Articles Posted in Uncategorized

Each year thousands of defendants are arrested or cited for crimes they did not commit, and thankfully a large percentage of these cases are dismissed in court. Defendants who are not fortunate enough to have their cases dismissed may still walk out of court without a permanent criminal conviction, and others may be given the opportunity to have the conviction stricken down the road. Exiting through the front door of the courthouse without a criminal conviction is only half the battle, as cases do not simply disappear upon being closed or dismissed. While it is certainly a relief to have your criminal case closed, the record of its existence could still be extremely damaging and stressful for years to some.

The question for many former defendants in the days following the closure of their cases is how to limit others from finding out about it. This includes current and prospective employers, academic institutions and professional organizations. Those who are searching for a potential better half also do not want to deal with the horror of a meticulous Google search turning up misleading negative information. Everyone (and their friends) has the tendency to pass quick judgment about a potential romantic interest, and a prior criminal case that is easily viewed online could spell disaster. So how can you prevent this from happening?

The answer to this question depends on a ton of factors including the specific outcome in court, and whether it was a state or federal case. For starters, the federal criminal justice system does not provide an avenue for a defendant to expunge his or her closed case. A defendant wrongfully charged with bank robbery in federal court will not be able to expunge the case even if it was nolle prossed prior to trial. The same goes for defendants charged with minor offenses such as petty theft or drug possession who complete community service in exchange for dismissals. All hope is not lost for federal criminal defendants though, as these cases are often more difficult for the general public to find. Unlike many state cases a federal case listed on PACER will not be visible with a simple web search and you cannot access this system without an account. Additionally some petty offense cases that are initiated via a citation may not show up in certain commercial background checks.

The Ocean City Police recently announced a large prostitution sting, which yielded multiple arrests of defendants from numerous states. All told twelve people were arrested on charges ranging from misdemeanor prostitution to felony possession with intent to distribute a controlled substance. Six of the twelve arrested are from Maryland but only two were actually from Ocean City. The other four hail from Cumberland, Severn, Salisbury and nearby Berlin. One defendant is from Alexandria Virginia and two are from Delaware. The other three hail from Pennsylvania, a bordering state that brings thousands of tourists to the local beaches each summer. All but one defendant was released on personal recognizance, which allows for immediate release without a bail being posted. By order of the Chief Judge, the district courts have been more inclined to released defendants on recog over the last few months. The one defendant who was forced to post a bail was later released after putting up $10,000.

While the police announced the sting was part of a human trafficking operation, there were no arrests for the felony charge of human trafficking. An investigation into suspects engaged in this type of criminal activity could be ongoing, and detectives may try to use any evidence recovered in this sting to locate those suspects. Human trafficking may sound like it is a crime limited to the buying and selling of people for profit, but it includes numerous other activities. In fact, anyone who persuades or induces someone to engage in prostitution or who profits from someone else engaging in prostitution could be charged with felony human trafficking. This type of activity is more related to acting as a pimp or pimping than buying and selling people, but the potential criminal charge could be the same.

Like anyone else charged with prostitution in Maryland, these twelve defendants will have a chance to fight their charges in the Ocean City District Court. The crime of prostitution carries maximum 1-year jail sentence so the defendants may choose to request a jury trial, which will result in their cases being transferred to the Worcester County Circuit Court located in Snow Hill.

Many people find out that there is a warrant for their arrest when it is too late to actually do something about it. For example if there is an active warrant and a police officer pulls you over for a traffic violation you will almost always be taken into custody right then and there. Additionally if you show up to probation with a warrant an officer will likely be waiting to take you away in cuffs. But if you are lucky enough to find out about your warrant beforehand there are certain things you can do to avoid having to go to jail.

There are two basic types of warrants in Maryland and it is important to understand the differences before deciding what you can do about the situation. In state court cases a bench warrant is a warrant issued by a judge of either the district or circuit court. The most common cause of a bench warrant would be for a failure to appear at a court date for either a traffic or criminal case. Bench warrants will not be issued for failing to appear at a minor traffic case such as speeding or running a red light. The consequence for not showing up to theses cases is typically the issuing of a failure to comply suspension that may result in the MVA suspending your drivers license. If you fail to appear and a warrant is issued the judge will typically decide bail in court, but could also indicate that bail is to be set by the commissioner. In felony cases or other more serious crimes the judge may decide to issue a no bail bench warrant. The best way to deal with a bench warrant is to file a motion to recall or quash the warrant and request that the judge reset the case for trial. If you hire an attorney to file the motion there is a good chance it will be granted, as the judge will see that by getting a lawyer you have taken steps to deal with the case and are likely to show up for your next court date. You may also decide to file the motion on your own. In this case you should go to the courthouse and request a blank motion form, and then explain to the judge why you missed court.

