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Last week we posted on the Special Enforcement Zone that was established in anticipation of the H2Oi pop-up car rally, and after a wild weekend that made national news headlines the Ocean City Police have reported over 100 arrests.  According to a press release on Sunday, the last day of the rally, there were only minor issues reporting during the days but nighttime was an entirely different story.  Late Saturday night the Ocean City Police requested backup from numerous law enforcement agencies throughout Maryland’s Easter Shore after numerous individuals allegedly became unruly and destructive.  The Maryland State Police as well as the MTA Police, Natural Resources Police and even the state’s Incident Management Team responded to Ocean City to assist.  In addition to over 100 arrests, police also towed more than 350 vehicles and wrote over 1,000 traffic and criminal citations.  The Governor lauded the swift actions of law enforcement while condemning the alleged wanton disrespect for law enforcement displayed by many of the visitors.

In addition to the hundred plus arrests, there were also several injuries to civilians and police officers.  On Saturday night a Maryland State Police trooper was knocked unconscious while attempting to arrest a fleeing suspect.  According to a MSP press release the trooper fell to the ground upon “reaching the suspect”, which likely meant the trooper tackled the suspect after running at a high rate of speed.  The trooper sustained a laceration to his head and was treated at PRMC in Salisbury before being released the next morning.  The suspect was eventually taken into custody and charged with disorderly conduct, resisting arrest, escape second degree and reckless endangerment.  Despite all charges being misdemeanors and no weapon being involved, the defendant was initially held without bail.  According to Vinelink he has been released on pre-trial supervision, and now must return to Maryland from Virginia for his trial date in January at the Snow Hill district court.

Most defendants who are arrested in Ocean City for misdemeanors or traffic offenses will be scheduled for trial at the Ocean City district court on 65^th Street and Coastal Highway, but the influx of arrests means that the Snow Hill district court will have to shoulder some of the case load for a few months.  Defendants who are facing offenses that carry more than 90 days in jail have the option to request a jury trial at the circuit court, but this is not always a wise decision in Worcester County.  The defendant in this particular case faces a 60-day maximum sentence for the disorderly conduct charge, but 3 years in prison for the escape and resisting arrest charges.  Second degree escape is a common charge in Maryland due to its broad definition; a defendant who is on home detention can be charged with second-degree escape for violating the terms of the monitoring agreement, as can a person who fails to show up to a jail facility to serve a sentence.  In this particular case the defendant was charged with escape for departing from custody without the authorization of the arresting officer, which is similar to resisting or interfering with arrest.  The state will likely have to drop at least one of these charges at or before trial.  Reckless endangerment, which is defined under Maryland law as engaging in conduct that creates a substantial risk of death or serious physical injury to another or discharging a firearm from a vehicle, is punishable by up to 5 years in prison.  At this point there does not seem to be adequate evidence for the state to prove reckless endangerment, and it is unnerving that he was charged in the first place for this serious misdemeanor.  Running from the police after being placed under arrest may be illegal but it is a major stretch to say that running creates a substantial risk of serious bodily injury for the officer who is giving chase.  If the chase took place in a vehicle it would be a different story, but fleeing on foot should never be charged as reckless endangerment.

When a defendant agrees to go on probation his or her actions will be under a microscope until the supervision terms ends.   Unfortunetly, the success or failure of a probation sentence is not always up to the defendant.  Probation officers have a great deal of power and control over their defendants, and some have a tendency to abuse this power.  There are certainly fair and reasonable officers throughout Maryland, but some make it so difficult for a defendant that a violation is bound to occur.  Regardless of what type of officer is assigned to the case though, there will likely be violation paperwork filed if a defendant is charged with a crime or a serious traffic offense while on probation.  All defendants who are on probation are required to immediately inform their officer upon being charged with a crime or traffic offense that carries a possible jail sentence.  Civil citations such as possession of marijuana under ten grams or open container of alcohol do not count as crimes, and will not be the basis for a violation of probation.  One of the exceptions is an open container charge in Ocean City, as city law provides a potential 90-day jail upon conviction.  A defendant who does not report a new charge could face an additional violation for failing to inform the officer, but this will likely be overshadowed by the offense itself.

Once a probation officer receives notice that a defendant has picked up a new offense, he or she will send the judge an informative that describes the new offense.  Some probation officers will include a recommendation whether to issue a summons for the defendant to appear in court or a warrant to be issued, but the decision is completely within the discretion of the judge.  The less severe the new charge is, the higher the odds are that the judge will issue a summons or show cause order for the defendant to appear in court.  Any defendant that is arrested on a violation of probation warrant will still have the opportunity to file a motion for bail review.  If a warrant has been issued for a violation but the defendant has not yet been served or arrested, it is advisable to contact a lawyer.  A violation of probation lawyer can file a motion to convert the warrant into a summons, and these motions are especially important during the COVID-19 pandemic.  Maryland judges have been more likely to consider converting warrants into summonses in order to limit the amount of COVID-19 exposure to defendants and to the jail population.  There is never a guarantee that a particular judge will grant a motion, but filing promptly is key.  We do not recommend waiting to file this type of motion, as this would likely result in missed probation appointments and the potential for a new violation to be filed for absconding.  Absconding (missing more than 1 appointment) is a non-technical violation and is not subject to the JRA limitations on potential jail sentences.

