Criminal Defense Lawyer Blog
Published on:

By

image-27-300x201

Maryland authorities were able to serve a 5-year-old Wicomico County arson arrest warrant after the suspect’s sailboat washed ashore near Rehoboth Beach, Delaware.  The sailboat was already seized by law enforcement earlier this year after it was found anchored and unattended off of the coast of Long Island.  Upon returning the boat to its owner New York authorities discovered the man had an outstanding theft warrant out of Florida.  He was not taken into custody in New York but rather allowed to continue on his stated goal of sailing the vessel from Massachusetts to Florida.  About one month later the same boat washed ashore in Delaware, and when authorities once again made contact with its owner, they discovered his 2021 Maryland arrest warrant.  Rather than simply inform the captain/suspect about his legal situation, Delaware police made an arrest and informed Maryland authorities he was ready for pickup.

It’s one thing for law enforcement to take someone into custody for a theft warrant issued by a state 1,000 miles away.  In this scenario there is no guarantee the charging state is willing to foot the bill for the 15-hour drive and the arrested individual often spends 10 to 30 days in a local jail before being cut loose.  It’s an entirely different situation when the suspect is arrested just across state lines from where the alleged crime occurred.  Delaware routinely arrests and holds Maryland defendants and vice versa.  Maryland calls these out-of-state arrests fugitive from justice cases, and District Court Judges rarely grant release on bail as other states frequently do.

In this particular case Delaware worked promptly to have the arson suspect extradited to Wicomico County where a District Court Commissioner held him without bail charges malicious burning in the 1st degree, trash container arson and malicious destruction of property.  The most serious of the charges is first-degree malicious burning, which is defined as maliciously setting fire to the property of another that results in property damage over $1,000.  This offense is considered a felony that carries up to 5 years in prison upon conviction.  The second fire related charge is burning of a trash container, which has a 30-day maximum penalty.  Neither of these offenses are legally defined as arson though they are listed among the arson/burning laws.  The final charge is for malicious destruction of property over $1,000.  This offense carries up to 3 years in prison or 60 days if the damage is less than $1,000.

Continue reading →
Published on:

By

image-26-300x202
As beach season comes to an end in Ocean City local politicians are already looking for help from lawmakers to assure summer 2027 is as safe as possible.  The mayor of Maryland’s only beachfront town is looking is looking to Annapolis to fight the “teen takeover” phenomenon that resulted in dozens of arrests, injuries and property damage this summer.  Teen takeovers are large, organized meetups of teenagers at public places such as malls, parking lots, beaches and in the case of Ocean City, boardwalks.  They are often initiated by social media posts that can display flashy AI generated flyers.  Thousands of people can show up at these takeovers, which occur despite a lack of any organized planning.  While most teens show up just to hangout, the takeovers are notorious for sparking fights, traffic blockages and vandalism.  Once the mob mentality sets in it often takes dozens of police officers to disperse the crowd and places hundreds in danger.

The mayor lamented the fact that lawmakers failed to act in this year’s legislative session by passing laws that would target organizers.  Rather than try to prevent the takeovers from occurring through deterrent legislation the Worcester County Sheriff, Ocean City Police and the State Police were forced to devote large resources to mitigating the damage caused by the takeovers.  This summer there were 6 documented takeovers, which all resulted in multiple arrests.  The first occurred in April where police arrested 4 people.  The next month at a boardwalk takeover police made 37 arrests and recorded 10 different assaults and a stolen vehicle.  June saw three different takeovers that totaled close to 200 arrests and more than 50 assaults.  The July 4th Beach Party Takeover resulted in 79 arrests and 39 assaults.

While law enforcement is now better equipped to respond to potential takeover events through monitoring of social medial platforms, the goal of local Ocean City to criminalize knowingly organizing or promoting them so they don’t happen in the first place.  This will not only protect the public but also juveniles and young adults who may up injured and/or facing criminal charges.