Bench warrants can also be issued for violation of probation. In this case the probation officer will submit a violation report and will typically recommend that a warrant be issued, a summons to appear be issued or that the court take no action. It is ultimately the judge’s decision what to do, and if he or she decides to issue a warrant then you would have to file a motion to withdraw it, and to set the case for a violation of probation hearing. Once again, it is advisable to have an attorney file this motion but there is no rule preventing you from filing it pro se.

A probation sentence can be a blessing in some cases and a curse in others. In many situations accepting a plea to probation will get a defendant out of jail or prevent him or her from ever setting foot in jail, but sometimes it is not all it’s cracked up to be. Whether you receive 6 months or 3 years of supervision, your chances of successfully completing your time can often be largely influence by the agent that is assigned to your case. Forming a good relationship with your agent is key, and doing exactly what they say, while annoying at times, can be your easiest path to successful completion. Sometimes though a defendant will be assigned to an agent that is completely unreasonable and this is typically how violations begin. Remember that if your probation is or is about to be violated it does not mean you will automatically go to jail. If you fail a drug test, miss an appointment or catch a new charge your probation officer can let it slide or choose to inform the judge by writing a violation report. The violation report usually states the things that you did wrong, and is similar to a statement of probable cause in that it establishes a basis to charge you.

Upon receiving the violation report the court will typically do one of three things. The judge could choose to take no action and in this instance you will continue on probation as if nothing happened. The judge could also issue a summons for you to appear in court and answer for the violation. This is usually called a show cause hearing where you will be summoned to court to state whether you admit or deny the allegations in the report. In some instances when a show cause summons is issued the judge may urge the state’s attorney to dismiss the violation after discussing the case with the agent, the defendant and his or her attorney, but this is somewhat rare. If you go to court to try to explain yourself to the judge it is best to do so with an attorney or at least after contacting one for some advice.

If the judge is not kind enough to issue a summons for you to appear then a VOP warrant will be issued for your arrest. The judge can preset a bail depending on the severity of the violation, and in this case you could be released shortly after seeing the commissioner or in some courts, such as Baltimore City, the bail can be paid directly to the bail department. If there is no preset bail you will likely be held until you see the judge at a bail review hearing. At a bail review the judge could release you pending the VOP hearing or hold you without bail. If you are held without bail it is advisable to contact an attorney to try to set a court date as quickly as possible. There is nothing worse than sitting in jail for days and even weeks waiting for your chance to go to court.

What began as a small-scale prostitution investigation confined to Prince George’s County soon escalated into one of the largest statewide human trafficking busts in years. The PG County Police assigned undercover officers to track and arrest those suspected of harboring young women and then later forcing them in engage in prostitution in the area. What these officers found turned out to be much more than a local conspiracy, and the job soon became too large for just one police department to handle. The Maryland State Police and the Attorney General’s Office eventually became involved after it was discovered that the criminal enterprise was expanding outside of Prince George’s County to Baltimore and even Virginia.

The investigation recently concluded with two men and one woman being indicted on multiple criminal counts including human trafficking and receiving earnings from prostitution. Human trafficking and prostitution are both misdemeanors, with the former carrying a 10-year maximum jail sentence, but the defendants have much more to worry about as all three have also been indicted on counts involving human trafficking of a minor. This charge is classified as a felony under Maryland law, and carries a maximum sentence of 25 years in prison. The female 35-year old defendant is currently in custody and being held on a $300,000 bond, while the 42-year old male defendant is in jail on a $500,000 bond. The 26-year old male defendant is still at large after a warrant was issued for his arrest. All three will face trial in the Circuit Court of Prince George’s County and could be prosecuted by the AG’s Office or the State’s Attorney.

The allegations stem from the posting of online ads on websites such as backpages.com, which attempted to lure women who were down on their luck and desperate for money. The ads allegedly promised the repayment of all debts, and even a shot at modeling. Once the female targets would respond to the adds, the three defendants would allegedly take them in and offer them money and protection.  But the seemingly generous treatment by the defendants would come at a high price, as the three allegedly used threats to keep the women financial hostage by keeping their money and credit cards. The women were allegedly coerced or intimidated to engage in prostitution in order to keep a large flow of money to the defendants. In once instance, prosecutors accused the defendants of paying for a women to take a bus trip up to Maryland from North Carolina, and then refusing to let her leave because she was in their debt.