Recent Blog Posts
Searches and Seizures: Were Your Rights Violated?
The Fourth Amendment to the United States Constitution affords you a very important right to be free from unreasonable searches and seizures. When that right is violated in an investigative process, any evidence collected during the search likely cannot be used against you. An experienced Bel Air, MD Fourth Amendment defense rights attorney can help you understand the law that governs searches and seizures and how it may impact your case.
Understanding Your Fourth Amendment Rights
The Fourth Amendment explicitly states that people have the right "to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." It also clarifies that without probable cause, a warrant cannot be issued to search you or your property. This does not mean that all searches and seizures are unconstitutional. It just means that they have to be for a good reason. Unfortunately, even with the legal requirements clearly stated, illegal searches and seizures still occur.
Common Defenses Against Drug Possession Charges in Maryland
Drug possession is a serious crime. If convicted, you can face jail time, heavy fines, and a stain on your permanent record, but you do not have to fight these charges alone. An aggressive Glen Burnie, MD criminal defense attorney will walk you through how the most common defenses may apply to your case and work in your favor.
Lack of Possession
According to Maryland law, "possession" can be actual or constructive. Actual possession refers to drugs found directly on you, whereas constructive possession means the drugs were found somewhere that is controlled by you. For example, drugs found in your pockets would constitute actual possession, but drugs found in your car or house would be constructive possession.
Facing Child Pornography Charges in Maryland
Being charged with child pornography can be one of the most difficult things you have ever faced in your life. Whether you are guilty of the charges or not, the court of public opinion will certainly want to weigh in. Because child pornography has received so much media attention over the last ten years or so, defendants facing these charges can be treated just as harshly as those who commit violent crimes such as rape and murder.
The sentence can be harsh, and you could be required to register as a sex offender, which will alter your life in many different ways. If you think you might be under investigation or have been arrested and charged with child pornography, it is extremely important that you speak to a Glen Burnie, MD criminal defense attorney.
Is Child Pornography a State or Federal Crime?
If a child pornography case affects interstate commerce, it will likely be charged under federal statutes. Federal convictions typically have more serious penalties, including longer prison sentences. Federal sentencing guidelines are complex and full of aggravating factors that can affect the sentence. If no interstate commerce is affected, the offense will be charged by the state.
Will I Lose My Nursing License for a Felony Conviction?
It takes a lot of hard work and dedication to become a nurse. You have put in countless hours studying and learning through hands-on experience, and you are now in an immensely rewarding and in-demand line of work. Losing your nursing license due to a felony conviction could be devastating. Fortunately, being convicted of a felony does not automatically mean that your nursing license will be revoked. However, the Maryland Board of Nursing will likely conduct an investigation and hold a hearing to determine whether you can keep practicing. The MBON may choose to revoke your license, suspend your license, or place you on probation. What happens in your criminal case can have a great impact on how the MBON will look at your case. It is important to promptly inform your Bel Air, MD criminal defense lawyer that you hold a professional license. When protecting your nursing license is a high priority, your attorney will need to approach your case with special care.
Can a Juvenile Sex Offender Go to School?
Juvenile sex crime prosecutions for things like revenge porn and child pornography have increased during the age of cell phones. It is easier than ever for teenagers to photograph or film other minors in sexual situations, with or without permission. Incidents of minor-on-minor sexual assault are being taken much more seriously today than they may have been in the past. Minors who are convicted of a sex crime are placed on the juvenile sex offender registry. Traditionally, registered sex offenders are not permitted on school grounds. Up until now, many juvenile sex offenders have been permitted to keep attending brick-and-mortar schools in Maryland.
However, a new bill that passed the Maryland legislature in April of 2024, will prohibit juvenile sex offenders from attending school in person with other students. If your child has been accused of a sex crime, you should reach out to an aggressive Towson, MD juvenile sex offenses attorney immediately. Being convicted of a sex crime, even as a juvenile, can have lifelong repercussions.
What is The Difference Between Theft and Robbery?
