Baltimore Criminal Defense Lawyer Blog

Local Politicians Convicted of DUI

Sat, 18 May 2013 17:38:13 -0500

It is no longer surprising to see an American politician wind up in the news with some sort of personal legal issue. It's is an unfortunate sign of the times, but our country's so called leaders seem to only make the news when they are in trouble. Most politicians outside of the heavy hitters remain relatively anonymous until the day their mug shot is plastered on our television or computer screens. Everyone knows Obama and O'Malley, but how many citizens actually know who their state and local representatives are? In the last few months, two Maryland politicians have become better known thanks to run ins with the law. Both of these incidents involve alcohol, as both were charged and subsequently convicted of DUI.

The first conviction occurred a few weeks ago, when Baltimore County councilman, Todd Huff pled guilty to drunk driving. The councilman was stopped by police on York Road in Towson while driving his county issued vehicle. It was later determined that he had a blood alcohol level of .20, which is more than twice the legal limit. Because of Huff's political position, the Baltimore County State's Attorney's office declined to prosecute the case, and Harford County prosecutors stepped in to finish the job. The prosecutor recommended a jail sentence, but the circuit court judge did not feel mandatory jail was warranted. Instead, the judge sentenced Huff to two years of supervised probation and a one-year suspended jail sentence. If the councilman were to violate his probation he could be sentenced to the suspended jail time after a VOP hearing. The sentence appears to be on par with other Baltimore drunk driving cases with similar facts. Had the councilman been arrested in the prosecutor's Harford County he undoubtedly would have been worse off.

DOJ Reaffirms Citizens's Right To Photograph And Record On Duty Police

Wed, 08 May 2013 13:27:38 -0500

About a year ago the Blog posted an article addressing the issue of whether it is legal to video record a police officer engaging in his or her duties. While there is clearly no state or federal law prohibiting this protected First Amendment behavior, the answer is not so simple. In other words, despite no specific law prohibiting the act of filming a cop, it's not legal if the police can just arrest you for disorderly conduct or some other petty offense. A year ago, the Maryland Attorney General issued an opinion advising police departments around the state that the public has the right to video record its officers. The Department of Justice, or DOJ, also filed an 11-page letter with the court in a Baltimore City civil rights lawsuit. The lawsuit was based on a 2010 incident at the Preakness where a man's phone was confiscated after he was seen recording the police make an arrest. This DOJ letter pointed out that the Baltimore Police Department's policies do not adequately protect a citizen's right to record cops. Recently, the DOJ has once again reiterated its stance on this issue by filing another letter with the United States District Court in Maryland.

Governor Signs Medical Marijuana And Other Bills Into Law

Sun, 05 May 2013 22:33:39 -0500

The 2013 legislative session officially came to an end last month, but 265 bills still awaited Governor O'Malley's signature before they could make the transformation to state laws. The bills covered dozens of different fields of law including health care, environmental law, consumer regulations, education, and of course criminal law. The most notable bills that crossed the governor's desk happened to be right up our alley in the field of criminal law, so naturally those are the bills we will discuss. The blog has followed the progress of state marijuana reformation for the past year, and it seems for there is now a small amount of closure on the topic. The signing of the medical marijuana bill closed the debate until next year's session about how far Maryland was willing to move toward legalization. And to some up what this bill actually means for the state residents, it's safe to say the law is a lot of bark and a little bite.

Polygraph Testing Ordered For Baltimore Jail Officials

Tue, 30 Apr 2013 10:38:43 -0500

The last time Baltimore was headlining national news articles the Ravens had just completed their unlikely and dramatic run to a Superbowl championship. It's been a few months, but our great city is back in the national headlines, only this time there is no celebration to be had. On the contrary, the past two weeks have been extremely embarrassing for all those involved with the City's corrections department, as well as for city and state politicians and government officials. Over the past year law enforcement agencies from the federal and state governments have been investigating allegations of organized gang activity within the walls of the Baltimore City Detention Center. Last week, the United States Attorney unsealed the bombshell indictment that charged various inmates and prison guards with running a large-scale racket within the jail's walls. The indictment alleged that gang members sold hundreds of thousands of dollars of drugs and other contraband that was smuggled into the jail with the help of 13 corrections officers. Other allegations include bribery, extortion, assault, robbery, witness retaliation, and even murder. All those charged in the federal indictment face lengthy prison sentences for racketeering in addition to the individual criminal acts.

