors to consider if you find yourself in this situation.

Federal and State Laws

Both federal and state laws prohibit convicted felons from possessing firearms. In Maryland, this restriction applies to all types of firearms, including handguns, rifles, and shotguns. The law aims to protect public safety by keeping weapons out of the hands of individuals with certain criminal histories. This prohibition extends beyond ownership to include any form of possession, even temporary control of a firearm. 

It is important to note that these restrictions also cover ammunition and firearm components. The law applies to both actual and constructive possession, meaning a felon can face charges even if the firearm is not directly on their person but is under their control, such as in their home or vehicle.

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 Posted on July 23, 2024 in Drug Crimes

Drug trafficking charges in Maryland carry severe consequences, including substantial fines and lengthy prison sentences. If you find yourself facing drug trafficking allegations, it is helpful to understand both the legal repercussions and potential defense strategies. A Maryland lawyer can help to protect your rights and future.

What to Know About Maryland’s Drug Trafficking Laws

Maryland law defines drug trafficking as the manufacture, distribution, dispensing, or possession with intent to distribute controlled dangerous substances. The state categorizes drugs into five schedules, with Schedule I drugs like heroin carrying the harshest penalties. Depending on factors such as the type and quantity of drugs involved, as well as any prior convictions, sentences can range from five years to life imprisonment.

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 Posted on July 08, 2024 in Criminal Defense

Sentencing in criminal cases can have long-lasting impacts on your life. However, under certain circumstances, it may be possible to seek a modification of a sentence. This process, while challenging, can provide an opportunity to potentially reduce your sentence or alter its terms. A Maryland lawyer can help you understand the intricacies of sentence modification.

Is it Possible to Get a Modification?

In Maryland, the possibility of sentence modification exists, but it is subject to specific rules and limitations. The Maryland Rules of Criminal Procedure, particularly Rule 4-345, govern the process of modifying a sentence. Generally, a court has revisory power over a sentence for five years from the date the sentence was originally imposed or when the defendant was received by the Division of Correction, whichever is later. However, there are exceptions to this rule, such as the court’s ability to correct an illegal sentence at any time.

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 Posted on June 21, 2024 in Robbery and Carjacking

Carjacking is a serious felony offense in Maryland, carrying potential penalties of up to 30 years in prison. If you have been charged with carjacking, you must understand your legal options and potential defenses. While the specific circumstances of each case vary, several common defenses may apply to your situation. A Maryland lawyer can help you determine the direction you should take for your case.

The First Thing You Should Do After Your Charge

After being charged with carjacking, the first and most important step is to secure experienced legal representation. An attorney can assess the unique facts of your case, advise you of your rights, and develop a strong defense strategy tailored to your situation. Avoid discussing your case with anyone other than your lawyer, as statements made to law enforcement or others could be used against you in court.

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 Posted on June 06, 2024 in Criminal Defense

If you are facing a felony firearm possession charge, you might feel overwhelmed and uncertain about your future. The consequences of a conviction can be severe, including hefty fines and lengthy prison sentences. However, remember that an arrest does not equal a conviction. With the right legal strategy with a Maryland lawyer, you may have defenses available to fight the charges and protect your rights.

Make Sure You Understand the Felony Firearm Possession Charge

In Maryland, it is illegal for certain individuals to possess firearms, including those convicted of a felony, a misdemeanor, or a crime of violence. If you are caught with a gun under these circumstances, you could face felony charges.

Potential Defenses for Felony Firearm Possession

While every case is unique, there are several common defenses that a criminal defense attorney may explore when defending against felony firearm possession charges:

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 Posted on May 29, 2024 in Criminal Defense

Unreasonable searches and seizures are a significant concern for individuals facing criminal charges. The Fourth Amendment of the United States Constitution and Article 26 of the Maryland Declaration of Rights protects citizens from unlawful intrusions by law enforcement. A Maryland lawyer can help you understand what constitutes an unreasonable search and seizure under the law and how it can impact your criminal case.

The Necessity of Probable Cause

For a search or seizure to be considered reasonable, law enforcement officers must establish probable cause. Probable cause exists when sufficient evidence leads a reasonable person to believe that a crime has been committed or that evidence of a crime will be found in a specific location. If probable cause is lacking, any evidence obtained during a search may be inadmissible in court.

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 Posted on May 10, 2024 in Drug Crimes

Being accused of drug distribution is an extremely serious matter in Maryland. A conviction can result in years or even decades behind bars and a permanent criminal record that wreaks havoc on your personal and professional life. If you or your company have been accused of distributing illegal drugs, it is critical to understand the law and create a vigorous defense. A Maryland lawyer can help you with the necessary steps.

What You Should Know About Maryland’s Drug Distribution Laws

In Maryland, drug distribution charges fall under Criminal Law § 5-602, which prohibits the manufacture, distribution, possession with intent to distribute, or dispensing of controlled dangerous substances (CDS). This covers a wide range of illegal drugs, including heroin, cocaine, MDMA, methamphetamine, LSD, and more.

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 Posted on April 19, 2024 in Criminal Defense

Facing rape charges in Maryland is daunting, scary, and overwhelming. Being convicted of such a serious felony will have an irreversible impact on your reputation, future, and freedom. If you have found yourself in this troubling situation, you must understand the potential defense strategies available to you.

In Maryland, such as in other states, the legal system has specific laws and procedures that govern rape cases, and having as strong a defense as possible can make a significant difference in the outcome of your case. Building a strong and aggressive defense against the charge of rape begins with hiring a skillful attorney.  

Consent and Lack of Evidence 

One effective defense strategy in many rape cases is to argue that the sexual encounter was consensual. However, proving consent can be challenging, as it often comes down to a "he said, she said" situation. But especially when there is a lack of physical evidence or witnesses to support the accuser's claim that the encounter was non-consensual, the defense could argue the encounter was, in fact, consensual.

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