Recent Blog Posts
Maryland Police Question You Without Reading Your Miranda Rights
If you are arrested in Maryland, the police should inform you of your rights before any questioning begins. These rights are known as Miranda rights, and they are a critical part of protecting your freedom. What happens if the police do not read them to you? Can the case against you still move forward?
Understanding how these rights work is essential if you are under investigation or facing charges. A Townson, MD criminal defense attorney can help.
What Are Miranda Rights?
Miranda rights come from a 1966 Supreme Court case, Miranda v. Arizona, and they are directly tied to the Fifth Amendment, which protects people from being forced to incriminate themselves. Police officers must read these rights before they begin any custodial interrogation. They include:
Alternative Sentencing for Drug Offenses in Maryland
If you are facing charges for a drug crime in Maryland, the potential consequences of conviction can be intimidating. However, not every case ends with jail time. In some situations, the court may offer alternative sentencing options instead of incarceration. These alternatives focus on treatment and rehabilitation, especially for non-violent or first-time offenders. An experienced Bel Air, MD drug crimes defense attorney can help you understand alternative sentencing and fight for the best outcome.
What Does "Alternative Sentencing" Mean in Maryland?
Alternative sentencing refers to a court-approved program that allows eligible individuals to avoid jail or prison by completing certain requirements. These options are designed to address the underlying causes of drug-related offenses, such as addiction or mental health issues. Maryland courts recognize that locking someone up is not always the best way to prevent future crimes, especially when substance use is involved.
How Do You Fight a Carjacking Charge in Maryland?
Facing a carjacking charge in Maryland is rightfully intimidating. A conviction carries the risk of a long prison sentence and a permanent criminal record. Whether the allegations involve threats, violence, or weapons, the consequences are severe. A Glen Burnie, MD carjacking defense attorney can help protect your rights and fight for the best possible outcome. Understanding how Maryland law defines carjacking and knowing your potential defense is necessary if you want to fight the charge.
Definition of Carjacking Under Maryland Law
According to Maryland Criminal Code § 3-405, carjacking is a serious felony offense. The statute defines carjacking as the taking of a motor vehicle from someone by force, violence, or intimidation. Unlike auto theft, which typically involves stealing an unattended or parked vehicle, carjacking requires a direct confrontation with the victim. This element of force or threat sets carjacking apart, elevating it from a property crime to a violent offense.
Recent Legal Changes Addressing Revenge Porn in Maryland
The legal landscape surrounding tackling the non-consensual sharing of intimate images is evolving rapidly out of necessity. Both Maryland’s state government and the federal government have introduced new measures aimed at protecting victims and holding online platforms accountable for revenge pornography. If you are, or fear you might soon be, facing accusations of revenge pornography, an experienced Bel Air, MD revenge pornography defense attorney can help you understand how these updates could impact your defense strategy.
Revenge Pornography Law Changes in Maryland
Maryland House Bill 1248 (HB1248) is a newly introduced bill that focuses on addressing the non-consensual distribution of intimate images or depictions. The aim is to stop the creation and distribution of revenge porn by requiring online platforms, like social media companies, to establish procedures for individuals to request the removal of this content as quickly as possible. The law is an update to Maryland Criminal Law §3–809, potentially broadening the scope of what can be considered unlawful distribution.
What To Expect From a Domestic Violence Case in Maryland
In the aftermath of a domestic violence incident, you have a window of opportunity to start building a strong case to challenge the charges against you and fight to protect your rights. To ensure you have the most robust defense strategy available, you need the guidance of an experienced Glen Burnie, MD domestic violence defense attorney. The laws that govern these cases can be complex, but with legal counsel, you have an invaluable asset to help challenge the prosecution’s evidence against you and protect your future.
Criminal Proceedings for Domestic Violence Cases in Maryland
If you have been charged with a crime, like assault, for an act of domestic violence, you will face criminal proceedings in Maryland. After your arrest, which should only occur if the police who arrived at the scene had probable cause to believe that you committed a crime, you make your first appearance in court. During this appearance, the judge will make decisions regarding bail availability and release conditions.
Potential Penalties for Felony Possession of a Firearm in Maryland
If you were charged with felony possession of a firearm, you could be facing severe penalties, including prison time and hefty fines. A knowledgeable Glen Burnie, MD illegal firearm possession attorney can help you understand the charges against you and the potential defenses that apply to your case. Consider the possible penalties and what you can do to protect your rights.
What Are the Types of Gun Crimes Related to Illegal Possession Under Maryland Law?
Many gun offenses can be related to illegal firearm possession. Some examples of felony or potential felony charges include:
The DUI/DWI Court Process in Maryland: From Arraignment to Trial
If you are facing a DUI/DWI charge, especially for the first time, you likely have many questions about what to expect from the legal process. Knowing what to expect offers some comfort in an otherwise difficult situation, and a Bel Air DUI defense attorney will walk you through the different phases as they apply to your case. Consider the basic elements of the DUI legal process so that you can make an informed decision about choosing legal representation.
What Happens During an Arraignment for a DUI in Maryland?
The court process begins with your arrest and the charges against you. Following your arrest, you will go before a judge for arraignment. This is where the charges against you are formally presented, and you will enter your plea, which can be guilty, not guilty, or no contest.
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.
Why Seger Law
is the right
firm for you.
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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100 West Road, Suite 300
Towson, MD 21204
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