Maryland Criminal Attorney Blog

Are the Police Working for the Community or Against it? You decide.

Thu, 09 May 2013 12:40:23 -0500

As an Experienced Criminal Defense Attorney I am very used to dealing with police tactics that some might consider to be overly aggressive. But the tactics I am seeing more and more of recently are going beyond aggressive and are, in my opinion, becoming down right counterproductive to the basic goals of law enforcement. What I mean by that is that the police are utilizing tactics that are breaking down the fundamental trust relationship between the police and the community that is necessary, indeed essential, for effective law enforcement - mostly in the pursuit of non-violent drug offenders.

Let me give you two examples from just the last hour. Here are the facts:

Two Contintental Arms Gun Range Cases Successfully resolved

Tue, 30 Apr 2013 12:51:53 -0500

As an Aggressive Baltimore Maryland Criminal Attorney I have handled more of these Continental Arms Gun Range Cases that any other attorney that I am aware of. Last week I handled two of theses case in the Circuit Court for Baltimore County. Both defendants were facing mandatory 5 years prison terms - neither served a day in jail and both received unsupervised probation.

I have blogged about these cases several times in the past noting that in my view, these cases represent the worst in law enforcement and are in many ways counterproductive to main objective of law enforcement which is, of course, to keep the community safe. The reason for my belief that these cases are in fact counterproductive stems from both the simple fact that these cases are prosecuted in the first place, and this fact is compounded by the "scorched earth" tactics utilized by the police to investigate them. More on that later but here are the facts of the cases:

DUI Repeate Offender is Second Not Guilty This Week in DUI Case

Tue, 26 Feb 2013 15:23:30 -0500

As an Aggressive Baltimore Maryland DUI Attorney I have handled literally thousands of DUI cases both as a former prosecutor and as a defense attorney. I have written several times in this blog that it is extremely difficult these days to secure a not guilty in a DUI case on the issue of whether in fact the client was under the influence or impaired. I have won more than my fair share of DUI trials over the last 15 years since I left the State's Attorney's Office but the overwhelming majority have been on technical issues such as an illegal stop or the State's inability to prove that my client was the operator of the vehicle.

I published a blog last week about a DUI trial that I won on the impairment issue but that was only one of two that week. I won a second on this issue in spite of the fact that my client had 3 recently consumed beer cans in the car when he was stopped and told the police that he would not do the field sobriety tests because he "would fail them". That case was scheduled in the District Court for Baltimore County last Friday. Here are the facts:

Not Guilty in DUI Case Where Defendant Blows .15 on PBT

Fri, 22 Feb 2013 12:26:30 -0500

As a Baltimore Maryland DUI/DWI Lawyer, I have handled more than 5,000 DUI cases. I have blogged many times about the new laws that have been passed in recent years, particularly the DUI Per Se law, making it increasingly difficult to get Not Guilty verdicts for clients in these cases. More often than not, if the police have probable cause for the stop, it is a relatively easy matter for prosecutors to prove the balance of their case. particularly if the person submits to a breathalyzer and the result is .08 or greater.

I represented a client in Baltimore County District Court this week whose case proved to be one of the exceptions to the rule. In spite of the fact that she blew a .15 on the PBT at the scene, I secured her not guilty verdicts on each of the alcohol related offenses. Here are the facts:

Johns Hopkins Gynecologist Dr. Nikita A. Levy

Tue, 19 Feb 2013 15:34:10 -0500

Sexual assault and child pornography. These words have thus far been missing from the discussion concerning former Hopkins doctor Nikita A. Levy’s alleged filming of his patients in various states of undress. A general discussion of the case reported by the Baltimore Sun can be found here. Dr. Levy’s alleged actions constitute a form of sexual assault against every patient he filmed in this manner. Moreover, Dr. Levy (and potentially others) are guilty of possessing, manufacturing and distributing child pornography to the extent that any of the victims were under age 18.

John Hopkins Gynecologist Nikita Levy Likely Violated Child Pornography and Other Criminal Statutes

Tue, 19 Feb 2013 14:53:56 -0500

As a Former Baltimore Prosecutor and current criminal attorney I have been involved in the prosecution of hundreds of child sex offenders. The disgraced and now deceased Johns Hopkins Gynecologist, Dr. Nikita Levy, would have likely faced prosecution under multiple federal and state criminal statutes had he not apparently committed suicide. The police are conducting an investigation that could potentially lead to charges against others if they either conspired with him to collect the images without the knowledge of the victims or if the materials were distributed to by others. In addition to many other areas of practice at STSW, we have a Practice Area Exclusively Dedicated to the Protection of Victim's Rights.