Theft and robbery are two closely related offenses. Both involve the illegal taking of another person’s property. However, robbery is considered a violent crime, while theft is considered a mere property crime. This usually means that robbery is punished much more harshly than simple theft. The main difference between theft and robbery is that robbery involves using force or threat of force to deprive another person of his or her property. Theft is usually carried out while the property owner is not present or at least is not actively watching his belongings. Robbery is only charged when the property was taken forcibly from the owner or when the offender threatened to use force to get the owner to give up his or her property. If you are facing robbery, theft, or burglary charges, you need an experienced Towson, MD criminal defense lawyer. All of these charges can result in substantial jail time and should be taken seriously.
Preparing For a Court-Ordered Substance Abuse Evaluation
It is well-known that substance abuse disorders can drive ordinarily law-abiding people to become involved with the criminal justice system. People who become addicted to drugs are often motivated to commit crimes like theft, robbery, or prostitution to keep paying for substances. Violent crimes like assaults are another common result of substance abuse. Then, there is the fact that people can be arrested just for possessing the illicit drugs they are addicted to. Alcohol use can be just as problematic as illicit drug use for many. If you are arrested and the court suspects that you have a substance abuse disorder, you may be ordered to submit to a drug and alcohol abuse evaluation. A well-qualified Towson, MD criminal defense attorney can help you take advantage of court-ordered substance abuse treatment programs to resolve your charges and set you on a better path in recovery.
How an Order of Protection Can Affect Your Life
Orders of protection can be an essential tool for survivors of serious domestic violence who are trying to leave their abusers. However, orders of protection can easily be abused by people who are simply angry at a current or past romantic partner after a breakup or big fight. Civil orders of protection are often issued based only on the petitioner’s accusations, with no solid evidence that the defendant was ever abusive. Even when orders of protection are issued during a criminal domestic violence case, they can still be based on the same unproven accusations that led to the charges. If an order of protection has been issued against you, you must follow every requirement listed in the order to avoid being arrested, no matter how inconvenient it may be. You should contact an experienced Towson, MD orders of protection attorney as soon as you find out someone has asked the court for an order of protection against you.
When Can the Police Enter My Home Without a Warrant?
Normally, the police need a warrant to enter your home over your objections. The general rule is that if you do not give the police permission to enter, they should not be able to come in without a warrant. However, there are a few exceptions to the rule. The police may be able to enter your home without a warrant or permission if there are exigent circumstances. Unfortunately, the police do not always use these exceptions in good faith. Some officers will stretch the truth or make unreasonable assumptions when they want to enter a home. If you were subjected to an unconstitutional search, an experienced Bel Air, MD criminal defense attorney may be able to have evidence gained from the illegal search suppressed.
The Hot Pursuit Exception
If the police are actively chasing a suspect, they can continue chasing him when he enters a private residence. Otherwise, anyone running from the police could easily evade arrest by simply fleeing into someone’s home. This could result in stand-offs while the police wait for the suspect to come out or give fleeing suspects the opportunity to pick up a weapon while the police stand outside.
What to Know About Field Sobriety Tests in the Winter
Field sobriety tests are like speed limits. Speed limits are designed to allow maximum safe speed in fair weather conditions. Field sobriety tests are designed to detect whether someone is over the maximum safe BAC but are also designed to be used in fair weather conditions. When you are pulled over on suspicion of intoxicated driving, the police officers will most likely expect you to take the field sobriety tests wherever you were pulled over. If the weather is clear and above freezing, most sober people will be able to pass these tests. However, if you are trying to take the tests in freezing, snowy weather, the tests might not accurately reflect whether you are sober. An experienced Towson, MD DUI attorney may be able to have the results of your field sobriety tests excluded if this happened to you.
What Are Field Sobriety Tests Measuring?
Field sobriety tests are not scientific tools meant to measure your BAC - only a lab test can do that. Instead, field sobriety tests are meant to help police officers determine whether you appear intoxicated. In short, field sobriety tests are a tool to help police officers justify DUI arrests based on probable cause.
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We are dedicated to providing you with the defense you need against criminal charges and protecting your rights at all times. No case is too big or too small, and our experience prosecuting and defending criminal cases ensures that you will have the skilled legal representation you need.
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