Maryland DUI Lawyers Blog

Charged with a DUI in Maryland? Here's what you need to know:

Wed, 11 Apr 2012 17:05:27 -0500

Maryland seeks harsh penalties for those convicted of multiple DUI charges. If you've been charged with a Prince George's County DUI,and already have two prior DUI convictions in the last five years, your penalties could be severe. If a child was in the vehicle with you at the time of the charge, penalties may increase. A third DUI charge in Maryland carries with it increased fines, jail terms, and license suspension. If you're confused regarding the legal implications of a third DUI charge in Maryland, are unsure of your legal rights, and want clarification of the law, read on.

You're likely feeling overwhelmed and afraid. Turning to an experienced criminal lawyer is one of the most important things you can do right now. A Prince George's County criminal defense lawyer who has successfully handled cases like yours and understands the severity of the charges can ensure that you will receive the strongest defense possible in court. Skilled counsel can help you understand issues related to evidence, pleadings, and sentencing--making sure that when you mount a defense, it's aggressive. Your Maryland DUI lawyer may examine a number of questions. Did the police honor your legal rights? Were appropriate tests conducted according to accepted practices? Do you have prior convictions?

A blood alcohol content level, or BAC, testing at 0.08 or greater is the threshold at which, on Maryland roadways, you will be charged with driving under the influence. You may think you know your drinking limits, have confidence that you understand when your judgment is impaired, but day to day the way our bodies metabolize alcohol differs. What may be an acceptable amount of drinking one day may not be the next. If you've had anything to drink you can prevent a possible DUI charge by refusing to drive. It's as simple as that.

If, however, it's too late, and you've just received your third DUI charge, it's imperative that you reach out for legal assistance as soon as possible. DUI court cases move swiftly, and fines for a third offense can range from $3000 to $4000 depending on circumstances; jail time could be as long as four years.

The experienced team of Maryland defense lawyers at Price Benowitz LLP has the track record and the know how to get you through this so that you, and your family, can move forward. In addition to Maryland DUI lawyers, our firm has Maryland car accident lawyers that can answer questions about civil aspects of you case. Please feel free to contact us if we can be of service.

Challenging DUI Blood Test Results- 10 Common Defenses

Tue, 20 Mar 2012 13:33:43 -0500

If you were arrested and charged for a DUI based on blood test results, it's critical that you understand that a negative test result does not necessarily mean you will be convicted. All types of testing are vulnerable to errors. Additionally, there are other factors that an experienced criminal defense attorney in Mesa, or an attorney where your arrest took place, can use to help you achieve a favorable outcome. These legal strategies may help lead to suppression of evidence or dismissal of charges.

Below are 10 areas related to blood test evidence that experienced DUI trial lawyers may challenge in your defense. (This list is not all inclusive):

1) The police failed to draw or preserve a second sample for your defense attorney to have retested;
2) Your DUI defense attorney had the blood sample retested by an independent lab and there was a significant discrepancy between the police crime lab results and the independent lab results;
3) The blood sample was mislabeled, and it cannot be ascertained that the blood sample is yours;
4) The blood vial was tampered with or not properly sealed during preservation or transport;
5) The blood kit and its contents exceeded the use expiration date;
6) Guidelines for collection, transport, preservation and storage of the blood sample were not in compliance;
7) The police or personnel who drew the blood was not certified in DUI blood testing phlebotomy;
8) When the police or lab personnel prepared your arm for the blood draw they did not use approved cleanings agents. (Rubbing alcohol may contaminate a blood sample);
9) Excessive preservative in the vacuum tube may result in an inaccurate reading;
10) Blood results were artificially inflated due to the fact that the lab technician tested only blood serum or plasma instead of the whole blood.

If the evidence is invalid, inaccurate or unjustified, your attorney will move to have it suppressed or to dismiss the evidence from being used against you. If the court agrees the evidence should be suppressed, then the prosecution will most likely be unable to satisfy the burden of proving beyond a reasonable doubt that you were drunk driving or impaired to the slightest degree due to alcohol or drugs. Consequently, this will probably lead to a dismissal of the charges or to a not-guilty verdict by the judge in a bench trial or jury in a jury trial.

DUI blood test results are just one area of many areas that are challenged by experienced criminal attorneys. It's also important to remember that DUI charges are unique. Each case holds its own set of circumstances that surround it, and should be evaluated for defenses that can be tailored to your specific case.

You should always retain an experienced and qualified criminal lawyer to challenge these issues on your behalf. Your chances of a favorable outcome in your case will increase with legal representation by an effective private practice criminal defense firm or lawyer. Keep in mind that not all criminal defense attorneys are experienced in DUI cases. It is in your best interest to contact a lawyer who defends DUI charges on a regular basis.