Thieves Drive Truck Through Store Window In Failed ATM Theft

Mon, 22 Apr 2013 21:59:58 -0500

The Blog has chronicled some interesting criminal behavior in the past year. To date, the most notable goes to the man charged with selling marijuana from his ice cream truck. While the frozen treat salesman turned drug dealer still holds the dubious honor of most unorthodox criminal, a recent attempted theft in Frederick does put up a challenge. Police reported that multiple unidentified thieves drove a stolen truck into a supermarket in order to carry out their plan to steal an ATM machine. The truck was stolen about an hour before the crime was committed, and police are investigating how and where it was taken. By driving a truck into the store, we do not mean through some sort of large gate or opening. The stolen truck actually was driven through windows and brick wall lining the front of the store. And while the perpetrators were able to gain access to the interior of the supermarket, they were not able to carry out the second part of their brilliant plan to steal the cash machine. After the thieves failed to get the ATM into the flatbed of the hot Ford F550, they fled the scene and left the large truck inside the store.

Strict Maryland Gun Laws Pass General Assembly

Sat, 13 Apr 2013 20:43:44 -0500

Maryland is widely known as having some of the strictest gun laws in the entire country. Few states have provisions that even come close to the highly controversial law, which requires citizens to prove a good and substantial reason to possess a carry permit. Maryland also requires mandatory background checks for all gun purchases, regardless of whether the seller is a licensed dealer or a private party. There is also a mandatory seven-day waiting period in order to buy a gun. And now after the close of this years legislative session in Annapolis, the strict are bound get stricter after The General Assembly passed new firearms regulations. The bill, which has generated national attention, is awaiting Governor O'Malley's signature before it becomes law. All prior indications from the Governor's office have signaled that signing on the dotted line is a foregone conclusion. The new law will have a sweeping impact on all aspects of firearms regulation including purchasing, possessing, and selling.

Medical Marijuana Bill Awaits Governor's Approval

Fri, 05 Apr 2013 11:47:13 -0500

The Blog has chronicled the progress of multiple proposed marijuana laws in the 2013 Maryland legislative session. With less than a week left for lawmakers to debate and ultimately cast their votes, the status of all but one of these proposed laws is up in the air. The bill establishing a state run medical marijuana program implemented with the cooperation of academic hospitals has passed in the House, but not in the Senate. This bill has already garnered support from Governor O'Malley. The State Senate has passed a different bill, which would decriminalize possession of less than 10 grams of marijuana, but the House has not approved this bill. Finally, neither the House nor Senate has approved another bill that would decriminalize, tax, and regulate all reasonable quantities of the drug. This bill received a hearing in the House but has not yet been put to a vote.

The one proposed law that has passed both the House and the Senate is a medical marijuana bill that has been long overdue. In 2011 Maryland passed a law that allows patients to use marijuana and avoid criminal prosecution, provided these patients prove a legitimate medical necessity to a Judge. The shortcomings of this law have been well documented on the Blog. A patient can only use the affirmative defense after the case has been brought to court, meaning the legitimate medical use of marijuana can still get you arrested. Another major shortcoming is that there is no protection provided to caregivers, such as parents or other family members of children that use medical marijuana. This is one step away from changing, as the General Assembly has passed a bill that would provide the same legal protection to caregivers as it provides to patients themselves. Caregivers would now be able to use the affirmative defense to avoid criminal prosecution for possession of up to one ounce of marijuana. The caregivers must be Maryland residents who are over the age of 21 and must be an immediate family member of the patient. It is also a requirement that the caregiver be designated as such in writing before the time that he or she is arrested. It is not yet clear how this writing would officially be recorded. The caregiver must have no criminal convictions, and can only be a designated caregiver for one patient.

Baltimore Police Officer Pleads Guilty To Drug Dealing

Sun, 31 Mar 2013 13:07:20 -0500

The FBI and the United States Attorney for the District of Maryland recently announced that a 36 year-old Baltimore Police officer has pleaded guilty to multiple drug and gun felonies. The investigation began in early 2012 when the feds received information from an anonymous source that the crooked cop was trafficking in stolen property. As a result of the tip and other corroborating information, feds secured a warrant to wiretap the officer's cellphone. Through the wiretap law enforcement learned that the officer was selling stolen iPhones, iPads, and other electronics, some of which were confiscated during arrests and never submitted into evidence. Federal investigators also became aware of a new development, that the officer was involved in a more sophisticated and organized criminal scheme with a street level drug dealer.