Continue reading →
Published on:

By

image-24-300x201

When most people think of federal crimes they think of high-profile FBI investigations or DEA busts, but in reality, the majority of federal prosecutions in Maryland are petty offenses initiated by smaller localized federal police departments.  These petty or misdemeanor offenses are almost exclusively charged by way of citations that are processed by the Central Violations Bureau or CVB.  The CVB is a national office that sets court dates and accepts fines and collateral payments for all citations issued across the country.  This is somewhat similar to the District Court of Maryland’s procedure, though the federal system does not have a user-friendly case search system to look up cases right away.  In fact, it could take several weeks or even months for a federal petty offense to show up in PACER.  The unknown can make the experience more stressful than dealing with a state case, but with the right preparation and representation, the outcome of a federal petty offense prosecution can be more favorable than a state case.

Federal citations can be broken up into two categories, which are collaterals and must appear citations.  This is similar to State citations issued in the District Court of Maryland. Collateral cases can be resolved by paying or forfeiting collateral (money) to the CVB.  In reality this functions as a fine, and minor traffic infractions account for the majority of these collateral cases.  Once a defendant pays the collateral the case will be closed.  The downside of paying a collateral case is that it is considered an admission of guilt, and this can lead to negative consequences beyond the courtroom.  This includes points being assessed on a driving record and potential impact on security clearances or background checks.

Anyone concerned about the consequences of paying a federal citation should contact a Maryland federal citation lawyer for advice before paying the ticket.  A lawyer can challenge the legality of the ticket or negotiate for a reduction or dismissal of the charges with the U.S. Attorney’s Office or JAG prosecutor.  Citations that are not paid will automatically be set for court by the CVB in Greenbelt or Baltimore City.  A federal prosecutor will eventually handle collateral citations that are set for trial, which is not the case in most state jurisdictions where it is just the officer.  The Greenbelt courthouse hears cases charged by the Park Police for violations on the BW Parkway (295) and other federally patrolled highways.  Greenbelt also hears cases from the NIH, VA and other federal facilities.  Fort Meade and NSA cases are handled in the Baltimore City courthouse on Lombard Street and often have large dockets.  The Army maintains a police department that patrols roads around Fort Meade, so you do not technically have to be on federal property to receive a federal ticket.  This includes highway 32 and 175 (Annapolis Road) along the Howard County and Anne Arundel County lines.  Federal cases in Maryland can also be heard in Salisbury (Assateague Island cases) or on military bases including Andrews, Aberdeen Proving Ground and Patuxent River.  We have successfully handled federal citations in all these courthouses and are standing by to offer a free consultation.

Continue reading →
Published on:

By

image-22-300x200Prince George’s County Police officers recently arrested two jewelry store burglars as they attempted to flee the crime scene empty handed.  The incident occurred at around 2 a.m. on the PG County side of Laurel.  The entire attempted heist was caught on surveillance video, which showed the defendants gaining entry to the store using a portable circular saw.  Cameras also recorded the defendants searching the interior of the store for valuables only to leave empty handed after realizing the glass cases throughout the store were empty.  According to the store owner, who was interviewed by local news outlets, all jewelry was stashed in the store’s safe during the overnight hours.  After wandering around the store for a minute or two the masked burglars aborted their poorly planned mission and attempted to flee the scene.  Unfortunately for the suspects, a Prince George’s County Anti-Burglary Unit just happened to be in the area right as the break-in occurred.  The unit was alerted by the store’s alarm system and marked cars arrived as the suspects were about the leave the parking lot.  Multiple cop cars boxed the suspects in, and both were arrested without further incident.

The defendants were charged with multiple crimes with the most serious being second-degree burglary under Maryland Criminal Law section 6-203.  Second-degree burglary is defined as breaking and entering a storehouse with the intent to commit a theft, crime of violence or arson.  Storehouse is certainly not a common word these days and simply means any non-dwelling structure such as a business, warehouse or other commercial facility.  The penalty for this offense is up to 15 years in prison, though it jumps to 20 years if the defendants broke in to steal a firearm.  The defendants also face malicious destruction of property charges under criminal law section 6-301 for intentionally damaging the doors. The State will likely have no issues proving the circular saw caused more than $1,000 of damage, which makes the penalty up to 3 years in prison.  Malicious destruction under $1,000 is a much less serious offense with a 60-day maximum penalty.