This blog post was written by Mesa DUI Lawyer, James. E. Novak of the Arizona-based Law Office of James E. Novak. His law firm focuses on felony and misdemeanor cases for both adults and youth throughout the Maricopa County, AZ area. This includes Tempe, Mesa, Scottsdale, Gilbert, Phoenix, and surrounding areas. James E. Novak draws on his diverse education and real-world experience in representing clients, including his Masters in Business Administration and a Masters in Education/Counseling. He enjoys sharing his knowledge with the greater online community, whether through blogging or social media.

Death for the Death Penalty in Maryland?

Fri, 16 Mar 2012 15:39:08 -0500

Maryland legislatures have heard repeated calls to repeal the death penalty since the beginning of this year. Will Maryland abolish capital punishment? Likely not, but at least the issue has seen front page press, priming it for future public and political attention.

Recently, legal scholars and attorneys joined forces to submit a report to the Maryland legislature, urging reconsideration of the death penalty and citing legal and fiscal flaws. The report argues that implementation of the death penalty, with all of its procedures and appeals, costs three times more than life sentences, including the costs of lifetime incarceration. With budget woes at the forefront of legislative concern, it would seem that the issue deserves consideration.

In addition, Maryland's newest death penalty law, reinstated in 2009, limits capital punishment to those crimes where DNA or video evidence exists. The report argued this to be an artificial and arbitrary line to draw. Opponents of the law say such delineations create a "road map for people who kill" to make sure they do not leave capital crime evidence. Rather, the report asserts that certainty of conviction is a more appropriate threshold for death penalty cases.

Financial and legal implications aside, other groups have also pushed for death penalty repeal. Religious groups gathered on February 22nd in Annapolis with signs sporting "Repeal Maryland's Death Penalty." Kirk Bloodsworth, the first American exonerated by DNA evidence, attended the rally, but did not draw a large turnout overall. The report on the rally followed swiftly on the heels of the NAACP President's plea to Maryland legislators to abolish the death penalty.

In actual practice, the death penalty has been on moratorium in Maryland since 2006 when courts held that lethal injection protocols were not approved by the legislature. But the legislature has yet to establish such protocols to this day. Instead, Maryland expends massive amounts of time and resources on prosecution and appeals of capital offenses, despite the moratorium itself.

Since the death penalty seems more troublesome than beneficial, why keep it? In short, on the list of pros and cons, the cons abound and there seems to be only one pro: legislators can get re-elected on a 'tough on crime' platform if they vote to keep the death penalty. I challenge you to come up with more pros for the list, excluding those aligned with retributive or vengeful motives.

Rosie Escobar Brown wrote this blog post. She is a law clerk at the law firm Price Benowitz LLP. The firm has offices in Washington, DC, Maryland, and Virginia, and was founded by criminal defense attorney David Benowitz. In addition to criminal defense, we have a team of Maryland car accident lawyers that are eager to assist you if you are the victim of a preventable accident.

Baltimore Police Will Not Stop People Taking Photos or Videos of Police Actions

Thu, 16 Feb 2012 11:21:15 -0500

Amid public controversy and civil law suits against the department, Baltimore PD finally issued a directive ordering officers to stand down against citizens wielding recordable electronics. The directive followed a hail of negative publicity from several incidents involving arrests and confiscation because officers were being taped.

One particular case seemingly inspired the recent move as it approaches its day in the U.S. District Court of Maryland. The issue sought to be ruled upon involves the Constitutionality of a citizen's right to videotape police action. In this suit, a Howard County man filed charges against the Baltimore police for seizing his cell phone and erasing all his videos. This occurred immediately after he filmed the officers making an arrest at the Preakness Stakes.

Supporting briefs have been submitted by the U.S. Department of Justice Civil Rights Division, urging the Court to uphold First, Fourth, and Fourteenth Amendment values and deny the police departments motion to dismiss. The Plaintiff, represented by the ACLU, was asking for affirmative law and policy stating that citizens have a right to videotape police conduct, and it seems he has received that.

This issue has been simmering for years. In several high profile cases, police have attempted to file criminal charges against videographers who expose questionable police practices. In 2010, a Harford County man was arrested and indicted for violating federal wiretap laws when his helmet camera filmed a plain-clothed officer pull him over at gunpoint for speeding. He posted the video online resulting in the trumped-up federal charges. And with the help of a criminal defense attorney the indictment was subsequently overturned by a Maryland judge.