A violation of probation hearing will likely be scheduled prior to the new case being resolved.  When this happens the state and defense typically ask for a postponement in order for the new case to be worked out.  This becomes a problem when the defendant is being held in jail on the VOP, which is why requesting a bail review right away is important.  Anyone who is charged with a new offense while on probation should think twice about pleading guilty to the new charge, as this would almost certainly result in being held in violation.  Any guilty, Alford or no contest plea, even if the defendant receives a probation before judgment or PBJ, would be sufficient to prove a violation.  Too many defendants make the mistake of accepting a time served or PBJ offer, and then face harsh punishment when they go back to their violation judge.

Ocean City has seen a dramatic increase in violent crime since welcoming tourists over the past few weeks, and government officials are extremely concerned.  The most serious incidents seem to be clustered around the Boardwalk in the southern part of the 8-mile stretch of beach, but arrests are up throughout the city.  Two weekends ago, the Ocean City Police Department reported 129 arrests compared to 95 during the same time last year.  This increase is even more alarming considering there are fewer visitors this summer due to the Covid-19 pandemic.  In response to the rise in violence, the police department has committed to increasing law enforcement presence by as much as 25 percent around town and on the Boardwalk.  The department will have to hire new officers to keep up with the demand, which will come at a considerable expense to Maryland’s only beachfront town.  The process of hiring new officers will also have to be accelerated due to the immediate demand, but the mayor’s office is confident the city council will be supportive.

Crime spikes hardly come as a surprise in Ocean City during the summer months, as upwards of a quarter million tourists flock from D.C., Maryland, and neighboring states such as Pennsylvania and West Virginia to vacation.  But the crime spikes are typically related to traffic and non-violent offenses.  Underage drinking and open container citations are especially common in Ocean City, and those who receive these citations are often surprised to learn they can have criminal consequences.  Carrying an open container is a crime under the Ocean City municipal code, which makes it punishable by up to 90 days in jail.  DUI is also common, as well as other alcohol induced offenses such as disorderly conduct and trespassing.  Alcohol and peer pressure also motivates the younger crown to indulge in shoplifting and other theft crimes, and arrests for possession with intent to distribute marijuana and narcotics majorly spike to meet the demand of those heading to OCMD to party.  These offenses come with the territory of a popular summer vacation spot with a booming nightlife, and they are crimes the police and Worcester County judicial system can easily keep under control.  The problem lately is that a large number of recent arrests have been for extremely violent offenses such as first-degree assault involving knives and firearms, and the last thing city and county officials want is for their cash cow tourist industry to suffer as a result of the town being labeled as unsafe.

Five suspects were recently arrested for a felony assault and weapons charges stemming from a fight that broke out on the Boardwalk, and all are being held without bail at the Worcester County Detention Center.  They are all scheduled for preliminary hearings at the district courthouse in Ocean City, but their cases will eventually be forwarded to the circuit court in Snow Hill.  Portions of the brawl were caught on video, and the incident received media attention around the state.  Apparently, late night crime has become so common on the Boardwalk that some business owners have become increasingly concerned about staying open late.  Fed up bar and restaurant owners have already started closing earlier than in years past in response to the violence.

A 23-year old woman was arrested last week after she allegedly stole an ambulance from the West Annapolis Fire Station and then crashed it into a van.  The sole occupant of the van was flown to shock trauma with serious injuries, while the ambulance thief fled the scene of the accident on foot.  As a result of her fleeing the scene the young woman was not arrested until the next day, and is now out of custody after being released on her own recognizance.  She is facing charges for theft over $100,000, rogue and vagabond and motor vehicle theft.  Unlawful taking of a motor vehicle and theft over $100,000 are both district court felonies, and trial has been scheduled in October.  The woman has also been charged with reckless driving, negligent driving and driving without a license.  She may face additional charges for leaving the scene of an accident involving injury.  Reports did not offer an explanation of what prompted the woman to steal the ambulance as fire fighters were training when the vehicle was initially taken.  There is also no indication of what exactly caused the accident, though the woman did receive a citation for running a red light.  All told, this is a pretty bizarre scenario and whichever Anne Arundel County judge hears the case will likely not be too pleased with the defendant.