Among the most serious charges that could have been filed against Dr. Levy and anyone who may have participated with him in these crimes, are charges involving the possession, distribution and manufacture of child pornography. According to news reports, many of his long time patients sent subsequently sent their daughters to him for gynecological care. Assuming any of the large cache of photos allegedly found in his home, turn out to be of minor victims, these statutes have undoubtedly been violated.

An Online Map to the Guns: Privacy, Gun Owners and Safety

Fri, 18 Jan 2013 14:37:37 -0500

http://www.silvermckenna.com/In a media-generating stunt, the Journal News, a suburban paper in Westchester County, NY, accessed state public gun permit records, compiled the names and addresses of gun owners in three New York Counties, and then posted an online map identifying and marking on the map all of the gun permit holders in each county, with their home addresses. (New York state law requires that the identity of gun permit holders be made public.) Wisely citing safety concerns, Putnam County officials, however, refused to release to the Journal News their gun permit holders’ personal information.

Fighting Back: One Survivor’s Triumph over Victim Blaming

Fri, 18 Jan 2013 14:32:12 -0500

I am and have been involved in a number of cases where law enforcement and criminal defendants attempt to punish victims of violent crime for reporting the crime and seeking justice. Sara Reedy’s case, discussed here is an excellent example of precisely how survivors, victim advocates and their lawyers should respond—by going on the offensive.

Sara Reedy was assaulted at gunpoint at the gas station where she was working as a cashier. The perpetrator pulled a gun on her, emptied the till and forced her to perform a sex act on him. The detective who interviewed Sara and thought she invented the story to steal money from her employer. While pregnant, she was arrested on theft and false reporting charges. Her perpetrator later admitted to committing a similar sexual assault not long before Sara’s assault and the charges against Sara did not stick.

Sara sued the detective and, after a protracted legal battle, won a $1.5 million settlement. I commend Sara and her legal team for having the courage and fortitude to fight this clear injustice and I believe all of us who advocate for victims of crime should heed the lesson that the only way to really change victim-blaming behavior is to fight back and wins.

Steven J. Kelly, Esq

It's a Dirty Job: Protect Yourself Against the Clean Water Act

Wed, 16 Jan 2013 11:47:22 -0500

Recently there have been unprecedented fines and prison terms handed down by judges in Maryland and nationwide for Clean Water Act violations and other environmental crimes. On December 5, 2012, Judge Stagg of the Western District of Louisiana sentenced John Tuma, a former general manager of Arkla Disposal Services, to 60 months in prison, 36 months probation thereafter, and a $100,000 fine for violations of the Clean Water Act (“CWA”). Tuma worked at Arkla’s Shreveport, Louisiana wastewater treatment facility where he allegedly oversaw the discharge of untreated wastewater. Based on those allegations, a federal jury convicted Tuma on 3 counts of violating the CWA, 1 count of conspiracy to violate the CWA, and 1 count of obstructing justice with respect to the EPA’s inspection of the Arkla facility. Tuma has appealed the conviction and sentencing.

Trafficking Narcotics with Firearms Count DISMISSED - Client Avoids Mandatory 5 Year Sentence

Wed, 02 Jan 2013 11:54:15 -0500

As Aggressive Maryland Criminal Attorneys, the Criminal Defense Team at STSW represents scores of defendants each year who face Mandatory Sentences that must be served without parole for violating Narcotics and Firearms Laws. I have written about many of these cases in the past as they tend to be among the most difficult cases that criminal defense attorneys confront. A few weeks ago I represented three members of a family who had been charged with Trafficking Narcotics with a Firearm.

In addition to this count, the father was also charged with being a Felon in Possession of a Handgun. Both of these counts carry Minimum Mandatory Penalties of five years in prison without the possibility of parole. Needless to say it was a very serious case. Here are the facts:

Illegal Possession of a Firearm Defendant Found Not Guilty

Mon, 24 Sep 2012 12:15:45 -0500

Some of the more difficult cases that confront Aggressive Baltimore Criminal Attorneys are charges involving the possession of illegal firearms or possession of firearms by people who are prohibited to possess them due to a prior criminal conviction. Prosecutors in Baltimore City in particular are instructed to prosecute these cases under a zero tolerance policy and to seek incarceration in every cases.