If you search the internet you can find dozens of videos depicting police action, in addition to stories from videographers who were subject to criminal charges. In Massachusetts a woman was arrested and criminally charged for taping a brutal beating; the officer in that case was eventually fired and the prosecutor refused to press charges against her. Recently, the issue arose in D.C. when video of a wheelchair-bound man being lifted from his seat and thrown to the ground was posted on YouTube. Officers arrested the videographer but the charges were dropped.

The directive by the Baltimore Police Department signifies a positive shift in law enforcement policy. Officers still reserve the right to seize images that may be evidence of a crime and prevent filming if it interferes with the "successful resolution" of police activity. However, the department's move tells officers that it is not ok to arrest and threaten videographers unless they interfere with execution of their duties. This new policy also may indicate a respect for the public's ability to "check" law enforcement power. If officers know their misdeeds will be broadcast, perhaps fewer of them will occur.

This blog post was written by Rosie Escobar Brown. She is a law clerk for the law firm Price Benowitz LLP. The law firm has offices in Washington, DC, Maryland, and Virginia. In addition to a criminal defense practice group, it has a growing personal injury practice group. The DC and Maryland accident lawyers and Virginia accident attorney with the firm work to get just compensation for their clients.

Enjoy The Super Bowl & Party Responsibly

Fri, 03 Feb 2012 12:13:50 -0500

Many of our attorneys here at Price Benowitz are avid New York Giants fans and looking forward to the big game. GO GIANTS! But at the same time we are preparing for a busy Monday morning and the influx of phone calls for a DUI lawyer from prospective clients who received criminal traffic charges on the way home from Super Bowl festivities.

DUI charges pose significant consequences, even if you have not been convicted. Take University of Maryland's Assistant Basketball Coach for instance. Last month, he was charged with drunk driving in Anne Arundel County, MD and experienced a severe aftermath through both the media and the University. Aside from his mug shot being plastered in the papers, the Terps Assistant was suspended for at least two games and faces an automatic six months license revocation for having refused to provide breath samples to law enforcement. The latter consequence happens to any driver who refuses to provide test sample when requested, pursuant to implied consent laws. DC, MD, and VA all have the same law but with different penalties. While Maryland imposes an automatic 6-month license revocation for refusal, the District and Virginia impose automatic revocation for an entire year.

Keeping this penalty in mind, the decision of whether or not to provide a test sample becomes all that more complex. If you provide the sample, be it by breath test, urine test, or blood test, you supply authorities with evidence against yourself. If your blood alcohol content was particularly high, you may face increased penalties and, in some cases, jail time. If you choose not to give a sample, you face an automatic and un-rebuttable license revocation for 6 months to a year depending on your location.

The DC Metropolitan Police Department now exclusively imposes urine testing on DUI suspects and makes arrests on the basis of field sobriety tests alone. This testing system hails from the faulty breathalyzer machines that the Department failed to maintain that resulted in hundreds of wrongly convicted drivers. Be aware also that field sobriety tests are designed for you to fail if you have consumed even a small amount of alcohol; seriously, try one during halftime just to see for yourself.

While the D.C. system for DUI possesses flaws in and of itself, the better option is to avoid getting involved with it in the first place. There will be uncountable road checkpoints set up for this entire weekend. Plan ahead and arrange for alternative transportation after the game. However, should you find yourself in a bit of a DUI pickle, a DUI attorney is ready for you call. We will continue to fight for the rights of our clients and strive to achieve the best possible outcome for each and every one. We will attempt to minimize alternative penalties as well as legal ones, including license suspension, employment and security clearance consequences, and insurance issues.

To drive or not to drive, or, to test or not to test...it is up to you which decision to face post-game. Either way, have a safe and happy Super Bowl celebration from your friends at Price Benowitz LLP.

This blog post was written by Rosie Escobar Brown. She is a law clerk at the law firm Price Benowitz LLP. In addition to criminal and DUI defense, our firm provides legal representation to people seeking compensation for their injuries. For more information, you can visit the firm's Maryland Accident Lawyer website.

Maryland Misdemeanors Mean You Cannot Own a Gun

Thu, 26 Jan 2012 12:05:43 -0500

Maryland's brilliant common law scheme does it again, folks. The U.S. District Court of D.C. recently handed down a decision affirming a claimant's ineligibility to register and own a firearm because of a minor assault misdemeanor from 1968.

The claimant sued attorney general Eric Holder, alleging violations of his Second Amendment right to bear arms for applying the Federal weapons prohibition to his case. The Federal law, known as the Firearm Owners Protection Act (formerly the Gun Control Act of 1968) makes any person who has been convicted of a crime punishable by more than two years jail time automatically ineligible for gun registration and ownership. The penalty applies no matter what the circumstances.

Schrader was convicted of misdemeanor assault and battery in 1968 when he was a 20-year-old in the Navy after he got into a fistfight with a gang member who had previously assaulted him in the street. Even though the conviction was a relatively minor one, it still disqualifies him from gun ownership.

The problem lies in Maryland's common law statutory scheme that until recently did not name maximum penalties for most crimes. Even after legal reforms, the maximum penalty that was set for most crimes is an astronomical number, with 1st degree assault set at 25 years maximum and 2nd degree misdemeanor assault (the equivalent of Schrader's crime) set at 10 years imprisonment. While most sentences in Maryland do not come close to that maximum and remain in line with the national standards, the fact that the law CAN impose more than two years jail time is what disqualifies a person from ever owning a gun.

Contrary to Maryland's statutory system, most other states codify reasonable maximum penalties and make misdemeanors punishable by up to one year imprisonment. This one year maximum is typically how misdemeanors are defined, even by the federal government. Maryland, however, continues to be an outlier.

There are few legal remedies for an individual who is unfairly banned from gun ownership because of Maryland's laws, especially in the wake of the recent court decision. Successful battles may require numerous time-consuming petitions for post-conviction relief and abundant financial resources to cover legal fees and expenses. To even use the term 'successful' may be highly inappropriate. As the current appeals decision holds, the law is the law, and woe be to those who fall within its restrictions.

This blog post was written by Rosie Escobar Brown. Rosie is a law clerk for the law firm Price Benowitz LLP, and she is in her final semester of law school. Price Benowitz LLP based in Washington, DC with additional offices in Maryland, Virginia, and New York. In addition to defending people charged with crimes, the firm's attorneys also protect the interests of those who have been injured through another's negligence. For more information, please visit the firm's Maryland Personal Injury Attorney and Virginia Accident Attorney websites.

Free Taxi Rides to Maryland through the New Year Festivities

Fri, 30 Dec 2011 15:38:09 -0500

The Washington Regional Alcohol Program is providing would-be drunk drivers with free cab fare throughout the holidays. This grand scale effort to reduce drunk driving fatalities is having its 18th year and provided about 1,000 free taxis last New Year's Eve. In total, the Sober Ride Program has provided over 52,000 safe rides home.

By calling 1-800-200-TAXI, drunken party-goers can get a free ride home up to a value of $30. The ride must originate in the District of Columbia, or in Montgomery and Prince George's Counties; the Cities of Rockville, Bowie, College Park, Gaithersburg, Greenbelt and Takoma Park in Maryland.

The service is available between the hours of 10:00 pm and 6:00 am; the program is available tonight the 30th and tomorrow night, New Year's Eve. A few important things to remember:

You cannot reserve ahead or call to schedule a pickup in advance; the call must originate during program hours and will be dispatched as soon as a taxi is available,

You must pay any fare amount in excess of $30,

The free ride does not include tip and you should remember to tip your driver in relation to the total fare amount, and

You must be 21 or older to ride with the service.

Participating taxi companies include: Barwood, Inc. (Montgomery County), Silver Cab of Prince George's County (Prince George's County), and Yellow Cab of District of Columbia (District of Columbia), as well as some Virginia companies. When waiting for your ride, be sure to watch for a taxi from one of the participating services in your area.

Remember, police officers will be canvassing for Maryland drunk drivers this weekend and will be out in full force. Be sure to plan ahead for appropriate transportation and avoid having to call a DUI lawyer. Have a safe and happy New Year and call Safe Ride as an option to drinking and driving.

This blog post was written by Rosie Brown. She is a law clerk at the Washington, DC based law firm Price Benowitz LLP. The law firm has additional offices in Maryland, Virginia, and New York. In addition to practicing criminal defense the firm has Maryland personal injury lawyers and DC personal injury lawyers to assist people who are suffering from another's negligence.

How a Criminal Defense Lawyer Can Help With Your Arrest in Maryland

Mon, 26 Sep 2011 16:16:51 -0500

Anne Arundel County Police arrested two people on Thursday after a search of their car revealed over $10,000 worth of cocaine. What I find of interest is why did they search the car? According to the news article, "Officers approached the vehicle and arrested Johnson on charges that he was driving on a suspended license." Upon checking his vehicle, all of the evidence was found. Another question I have is "when you say 'checking' do you really mean 'searching'? Or did the police see all of the evidence sitting in plain view on the backseat?"

As a criminal defense attorney, I hope the police only found the evidence after searching the car and the justification for doing this without a warrant is "search incident to arrest." If that is the justification for searching the car, all of the evidence should be thrown out of court if the only basis for the arrest was for driving on a suspended license.

Previously, "search incident to arrest" was one exception to the law requiring a warrant before conducting a search. It allowed police to search a person during or following a lawful arrest. With regards to vehicle stops, it allowed police to also search the passenger area of the car if the person arrested was in the vehicle.

That all changed in 2009 when the U.S. Supreme Court decided Arizona v. Gant. In that case, the defendant was arrested for driving on a suspended license and his criminal defense lawyer argued to the court that there was no reason for the officers to search his car following his arrest. He was handcuffed and sitting in the back of the patrol car when the police searched his car.
The court agreed and decided that because he was not presenting a threat to the officers, not within reach of anything in his vehicle, and searching his vehicle would not produce any evidence of the crime for which he was being arrested.

This case severely limited the powers of police. The "search incident to arrest" exception was something that police used very often as a reason to search the entire passenger area of the car. Now, once the defendant is secure and away from the vehicle, the only way the police can legally search the car is if they have reason to believe there is evidence of the crime in the car. And it must be a search for evidence of the crime that allowed the arrest.

Police can no longer search the car under the guise of a "search incident to arrest" for arrests for driving on a suspended license, driving without a license, driving uninsured, etc. These two individuals in Anne Arundel County are going to need an effective Maryland criminal defense attorney to challenge the serious felony charges they are facing.

Written by Colleen Kirby.

Are you located in Virginia? Get a free consultation from an experienced Fairfax Criminal Lawyer and a Fairfax Accident Lawyer today.

Maryland Domestic Violence Cases

Fri, 09 Sep 2011 16:40:12 -0500

Recently, I have been dealing with more and more domestic violence cases. If you read my last blog about how easy it is to file charges against someone, you will understand why there is such a large volume of domestic cases. Domestic violence is a widespread and critical problem. Legitimate victims need the time and attention of the criminal justice system. They are being deprived of that by the large number of false accusations being filed by angry and emotional individuals at the commissioners' office.

While I understand the importance of legitimate victims seeking justice, as a criminal lawyer I more often find myself working very hard to defend and protect individuals against false accusations from an angry ex. Most of these individuals have never had any contact with the criminal justice system and are understandably terrified. I put every effort into resolving the case so that my client can walk away with a clean record....whether it be convincing the state to dismiss the charges, or taking it to trial.

Either way, it all begins with one person deciding to go to the commissioner's office and file criminal charges. There may or may not have been an actual crime committed. However, one common theme seems to run throughout all of these cases - inflammatory statements. The person filing is emotional and upset and seems to think that "if I convince the court that he/she is a terrible person, a harsher punishment will result."
These inflammatory statements are almost always 100% irrelevant as to whether there was a crime committed. I have accusations such as: he has a history of abusing drugs, he previously broke my jaw bone, he was violent with his last girlfriend, etc. And please disregard my usage of gender because I have seen these allegations from both men and women alike.

In some cases, the person filing charges may or may not even be the real victim. They are just the one that was angry enough to try to get the other person sent to jail. Either way, if charges are filed, the person who is accused of committing a crime is now a "defendant" and needs to hire a competent criminal defense attorney to compile a defense. That involves not only time and money, but more importantly the stress of having to go to court and face the allegations.

Here is the main problem with this system: the real victims of domestic violence get lost in the mix. Domestic violence is a very serious issue. Victims require the appropriate attention and protections of the criminal justice system. However, because of the ease of filing charges and the volume of cases, it is difficult to distinguish the legitimate claims from the false claims. The people filing false accusations are doing a grave disservice to the individuals that have legitimate claims and need protection.

Based on all of my experience in dealing with these cases, a better screening system needs to be put in place. There should be a difference in how cases are handled. For example, when there is an allegation of a real threat, it should absolutely be taken with all seriousness and every resource should be used to ensure the victim will remain safe. Compare this to an allegation that someone was the victim of telephone harassment, when the evidence shows fewer than 5 calls were made on one day and one day alone. Should that person have a warrant for their arrest issued and sit in jail for those phone calls? I suppose it depends on the context of the calls and the reasonable likelihood of the person calling causing any harm.

This blog post was written by Maryland Criminal Defense Lawyer Colleen Kirby.

Why am I Charged with a Crime in Maryland?

Mon, 08 Aug 2011 13:48:25 -0500

When I say that anyone can find themselves in need of a Maryland defense attorney, I truly mean it. That is because someone you know, or maybe don't even know, can walk into a commissioner's office, put in writing that they were the victim of a crime you committed and you may find yourself labeled a "defendant." All it takes is putting the story in writing, signing your name, raising your right hand and swearing that what you wrote is the truth. The commissioner then reviews what was written and decides whether there is probable cause to issue charges.

Keep in mind that most commissioners are not criminal attorneys. Based on what they decide, you may find an officer or sheriff at your door serving you with papers ordering you to come to court as a defendant. Even worse, you may get pulled over for a broken taillight or minor infraction and find yourself in handcuffs being taken to the police station. If that is the case, you have to endure the entire booking process and then wait to see a commissioner, who will determine the amount of your bail.

Most of these cases involve some sort of relationship between the accuser and the accused, and a large portion of these cases stem from some type of romantic relationship. However, it could also be something as simple as a dispute with a neighbor or someone who dislikes you. So imagine you are ending a romantic relationship with a partner and they are bitter. Then imagine that person being so bitter that they go to the commissioner's office and claim that you assaulted them. There are no witnesses, no one to testify in your defense, and you find yourself having to "prove a negative." While the burden is always on the State, it does not feel like it when you are being accused of something you did not do.

These cases do eventually get reviewed by an attorney in the State's Attorney's Office, some sooner than others. While you wait for an attorney to determine the legitimacy of the claim, you are left in a position where a good Maryland defense attorney is essential. The prosecutor will not discuss the substance of the case with you because you are the defendant. It is your attorney's job to not only discuss the issue with the prosecutor but also begin compiling your defense. Many times, particularly in cases where there was some type of romantic relationship between the parties, the prosecutor takes these claims very seriously and you end up in a trial.

When I explain this process to clients, friends or family, they are always shocked at how easy it is for this to happen. Then I am faced with a variety of questions: "Can I recover the money I spent to hire my lawyer?" or "what happens to the person who wanted to file charges once I am found not guilty or the charges are dismissed?" Unfortunately, there is no good answer to either of these questions. Until there are more protections put in place before the commissioner issues charges, there will remain no good answer.

Colleen Kirby wrote this blog post. Colleen is a Maryland criminal defense attorney, and her office is in Ellicott City. Before entering private practice, she was an Assistant State's Attorney in Howard County. She was in the top twenty-percent of her class at the University of Baltimore School of Law.

Trial As a Defense Attorney

Thu, 07 Jul 2011 13:28:10 -0500

Having a trial as a defense attorney is a completely different experience from trying cases as a prosecutor. You would think it would be much easier because it is the state's burden to prove the case "beyond a reasonable" doubt.

However, it is not that simple. A good defense attorney needs to be prepared to cross examine whatever witnesses the state calls to testify. Under the rules, the state does not need to tell the defense who will testify prior to trial.

Further, despite the "innocent until proven guilty" standard, when your client is sitting at the defense table being pointed to as the guilty person, it is hard to say the judge/jury remains unbiased.

In my most recent experience, the victim testified and identified my client as the guilty party. However, the state did not do its homework. After the state rested its case, I made a motion to find my client not guilty (MJOA) based on the fact that the state had not put on any evidence to support their case.

The detective's wrote an inaccurate charging document and the state did not catch the mistake. Once the state rested their case, the judge had no choice but to dismiss my client's case.

Being able to find a way to clear my client was an extraordinary feeling. Whether it was based on evidence or on a technicality, I was thrilled to see my client walk out of the courtroom with no conviction. Now I know how great the victory feels on the other side of the table.

This post was written by Maryland defense attorney, Colleen Kirby. She is a graduate of the University of Baltimore School of Law and former Assistant Stat'es Attorney. Colleen is a member of the Maryland State Bar Association, Maryland Criminal Defense Attorneys Association, and Howard County Bar Association.

Maryland Criminal Defense Lawyer or Police Officer?

Tue, 14 Jun 2011 14:26:22 -0500

This blog post was written by Maryland criminal defense attorney, Colleen Kirby. Prior to entering private practice, she was an Assistant State's Attorney in Howard County. Colleen clerked for the Honorable Joseph F. Murphy who sits on the Maryland Court of Appeals. At the University of Baltimore School of Law she remained in the top twenty-percent of her class while earning her juris doctor.

As a criminal defense lawyer all too often I receive phone calls from current or potential clients that repeat the phrase, "The cop told me that I should...." And it is followed with some type of advice as to how to handle their situation. Unless I am mistaken, the police academy is not the equivalent of law school.

I have heard everything from, "the cop told me I should request a hearing if I want to fight my ticket" to "the cop told me that I wasn't really being arrested."

When disputing a payable traffic ticket, such as a speeding ticket, there is a difference between a hearing and a trial. If you request a trial, the officer has to show up in court and testify. If you merely request a hearing, he or she never has to go and you are admitting your guilt. The officer is not going to explain that difference to you. When asked, the officer will likely mention your right to a "hearing" and not mention your right to a "trial."

Second, when you are given a citation for driving suspended, you are being arrested despite the fact that you may never be taken to the police station. This gives the false impression that the ticket is "no big deal." In the meantime, some of these tickets carry a maximum penalty of a year in jail and can put 12 points on your license!!

I have also heard people tell me, "the cop told me that if I just paid the money, I wouldn't have to go to court." This is AFTER the cop has filed theft charges. I like to hope they are just very confused as to how the system works, but either way, these deceptive statements are very misleading (to say the least). Once charges are filed, the officer no longer gets to decide if the case is going forward in court. It is now the prosecutor's decision.

The bottom line - DO NOT trust the "advice" that the police are giving you. The minute you come into contact with a law enforcement officer, immediately contact a Maryland criminal attorney to best assist you with how to handle the situation. Remember, attorneys went to law school - police officers did not!!!

How I Got to be a Judge at the Colorado DMV, a Maryland DUI Lawyer's First Job

Tue, 07 Jun 2011 08:57:46 -0500

This blog post was written by Maryland DUI lawyer Ed Tayter. Before entering private practice, he was an Administrative Law Judge, where he presided over 15,000 driver's license suspension and revocation hearings. He received his JD and MBA from Washington University in St. Louis and earned his Bachelor of Arts from the University of Michigan. As a Maryland DUI attorney, he is a member of the American Bar Association and the Maryland State Bar Association.

When I first entered law school, I thought that I had a pretty good plan of where I was going with my career. I was going to study business law, get an MBA, get a job as a corporate consultant, and take it from there. Like many plans, this one survived contact with reality for only the shortest of times. I studied business law, got an MBA, and realized that I wanted nothing to do with Corporate America. So, when I graduated law school with a shiny new JD-MBA I had less of an idea of what I wanted to do with my career than when I'd started.

What does a person do when they have a new degree, a small mountain of debt, and no idea of what they want to do? It's obvious, move to Colorado. And that's exactly what I did. No job, no real job prospects, not even barred. In hindsight, this was maybe not the most well thought out course of action, but everything worked out well.

I moved in with Jill, the sister of one of my law school buddies. She had a room for rent in her suburban Littleton townhouse. This was the best roommate situation that I'd ever found myself in. It was such a good roommate relationship that we ended up getting hitched a couple of years later. We've been married almost 6 years and she hasn't asked me to move out yet.

With shelter crossed off my personal Maslow's Hierarchy of Need, I set out to find gainful employment. I learned, much to my dismay that an MBA, a solid legal-business education, a low tolerance for bullshit, and a burning dislike of corporate culture did not make me particularly employable as a business lawyer. So, I started looking for other legal work.

I answered an online ad for an Administrative Judge position with the Colorado Department of Revenue. When I applied, I didn't know exactly what kind of Hearings I was supposed to be conducting. It turned out that the hearings were driver's license suspensions and revocations for Points system violations and DUI cases. I thought to myself, "Well, it beats sucking the Corporate tit" and with those fateful words I accepted the position and became the youngest Hearing Officer at the Department of Revenue.

I had absolutely zero experience with DUI cases; I had never sat in on an administrative hearing, let alone conducted one. Hell, I hadn't even taken administrative law in school. I was also young, fresh out of school, and nervous that anyone would spot that I didn't know what the fuck I was talking about. The first hearing that I conducted, I'm not sure who was more nervous, me or the guy who was about to lose his driver's license for a year.

Fortunately, the training for new Judges at the Hearings section was terrific. One of the Assistant Chief Hearing Officers who had been doing the job for almost 20 years taught me everything I needed to know about DUI law as it applied to driver's license hearings, or at least enough that I could learn the rest as I went. He also gave me perhaps the best advice about working in Government that I've ever heard "Doing a good job in this place is like pissing your pants in a Navy suit, sure it gives you a nice warm feeling, but nobody really notices."

Next time... what I learned about how to be a DUI lawyer, and more importantly, how not to lawyer, as a DMV Judge.