Defendants in these cases also typically are charged with fourth-degree burglary under criminal law 6-205, which is the catch-all burglary offense in Maryland.  It is basically the charge for breaking and entering any structure, and the State is not required to prove intent to commit another offense while inside. It is the only burglary charge that is classified as a misdemeanor.  Defendants charged with felony burglary often attempt to negotiate a reduction to burglary in the fourth degree to keep the felony off the table.  Those who are only charged with fourth degree burglary often negotiate for a trespass.

Continue reading →
Published on:

By

Crv-300x200Last week in Montgomery County a 56-year-old man was struck and killed along the grassy median of Muddy Branch Road in Gaithersburg.  The accident occurred shortly before 5 a.m. and by 11:30 that morning police had already located a 2011 SUV with front end damage in the crash scene’s vicinity.  Montgomery County Police Collision Reconstruction Unit detectives responded and discovered the identity of the suspect who may have been responsible for the deadly crash.  Detectives determined that the driver left the roadway and traveled into the grassy median for unknown reasons before striking the pedestrian.  The driver was not at the scene when police arrived and did not attempt to contact police.

Later in the day of the accident, police were able to secure an arrest warrant for two felony charges including manslaughter by vehicle and leaving the scene of an accident involving death.  The day after obtaining the warrant law enforcement officers at the Newark airport detained the defendant as he was attempting to board a flight out of the country.  If not for the diligence of detectives, the defendant likely would have been able to avoid prosecution.  At the same time, it is fair to question whether police had the requisite evidence to charge manslaughter by vehicle.

There are two types of manslaughter by vehicle, but both require proof of the defendant’s actions while behind the wheel.  Manslaughter by vehicle under transportation Article 2-209 is a felony with a maximum penalty of 10 years in prison.  It requires proof of gross negligence, which is behavior that demonstrates a reckless disregard for human life.  Criminal negligence manslaughter under TA 2-210 requires proof of criminal negligence or creating a substantial and unjustifiable risk to human life.  This offense is a misdemeanor with a 3-year maximum penalty.  Both offenses would typically require a detailed crash reconstruction in order to obtain driving characteristics such as speed, impairment or aggressive driving.  These investigations could take months before charges are filed, but in this case, police made a determination the same day of the accident.  Regardless, police would not need a lengthy investigation to determine probable cause for failure to remain at the scene of the accident as the suspect was clearly not at the scene when law enforcment arrived.

Continue reading →
Published on:

By

IMG_8771-201x300Maryland State Police recently arrested a 52-year-old Carroll County man in connection with a shooting outside of a crowded Eldersburg restaurant.  The shooting occurred at roughly 9:30 p.m. on a Friday night, and when troopers responded they observed two men suffering from gunshot wounds.  The two victims, a 60-year-old man and a 50-year-old man were transported to a trauma center for medical treatment.  Troopers also located a suspect in the shooting, who was arrested on the scene without incident.  According to the MSP press release, troopers learned that there was an altercation behind the restaurant in question, and that the three involved individuals all knew each other.  A firearm was recovered on the scene in glove compartment of the defendant’s golf cart and processed into evidence.

Troopers consulted with the State’s Attorney’s Office for Carroll County and made the decision to charge the suspect with two counts of first degree assault, one count of firearm use in a crime of violence and one count of wearing a handgun while under the influence.  This case is unique because the defendant held a valid Maryland Wear and Carry license.  Most gun crimes, especially violent crimes, are committed by those who do not have a permit.  In fact, many defendants in violent gun crimes are also prohibited from possessing a firearm due to prior criminal convictions or being under the age of 21. The charge of wearing a handgun while under the influence can only be charged when a defendant possesses a valid Maryland permit to wear or carry.  This offense is listed under the Public Safety Code in section 5-314.  A violation of this offense carries up to 1 year in jail and a $1,000 fine.  A conviction or a probation before judgment to this offense will also likely trigger permit suspension or revocation proceedings initiated by the Maryland State Police.  Obviously in this case the defendant has bigger issues to deal with; assault in the first degree carries up to 25 years in prison and use of a firearm in a crime of violence carries a 5-year mandatory prison sentence.