Last week I successfully defended a man charged in a 10 count charging document of various charges alleging illegal possession and use of firearms. The charges included illegal possession of a short barrel shotgun, illegally discharging a firearm within the city limits, handgun on person, reckless endangerment and other related offenses. This case is a good example of how aggressively the State's Attorney's Office is prosecuting firearms cases, even in a situation like this one where the evidence was quite weak and the defendant had no prior criminal record. Here are the facts:

Can a Domestic Violence Protective Order of Peace Order be Expunged?

Fri, 21 Sep 2012 15:11:46 -0500

Aggressive Maryland Criminal Attorneys and Domestic Attorneys are frequently confronted with the issue of whether or not Civil Domestic Violence Protective Orders or Peace Orders http://www.mdattorney.com/lawyer-attorney-1300824.html can be expunged. This is an extremely important question given how readily available court information now is now is on the internet. Anyone with a computer or even a smart phone can bring up Maryland Judiciary Case Search and find out a person's entire legal history in seconds. This information is available to potential employers and undoubtedly costs people job opportunities on a daily basis.

That is, of course, unless the person has been able to get the court records expunged. Under the criminal code a person is entitled to have any case expunged that resulted in either a Nolle Prosse, a Dismissal, a Stet or a Not Guilty Verdict also called an Acquittal. There are exceptions to this general rule such as a situation in which a person has a subsequent conviction or has pending charges. In these instances expungement is typically not permitted even in the case of an acquittal as unfair as they may seem. But what about a Domestic Violence Protective Order or a Peace Order? Are these civil orders subject to being expunged from a person's record:

Can a Domestic Violence Protective Order of Peace Order be Expunged?

Fri, 21 Sep 2012 15:11:46 -0500

Aggressive Maryland Criminal Attorneys and Domestic Attorneys are frequently confronted with the issue of whether or not Domestic Violence Protective Orders or Peace Orders can be expunged. This is an extremely important question given how readily available court information now is on the internet. Anyone with a computer or even a smart phone can bring up Maryland Judiciary Case Search and find out a person's entire legal history in seconds. This information is available to potential employers and undoubtedly costs people job opportunities on a daily basis.

That is, of course, unless the person has been able to get the court records expunged. Under the criminal code a person is entitled to have any case expunged that resulted in either a Nolle Prosse, a Dismissal, a Stet or a Not Guilty Verdict also called an Acquittal. There are exceptions to this general rule such as a situation in which a person has a subsequent conviction or has pending charges. In these instances, expungement is typically not permitted even in the case of an acquittal, as unfair as this may seem. But what about a Domestic Violence Protective Order or a Peace Order? Are these civil orders subject to being expunged from a person's record:

University Assault Case Sucessfully Resolved

Mon, 17 Sep 2012 14:50:03 -0500

I have blogged my times about the need to hire and Experienced and Aggressive Criminal Attorney if charged with a criminal offense in Maryland. I usually begin these blogs by positing the question, "Did you hire the right lawyer". The reason for this is that so many people do not inquire into the experience and qualifications of an attorney before hiring him or her. Sometimes the lack of qualifications is a basic as the lawyer is simply not a criminal attorney but instead is a divorce lawyer or a personal injury lawyer. Sometimes it is lack of experience in a particular type of case or in the jurisdiction in which the defendant is charged.

Hiring the wrong lawyer is obviously a mistake regardless of the type of case at issue, but in a criminal case, the mistake can cause lifelong negative consequences. Unfortunately I witness this happening in court virtually everyday. I recently resolved an assault case that is a good example of this. Here are the facts:

Second Offense DUI Not Guilty in Harford County

Thu, 21 Jun 2012 11:24:27 -0500

As an Experienced and Aggressive Criminal and DUI Attorney I have successfully defended hundreds of people who were charged with DUI and DWI in Maryland Courts. As most people are aware these laws are being more strictly enforced by the police and more aggressively prosecuted by the State every year. Nowadays, repeat offenders, including second offenders routinely go to jail if convicted.

I successfully represented a second offender in Harford County last week. The State was seeking a 30 day jail sentence for this single mother of two. Needless to say this would have been a devastating result for her. Here are the facts: