1125 West Street,
Annapolis, MD 21401
5700 Coastal Hwy. #305,
Ocean City, MD 21842
410-280-2500
Recent Blog Posts
How Do You Fight Assault and Battery Charges?
A strong defense is essential when facing an assault and battery charge. Depending on the severity of the charge, the stakes in these cases can get high. If you were recently charged with assault and battery in Maryland, consider how the state statutes might impact your case and how a Worcester County, MD defense attorney can help navigate the right defense.
What Is Assault and Battery in Maryland?
In Maryland, the term "assault" covers a broader list of offenses, from the threat of harm against another person to actions resulting in physical harm. While battery used to refer to unlawful contact that results in physical harm, it is now covered under assault. Under Maryland law, there are categories of assault and battery governed by rules that define what each offense is, how to prosecute them, and what penalties you could incur.
Do You Go to Jail for Disorderly Conduct in Maryland?
If you or someone you love was arrested for disorderly conduct in Maryland, you are probably wondering what happens next. Will you go to jail? Will this charge stay on your record? Can you fight it?
Disorderly conduct is one of the most common criminal charges in Ocean City and across Maryland, especially in busy public areas like boardwalks, bars, concerts, and protests. But just because it is common does not mean it is not serious or that you would not benefit from representation from a Maryland criminal defense lawyer. Here is what you need to know.
What Counts as Disorderly Conduct in Maryland?
Maryland law covers a wide range of behaviors that disturb the peace, including:
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Fighting or causing loud disturbances in public (yelling, screaming, or provoking fights)
Court of Appeals Hears White Collar Crime Case Involving Wiretap
In the high-profile case of hedge fund manager Raj Rajaratnam, who was convicted of insider trading following an investigation by the Securities and Exchange Commission (SEC), judges will decide whether omitting key investigative information is grounds for throwing out evidence from a wiretap.
Federal Wiretap Laws
Federal investigators use wiretaps in both criminal and civil investigations, though their use is more common in criminal cases. Investigators must obtain authorization from a federal judge to use a wiretap. This authorization lies at the heart of Rajaratnam’s appeal.
Federal law states that all use of wiretaps in civil and criminal investigations must be authorized by a judge in the jurisdiction where the wiretap is to be used. To be authorized to use a wiretap, law enforcement must present detailed information regarding when, where and how the wiretap will be used.
When seeking a wiretap authorization, a law enforcement officer must explain why he or she believes the wiretap is necessary, the nature of the offense and who law enforcement believes is committing it, where the wiretap will be used, what will be recorded and how long the wiretap will be in place.
Lawmakers Heighten Burden of Proof for Asset Seizure in New Bill
Several U.S. senators have introduced a new bill that aims to heighten the burden of proof for asset forfeiture.
Under federal law, law enforcement officials only need to prove their case by a "preponderance of the evidence" to legally confiscate the assets of an individual connected to a crime. As long as the facts are simply "more likely true than not," then the burden is met. Individuals do not even need to be charged or convicted of the crime in order for authorities to take their property.
Some state lawmakers have passed laws that heighten the burden for confiscating assets as a way to mitigate asset forfeiture abuse. However, many state authorities have skirted this requirement by simply "federalizing" the investigation-a loophole whereby state authorities contact the DEA or other federal agency to get their case under federal jurisdiction.
But some lawmakers believe that the current practice on both the federal and state level infringe on a person’s due process rights. Several U.S. senators have introduced a new federal law that aims to heighten the burden requirements law enforcement officials must meet to seize property or assets.
What Factors Affect How Quickly a Driver’s BAC Level Rises?
How quickly a person’s BAC level rises after drinking alcohol depends on a number of different factors, such as their weight and gender.
When a person in Maryland consumes an alcoholic beverage, the alcohol is absorbed into the wall of the small intestine and then travels throughout the rest of the body by way of the blood. When this occurs, the National Highway Traffic Safety Administration states that the person’s blood alcohol content level is the weight of the alcohol in comparison to a certain volume of blood. If the BAC level is above the legal limit and the person decides to operate a vehicle, the person may face charges for driving under the influence of alcohol.
Influences That Cause BAC Levels To Rise
How quickly a person’s BAC level rises after consuming an alcoholic beverage is impacted by several different factors. According to the NHTSA, these include the following:
- Weight-the more a person weighs, the more water there is in their body to absorb the alcohol. Due to this, a person who weighs less will have a higher BAC level than someone who weighs more.
Supreme Court Considers Deportation for Drug Crimes Conviction
Being charged with a crime can be a nerve-wracking time for someone who has never been facing jail time. These individuals may not know what to do in these situations, and could try to bargain with the prosecution in an effort to get a reduced sentence.