From a review of the statement of charges documents it certainly appears this will be a self-defense case.  The defendant allegedly told law enforcement that he shot one individual after being choked and was unaware that he shot the other individual.  Surveillance camera footage from the restaurant’s back parking lot apparently showed one of the gunshot victims initiating the physical altercation by bear hugging the defendant.  Customers in the restaurant were interviewed and reportedly told troopers that the defendant was acting belligerently and that the three individuals left the restaurant to engage in a physical altercation.  Most gunshot cases are charged as attempted murder, but based on the charging document it is clear that the State made the correct call in not requesting this charge.  Regardless, two counts of first-degree assault and the use of a firearm in a crime of violence present a significant risk for the defendant if the case goes to trial.  The defendant was unsurprisingly held without bail by a District Court judge, though he will have a much better shot at release in the Circuit Court.

Continue reading →
Published on:

By

https://www.criminaldefenseattorneyblog.com/wp-content/uploads/sites/25/2026/04/Grok-Image-2026-04-17-at-3.27.33-PM-200x300.pngState lawmakers recently passed a bill that would require certain drivers to equip their cars with speed monitoring devices for at least 1 year.  The Intelligent Speed Assistance System bill has been sent to the governor’s desk for a signature and could become law on October 1.  Assuming the governor signs on the dotted line, the new law would give the state another major tool to combat high-speed driving on Maryland highways and side streets.  Speed monitoring devices are known as Intelligent Speed Assistance systems or ISAs and are installed in a vehicle much like an interlock device for those driving with an alcohol restriction.  In fact, many of the same companies that install and monitor interlock devices have thrown their hat into the speed monitoring game, as this law creates a massive financial opportunity.

Speed monitoring devices are currently utilized by companies to limit the speed of their drivers in company vehicles.  The devices us GPS to monitor the speed limit and have the ability to restrict acceleration as the vehicle approaches the limit.  You have probably seen the signs on the back of trucks and work vans.  Concerned parents also have the ability to pay to have the devices installed to monitor and/or limit the driving habits of their children.  This government mandated program is a whole new animal though and would only grow if it proves to be successful in the eyes of the government.

Senate Bill 366 or the Intelligent Speed Assistance System Pilot Program would require Maryland drivers who have accumulated 8 or more points due to moving violations such as speeding and reckless driving to obtain a speed device restricted license.  Some commercial driving violations would also be included as well as a conviction for causing death or serious bodily harm due to an accident involving texting or using a phone while driving.  The program would last for 1 year and like the interlock program could be extended for violations.  Those restricted for speed license could face additional charges and potential jail time for driving a vehicle not equipped with the device.  Violating a license restriction is a serious offense, which often can lead to probation violation proceedings in addition to the any punishment for the actual citation.

Continue reading →
Published on:

By

image-14-201x300

Baltimore City police recently arrested an alleged serial burglar after executing a search warrant the resulted in the recovery of stolen property linked to more than a dozen different victims.  The 34-year-old Prince George’s County man had numerous outstanding arrest warrants and now faces more than 50 different criminal counts in four separate open criminal cases.  According to police reports the alleged thief used specialized tools to break and enter upscale hotels in Harbor East and Downtown Baltimore City.  Law enforcement has thus far recovered more than $20,000 worth of stolen property including jewelry, electronics, passports, checks, clothing and credit cards.  In addition to the hotels the defendant is also accused of burglarizing two apartments and a commercial building.

The hotel burglaries occurred in January and February of this year at Marriott and Hilton owned properties.  Hotel staff did not report any type of forced entry and were not able to recover surveillance footage that specifically identified the defendant.  Additionally, there were no unauthorized key card entries into the burglarized rooms, which further flummoxed hotel security.  Detectives were ultimately able to identify the defendant using preserved surveillance footage from a 2024 burglary on President Street in Baltimore.  He was arrested on March 3 and is now being held without bail at Baltimore Central Booking Intake Facility or BCBIC.  In addition to the numerous burglary and theft charges, the defendant also faces charges of first degree assault, second degree assault, armed robbery, firearm use in a crime of violence, theft, malicious destruction of property and handgun possession from an alleged incident that occurred this past December.  An arrest warrant was issued in this case on January 5, prior to string of recent burglaries.