Howard County Cracks Down on Prostitution, Maryland Defense Attorney Sees a Problem

Mon, 16 May 2011 10:48:37 -0500

Maryland criminal attorney, Colleen Kirby, wrote this post. Colleen clerked for the Honorable Joseph F. Murphy who sits on the Maryland Court of Appeals. She is a former Assistant State's Attorney in Howard County. Colleen attended University of Baltimore School of Law, where she remained in the top 20% of her class. Colleen is currently a private attorney representing clients facing Maryland DUI and other criminal charges.

As reported in Baltimore news, Howard County vice detectives arrested 17 men in an operation near the intersection of routes 1 and 175 in Jessup. "Police said they are hoping their presence in the area will help cut down prostitution -- if not stop the problem all together."

I personally cannot think of a bigger waste of police resources and tax dollars. While there are inherent problems and dangers with prostitution, the Howard County Police Department plans to "stop the problem all together." As a criminal defense lawyer, I would like to know how one police department is going to put an end to an activity that has been taking place for hundreds of years. And does anyone see the foolishness in targeting the "Johns?" As long as women are walking the streets, men will be attracted to the area.

The amount of time, effort, and manpower that is put into these stings is shocking. A large number of officers are selected to participate in these stings. A written plan is drafted by Vice Detectives and all participating officers are briefed on the procedure. Female officers are instructed to "dress the part" and are equipped with a hidden microphone. On the other end of that microphone is a detective who listens in to her end of all conversations. He is then able to radio to the MANY undercover officers set up in the area. These officers are paid to dress undercover and patrol the parking lot in the event they are needed for backup. Further, the Howard County Police Department rents rooms at the Red Roof Motel where more officers sit and wait to take down the suspects. The idea is to get the "John" to agree to a specific amount of money for specific sexual acts and then lead him into the hotel room, where they are surprised by Howard County Police lying in wait. There is no requirement that money actually be exchanged.

When it comes to prosecution, the Howard County State's Attorney's Office formerly did not seek convictions. Instead, the cases were placed on the stet docket with the condition that the defendant complete an HIV awareness class. It was only until enough citizens complained that the elected State's Attorney, Dario Broccolino decided that all viable prostitution cases must be prosecuted. Now, defendants face a criminal conviction on their record, incarceration, a fine, and possible immigration consequences. So the police spend the money putting together the operation, paying the officers overtime, renting hotel rooms, and making arrests. The County spends the money educating the officers on how to properly charge the crime and taking cases to trial. Doesn't the county have bigger issues to spend its time and resources on? According to the Police Department and the State's Attorney's Office - the answer is NO! They will conduct the same operation, in the same location, every few months to "stop the problem all together." Good luck!

Consent Search

Wed, 20 Apr 2011 10:58:09 -0500

This post was written by Maryland criminal lawyer Colleen Kirby. Ms. Kirby is a former Assistant State's Attorney in Howard County. Prior to her work in Howard County as a Maryland DUI lawyer, she clerked for the Honorable Joseph F. Murphy who sits on the Maryland Court of Appeals. Colleen received her Juris Doctor from the University of Baltimore School of Law.

I received an interesting telephone call this evening. The caller had been stopped by a police officer and the officer told the caller that he wanted to search the vehicle because it smelled like cologne. It was the officer's belief that the caller was covering up the odor of marijuana.

The caller's question was "Can I tell the officer that it's okay to look in my trunk and not the rest of my car?" My answer was that he can absolutely limit the scope of the search. Anytime there is a consent search, the person giving consent can limit the area to which the police can search.

I was curious as to why he would want the officer to look in the trunk alone. After listening to the situation, it made perfect sense. The caller had just left the golf course, had been smoking cigarettes, and was on his way to meet his girlfriend for lunch. His girlfriend does not like the smell of cigarettes, and the caller wanted to cover up the smell of the cigarettes before meeting her. He explained this to the officer and wanted to show him the empty pack of cigarettes in his trunk. However, he was in a hurry to meet his girlfriend and did not have time to wait for his entire car to be searched. He explained this to the officer, who was forced to allow him to leave - having no reason to further detain him.

In explaining to the caller why it is acceptable to limit the search to the trunk, as a criminal lawyer I compared it to a consent search of your home. If an officer knocks on the door and asks if he can step inside, giving consent to step inside the door does not give consent to search the entire house. If the officer views illegal items within plain view while standing in the foyer, he can seize that evidence and file the appropriate charges. However, he cannot walk around the entire house looking for possible contraband.

Therefore, when it comes to a situation where the officer is asking permission to search, you have the authority to say no, or limit the areas to which the officer can search. Saying no, or putting limits on the search, does not give any more power to the police.

If you are in need of representation in Maryland, contact an experienced Rockville Criminal Lawyer for a free consultation.