The drug dealer was actually a registered confidential informant with the Baltimore Police Department. A confidential informant is basically a civilian who has agreed to provide information to law enforcement and to participate in undercover investigations in exchange for avoiding criminal prosecution him or herself. On the street confidential informants have infamously been known as snitches, and this nickname has even appeared in television shows and movies. This particular confidential informant was a known drug dealer in the Northwest Baltimore area where the officer patrolled, and at some point the two entered into a business agreement. The officer would provide the drug dealer with information on a daily basis when and where it was safe to sell drugs without police interference. The officer was also accused of doctoring police reports by redacting the drug dealer's name and eliminating his involvement in crimes. In exchange for this protection, the drug dealer would provide the officer with information about other criminal activity, which the officer used to make arrests.

Federal Court Upholds Controversial Maryland Gun Law

Sun, 24 Mar 2013 20:57:43 -0500

A little over a year ago, Federal District Court Judge Benson Everett Legg ruled that the "good and substantial" provision of the Maryland concealed carry gun law was unconstitutional. This provision required citizens to prove to the state Handgun Permit Unit that they had a good and substantial reason before being granted a concealed carry permit. When a Baltimore County man was denied one such permit, he filed suit in federal court, and the Second Amendment Foundation, which advocates for the preservation of the right to carry, joined in the lawsuit. Despite the Attorney General's best efforts, Judge Legg concluded that the law was too broad to satisfy the state's compelling interest to protect its citizens and prevent crime. According to the Judge the good and substantial provision did not safeguard the public from every handgun related hazard, and therefore did not do enough to justify a significant limitation on the constitutional right to bear arms. But just last week, a three-judge panel sitting for the U.S. Court of Appeals for the 4th Circuit unanimously disagreed with Judge Legg, and reversed his decision.

Law Enforcement Ramping Up St. Patty's DUI Patrols

Sat, 16 Mar 2013 12:37:39 -0500

Although not an official public holiday in America as it is in Ireland, each year on St. Patrick's Day millions of Americans flock to the bars and pubs to join in the festivities. It is one of our country's favorite holidays, where it's not just acceptable, but encouraged to dress up in green and drink beer of the same color. Everyone is Irish on March 17th. But St. Patrick's Day is also a busy day for law enforcement, and even busier when the holiday happens to fall on a weekend as it has for the past two years. This year, dozens of Maryland law enforcement agencies are ramping up their DUI patrols to combat the yearly spike in alcohol related car accidents on this festive day. Starting at 9 p.m. tonight, and lasting through Monday morning, the state police as well as local cops will be out in full force to zero in on anyone who attempts to get behind the wheel after one too many Guinness pints. The patrols will focus on areas that have a past history of larger volumes of injury accidents and other incidents involving alcohol. DUI patrols will not exclusively patrol these areas though, and are sure to be out in greater numbers on all heavily traveled roads.

Maryland One Step Closer To Medical Marijuana

Tue, 12 Mar 2013 11:51:25 -0500

Supporters in the fight to bring legal medical marijuana to Maryland received some uplifting news a few days ago from the governor's office. While O'Malley did not actually come out and personally support legal use of the drug, he did give the go ahead for his health secretary to back the bill. During a hearing in Annapolis last Friday, secretary Sharfstein told lawmakers that the governor's administration would now support medical marijuana legislation. The governor's office did not address pending legislation for decriminalization and legalization of recreational marijuana use, but the health secretary's statements did signal a reversal from the administration's position on medical use this time last year.

In 2012 the medical use bills were defeated in the General Assembly due to concerns about state employees facing possible federal prosecution for developing and implementing a plan to dispense a drug that was, and is still is illegal under federal law. The actual likelihood of state employees being prosecuted by the feds was slim to none, and still remains a far-fetched scenario. Nonetheless, the governor's office used this as an excuse to make sure the bill died, while at the same time assuring that medical use activists would be only the slightest bit offended. In essence this clever political play bought the governor an additional year to weigh the effects of serving as the executive of a state with legalized pot against his national political aspirations. After witnessing the groundbreaking popular votes in Colorado and Washington State, along with the continuing trend toward universal support of medical marijuana, it was an easy reversal for the governor.