The robbery charge is by far the most serious offense the alleged hotel burglar is up against due to the 5-year mandatory prison sentence that follows a conviction for use of a firearm in a crime of violence.  However, the sheer number of burglary and theft charges may present significant challenges for the defendant.  Maryland law classifies burglary in four different degrees, with first, second and third degree burglary all being felonies.  First-degree burglary prohibits breaking and entering a home or dwelling with the intent to commit a theft or a crime of violence.  The maximum penalty is 20 years for intent to commit theft and 25 years for intent to commit a crime of violence (home invasion).  Hotel rooms count as dwellings under Maryland burglary law, so the defendant faces multiple first-degree burglary charges.  Maryland law does not differentiate between and occupied or unoccupied dwelling, which means the offense is not less serious on paper if home or hotel room was empty.  Second degree burglary deals with storehouses and other non-residential structures.  Breaking and entering a store or other building with the intent to commit theft is a felony with a 15-year maximum penalty.  Third degree burglary has a 10-year maximum penalty and is defined as breaking and entering a dwelling with the intent to commit any crime.  Finally, fourth degree burglary is the catch all for breaking and entering any type of building (residential, government or commercial).  Private yards or gardens can be included under the fourth degree burglary statute, which carries up to 3 years in prison upon conviction.

Continue reading →
Published on:

By

image-13-200x300State Troopers recently arrested an Ocean City police officer for numerous traffic violations including DUI and reckless driving.  The 28-year-old officer, who is a member of the Traffic Safety Unit, was honored as the 2024 Officer of the Year at a ceremony on February 8, 2025.  Exactly one year later he was arrested for drunk driving at 3 a.m. down by the boardwalk.  The full details of the arrest are not part of the public record at this time, as DUI cases are generally initiated by serving citations upon the driver and then releasing him or her to a sober friend or family member.  A driver who is charged with DUI by way of citation will be arrested but not booked into the local jail. Therefore, the arresting officer is not required to generate a statement of charges that would establish probable cause for the arrest.  These statement of charges documents describe the criminal incident and are part of the public record.  They are required in order for a defendant to be booked into jail with a few exceptions to include failure to appear or probation violation bench warrants and arrest warrants.  Statement of charges documents can be viewed at the courthouse by any member of the public as long as the defendant is not under the age of 18.  This of course includes the media, who often obtain statements by going to the closest courthouse and printing them out at the clerk’s office.  In this particular case we will likely have to wait until a court appearance to find out what exactly transpired at 3 a.m. in downtown Ocean City this past weekend, as the only documents in the court file in this type of case would be the citations.  Since the defendant is a police officer there was a request to shield his address from the public record, so the public would likely not be able to even view the original citations.

What we do know is the officer was charged with a total of seven traffic violations.  Three of these violations carry jail time, with the DUI charge having the highest maximum penalty of up to one year in jail.  The officer is facing up to 60 days in jail for DWI and reckless driving.  The remaining four citations carry a fine and possible points, as they are all classified as moving violation including driving the wrong way down a one-way street, which is a common cause for a DUI traffic stop in Ocean City, Baltimore City and downtown Frederick where numerous one-way streets tend to confuse buzzed drivers.  As a member of the Traffic Safety Team, the officer/defendant was tasked with overseeing collision reconstruction investigations.  In 2024 he issued more than 500 traffic citations and 300 warnings to go along with his 62 arrests.