Certain offenses, especially drug crimes, are considered to be non-violent, meaning that the prosecution may not seek extensive jail or prison time for those convicted. However, there may be some additional penalties that may arise, and offenders need to be aware of some of the dangers that may accompany a guilty plea. This is especially true for immigrants, as certain criminal convictions may lead to deportation. A recent United States Supreme Court case examined this issue in greater detail.
The case concerned an individual in the country legally who was arrested in Georgia for possession of marijuana with intent to distribute. The person had roughly 1.3 grams of the drug in an automobile that was stopped by police. The motorist stated that he was going to share the marijuana with others, and was not expected to receive any compensation for doing so.
Defending Child Pornography Charges
At the law Offices of Murphy & Price, we regularly defend child pornography cases at both the State and Federal level. It is imperative that if you are investigated or charged with a child pornography related crime that you seek competent, aggressive counsel immediately. Child pornography charges often have short term and long term consequences. Sometimes, people who are charged with these crimes are arrested and held without bail pending their trial. Long term consequences can include mandatory sex offender registration and the potential of significant jail time.
The maximum penalties for Child Pornography charges depend on whether you are charged in State or Federal Court. In Maryland State Court, possession of child pornography is classified as a misdemeanor. If found guilty, defendants are subject to a maximum of 5 years in State Prison (Maryland Division of Corrections). The charge of Distribution of Child Pornography in State Court carries a maximum of 10 years in prison. At the federal level, Distribution of Child Pornography carries a 5 year minimum mandatory sentence with a maximum penalty of 20 years in Federal prison. can be sentenced up to 10 years in prison or up to 20 years in prison if the minor depicted in the image is under the age of twelve.
DUI in Maryland: Legislature Expands Ignition Interlock Restrictions
Drunk driving continues to be a major concern for Maryland’s police force and elected officials. The National Highway Traffic Safety Administration reports that Maryland had 177 alcohol-related traffic deaths in 2010, which was nearly 36 percent of all traffic fatalities, as well as an increase from 2009. In repose to these statistics, Maryland lawmakers passed the 2011 Drunk Driving Reduction Act, which took effect on October 1, 2011.
2011 Drunk Driving Reduction Act
One major change implemented by the DDRA is an expansion of the state’s ignition interlock program. The Baltimore Sun Reports that the interlock program has increased from 5,500 participants in 2008 and 7,900 in 2009 to nearly 9,100 estimated participants in 2011. The program is expected to continue its growth as more judges begin to trust its effectiveness and as the legislature makes the penalty available for more offenses.
The old law primarily imposed ignition interlock controls when someone convicted of a DUI submitted to a breath test and blew 0.15 or higher, refused a breath test, or was convicted on at least their second DUI charge. According to the Baltimore Sun, however, the new DDRA will require drivers to enroll in the interlock program if:
Examining the Scientific and Societal Effects of Drug Decriminalization
Popular Science recently examined the science behind marijuana decriminalization efforts across the country.
In November 2014, the states of Alaska and Oregon, along with the District of Columbia, voted to legalize the recreational use of marijuana. This came two years after Colorado and Washington broke ground by being the first states to approve these measures, and more states across the country appear to be moving toward similar efforts.
Although the legalization of recreational marijuana is relatively new in the U.S., many states and local governments nationwide have decriminalized the possession of small amounts of the drug. These measures, endorsed by organizations like the American Academy of Pediatrics, aim to reduce the number of people incarcerated for marijuana possession and allow law enforcement officers to focus on more serious crimes. Generally, these states still have steep penalties for those convicted of selling and distributing the drug.
Federal Judge Rules Maryland Gun Law Unconstitutional
In a decision that could have wide-reaching impact on the gun laws of many states, a federal judge declared Maryland’s law governing handgun permits unconstitutional. Officials in Maryland are planning on appealing the decision, but some state lawmakers are already trying to amend the law to eliminate the portion that the court found unconstitutional. The ruling illustrates some of the complex legal issues that arise in the interaction between state and federal laws.
Judicial Review
The law came under scrutiny when a Maryland resident sued the state police superintendent and members of the Handgun Permit Review Board after they denied his application for a renewal for his permit to carry a handgun in 2009. The man had initially received his permit in 2002 and renewed it in 2006. When he applied for renewal in 2009, the Board stated that the man had "not demonstrated a good and substantial reason to wear, carry or transport a handgun as a reasonable precaution against apprehended danger in the state of Maryland," as the law requires.
When Cases Are Serious, Look To Murphy & Price
5700 Coastal Hwy. #305, Ocean City, MD 21842
410-280-2500