Supreme Court Hears Argument On Maryland DNA Case

Thu, 07 Mar 2013 13:12:50 -0500

A few months back, the blog posted an article on a controversial Maryland law that allows police to sample and store DNA from any individual arrested for a violent crime or for burglary. Despite this law still being up on appeal, for the past few months state law enforcement agencies have continued to engage in this practice under the authority of a signed order from Chief Justice Roberts. The order did not overturn a decision by the state court of appeals, which declared the DNA law unconstitutional, but rather allowed DNA sampling to continue pending a final opinion by the country's highest court. A decision on this controversial law is now expected in the coming months, as the Supreme Court recently heard arguments on the constitutionality police DNA sampling. The arguments were spirited to say the least, and at this early juncture there is no indication which way the majority appears to be leaning. But all justices are aware that this is could be a seminal opinion that could shape criminal procedure for the coming years. Justice Alito described it as the most important criminal procedure case in decades. He added that many murders and rapes could be solved using this technology, which involves a minimal intrusion on personal privacy, and asked why DNA sampling is not the fingerprinting of the 21st century. Whether these statements have tipped Alito's hand remains to be seen, but there were is certainly some skepticism from the other justices about the law's constitutionality.

The Arguments Against Legalization

Sat, 02 Mar 2013 19:04:28 -0500

Those who have read most of our posts understand the blog's position on the state marijuana laws. The medical use laws in Maryland do little to protect those who have an actual need for the drug because the users are not protected from being arrested or cited. On top of this, the statutory affirmative defense is always at the mercy of the presiding judge's discretion, and there are simply too few judges that actually understand the medical benefits of marijuana. Call it ignorance or a generational gap, but whatever the reason the affirmative defense is rarely granted and offers little practical protection.

Decriminalization for simple possession would be a step in the right direction, but would only be a temporary fix that would fail to establish a firm stance on the drug's place in society. Complete legalization for personal use, along with a structure for taxing and regulating the sale and use of marijuana would raise revenue for the state. At the same time, legalization would ease the burden on law enforcement and the judicial system. But it appears that legalization in Maryland is a long shot, and the latest House proposed bill is unlikely to make it out of committee. The state senate has yet to even propose a legalization bill. So what is the holdup? Why won't any of these bills come across the governor's desk, and if they do, why won't he sign them? The balance of this post will outline the main arguments that seem to be standing in the way of progressive pot legislation.

Marijuana Legalization Bill Introduced In Annapolis

Sun, 24 Feb 2013 19:28:51 -0500

Marijuana legalization debates continue to ramp up on the floor of the state legislature, and the latest bill to be introduced is by far the most progressive to date. We previously posted an article about the introduction of Maryland Senate Bill 297, which dealt with the decriminalization of the popular drug. The most recent bill though takes Senator Zirkin's proposal one step further, and calls for outright legalization of marijuana for recreational use. The new bill is nearly identical to the laws that were recently passed in Colorado and Washington. If passed into law, it would allow citizens over the age of 21 to possess one ounce or less of marijuana, and additionally to grow up to three plants in their homes. The current state law makes it illegal for anyone to possess even a residue amount of the plant, and violators face up to 90 days in jail for having 10 grams or less, and up to a year for possessing more than 10 grams.

Man Sentenced To Jail For 8th DUI

Mon, 18 Feb 2013 15:24:09 -0500

Back in June the Blog posted an article about a man who was arrested for his 8th DUI, and now a sentence has finally been handed down in this unprecedented case. The defendant had three open Wicomico County drunk driving cases this year alone. Two of those cases were disposed of by way of guilty pleas back in October of this year. The man received a two-year jail sentence for the first case on the 19th of October, and he received three years for a separate case just one week later. Last week in Salisbury, a Circuit Court judge handed down the final sentence of an additional three years, bringing the total amount of jail time to eight years, one for each conviction. The most recent case was certainly the most egregious of the three, as the intoxicated man apparently slammed straight into a stopped car at a red light intersection. To make matters worse, the defendant was also driving without his required engine interlock device, which does not allow the car to be started without an alcohol free breath sample

The jail sentences were ordered to be served consecutively, meaning that the man will have to finish serving time on each individual case before he can receive credit for time served in the others. The judge could have imposed the three-year sentence to run concurrently, but then the defendant would not have to serve any additional time. After completing the eight years, which includes four with the Department of Corrections, the man will have one year of probation with an extra year hanging over his head in case of a violation.