Like most cases where police officers have been charged, the local State’s Attorney’s Office has recused itself from the prosecution due to the relationship between the OCPD and the Worcester County SAO.  The Caroline County State’s Attorney’s Office has stepped in to handle the prosecution and the main district court judge in Snow Hill has recused himself due to the fact that he is a former Worcester County prosecutor.  A visiting judge will likely preside over the case when the trial date rolls around.  The Blog will continue to follow this and may post a follow up article after the case is resolved.  If the officer is found guilty or granted probation before judgement for DUI or DWI he will be required to install an interlock device on his vehicle and obtain a restricted ‘interlock only” license.  He may be able to obtain a work exception that would allow him to drive a police cruiser without interlock, but it is unclear whether the Ocean City Police Department would allow this.  It does not seem like a good look to have an officer who is on DUI probation and a restricted license to be driving a police vehicle around town.  Maybe there will be an opening on the bike patrol, or maybe he’ll put up a good defense.  Benjamin Herbst is a  Maryland DUI lawyer who handles drunk driving cases in all jurisdictions across the state and in federal court.  In addition to successfully defending those with no prior record, he specializes in representing out-of-state drivers charged with DUI and repeat offenders.  Worcester County is very proud of its DUI conviction rate, though Benjamin earned a 30 minute not guilty verdict in his last Snow Hill DUI jury trial.  Contact Benjamin anytime for a free consultation at 410-207-2598.

Continue reading →
Published on:

By
image-10-200x300In 2023 the Maryland Legislature passed the Gun Safety Act, which among other things, aimed to limit where firearms could legally be possessed within the state.  It was created in large part as response to a Supreme Court decision that upheld rights to possess and carry firearms under the Second Amendment just one year earlier.  Under the Bruen case, the Supreme Court struck down a harsh Maryland restriction on obtaining concealed carry permits, which resulted in the issuance of thousands more permits.  In response, many lawmakers felt the need to strike back by limiting where lawful permit holders could carry their handguns.  Sensitive places exceptions were applied to delineate these no carry zones, but it was only a matter of time before gun rights advocates sued to declare these exceptions an unconstitutional infringement of the Second Amendment.  So called “sensitive places” under Maryland Criminal Law 4-111 include government buildings such as courthouses and state agency buildings like the MVA, public transportation, school grounds, state parks and forests, museums, hospitals and doctor’s offices, stadiums and casinos and locations that sell alcohol. Areas within 1,000 feet of a public demonstration and private property that is held open to the public also fell under sensitive places laws.

The plaintiffs sued to declare these “sensitive places” regulations unconstitutional, while defendants argued the restrictions are in line with the Supreme Court’s ruling in Bruen and thus legal.  In sum, the United States Court of Appeals for the Fourth Circuit mostly sided with the defendants/appellees and declared the Maryland rules constitutional.  The Court unanimously upheld gun restrictions within government buildings, schools and healthcare facilities.  Gun bans within 1,000 feet of public demonstrations, on public transportation, in state parks, places that sell alcohol (bars and restaurants), museums, stadiums, racetracks, amusement parks and casinos are constitutional, but the holding was not unanimous. The Court struck down the Maryland provision that prohibits gun possession on private property held open to the public.

Maryland has strict laws regarding who can wear, transport or carry a firearm under Criminal Law section 4-203.  A violation of this law carries up to 5 years in prison for a first offense and up to 10 years for repeat offenders.  Criminal Law 4-203 applies to all places outside of the home, including vehicles.  Naturally, these prohibitions apply to sensitive places as well.  As a result, the sensitive places restrictions really only apply to those who have taken all the necessary steps (passing background checks and safety courses) to obtain a wear and carry permit.  So called “gun safety” lobbyists and politicians have lauded this decision as a major victory, but the questions remains whether these restrictions actually make us safer.  Gun crimes are overwhelming committed by those who are not licensed to carry, and a large percentage are committed by those who are prohibited under state and federal law from even possessing a firearm in the first place due to criminal convictions and age restrictions.  Far less than 1 percent of gun crimes are committed by those with a wear and carry permit, making this appeals court victory more of a political statement than a practical and substantive outcome.
Continue reading →
Contact Information
Baltimore Office
400 E Pratt St 8th Floor
Baltimore, MD 21202
Phone: (410) 207-2598

California Consumer Privacy Act (CCPA) Opt-Out IconYour Privacy Choices Cookie Policy Manage Cookies

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2015 – 2026, Benjamin Herbst, Esq.
JUSTIA Law Firm Blog Design