While the defendant does not appear to have a prior criminal record other than a drug possession case on STET, she may face an uphill battle in the fight to stay out of jail and keep her record free of a criminal conviction.  This is especially true if she ends up being charged with leaving the scene of an injury accident.  Despite being classified as a traffic offense and only carrying a 1-year maximum jail sentence, leaving the scene of an accident with bodily injury is an offense that prosecutors and judges take extremely seriously.  The defendant’s record of committing traffic offenses is lengthy, and she does not appear to have had a valid license recently.  There are numerous prior traffic cases in multiple different jurisdictions including Baltimore City, Prince George’s County and Anne Arundel County.  Ultimately her prior record of traffic convictions may come back to hurt her when her trial date comes around in the Fall.

The Blog will continue to follow this strange case, and may post a follow up article in the near future.  It is hard to think of a reasonable explanation why a person would steal an ambulance.  There may be valuable equipment in emergency vehicles, but we’re not talking about items you can simply sell at a pawn shop or trade at a local flea market.  Also, it is nearly impossible to elude law enforcement in a stolen ambulance, as they are easily recognizable and always GPS equipped.  There may in fact be more to this story but a logical explanation is unlikely.  As regular readers of our Blog are well aware, there are not always logical explanations to the behaviors of those leading up to an arrest.

A coalition of people including lawmakers and religious leaders recently filed a lawsuit in federal court challenging the Maryland governor’s stay at home order that has been in effect for several weeks.  The order required the shuttering of all non-essential businesses and banned gatherings of more than 10 people under all circumstances.  Even as talk of reopening the state has picked up steam, there is no firm end in sight and business owners are beyond restless.  The lawsuit, which was filed in the Baltimore City federal courthouse, challenges the constitutionality of the governor’s order.  This is not the first lawsuit of its kind, as federal judges in numerous other jurisdictions have heard similar motions.  There is no timetable as to when a ruling will come down in this particular motion, but the Attorney General’s Office is not backing down.  Reports indicate the AG submitted a memo of law citing prior decisions where federal courts have denied similar challenges to state executive orders.  Case law is pretty clear that governors have broad authority to act during public health emergencies, and at this point there is nothing in the Maryland order that seems reversible.

By the time a federal judge issues a ruling in this case the motion may be moot, as reports seem to indicate that the number of patients hospitalized with Covid-19 has plateaued in Maryland.  Still, we could be weeks away from a reopening that would satisfy the group that filed the motion.  The governor and other state officials recently introduced a three-phase plan that would begin with an opening of lower risk business and entities such as small shops, outdoor gym and fitness classes, outdoor recreation facilities, and limited attendance outdoor religious gatherings.  Phase two would include medium risk businesses and entities such as indoor gyms, childcare centers, restaurants and bars (with restrictions), indoor religious gatherings and elective medical procedures.  The final phase includes high risk activities such as entertainment venues, high capacity bars and restaurants and larger gatherings among people.

Anyone who reads through Maryland’s roadmap to recovery PDF will see that there is no mention of the judiciary or any courthouse guidelines.  The judiciary is an independent branch of government, and as such may not legally be able to be controlled by the governor’s office.  Thus far, the judiciary has been acting alongside the governor’s office in closing down to the public, but it will be interesting to see what happens in the coming weeks.  Maryland state courts are currently only operating on an emergency basis, and are closed to the public.  As of now the district and circuit courts around the state are scheduled to open to the public on June 7, but there is still a great deal of uncertainty whether this will actually happen.  If the courts do open on the first Monday in June there are also no firm details on what the courthouse experience will look like.  It certainly will not be business as usual, with packed courtrooms and long lines at security.  Many court clerks are still holding off on resetting cases that have been postponed, as some cases have been rescheduled numerous times due to fluid nature of the reopening date.

This past Friday planes equipped with high tech surveillance cameras began flying over Baltimore City as part of an experimental effort to solve violent crimes.  The planes will be in the air for up to 6 months, and the footage will be monitored on the ground by officers from the Baltimore Police Department.  City taxpayers are not footing the bill for the planes or the cameras, as a Texas based philanthropic organization has already pledged $3.7 million to conduct the pilot program.  The aerial surveillance system uses wide angle lenses that can allegedly monitor 90% of the city, though the planes will only fly during the daytime and the aerial cameras will be not be able to make out faces or read license plates.  The hope is that the aerial footage can be used to supplement Citywatch street cameras and other technology on the ground.  After a crime is reported an analyst will rewind footage to the location, and follow suspects or vehicles until a higher definition camera on the ground can communicate identifying information to police.

Despite the fact that people and cars will only appear as a pixel that reveals no personal identifying information, the ACLU tried to block the pilot program by filing for a restraining order in the United States District Court.  The ACLU argued that the program is unconstitutional, and has the power to track every private citizen in Baltimore as soon as they walk out their front door.  They also argued that continuous aerial surveillance infringes upon reasonable expectations of privacy regarding movements, that could result in warrantless searches, and compared the program to a police officer following every resident wherever they go.  Law enforcement and the company flying the planes have stated they have no intention of following any citizen unless it is in direct response to the occurrence of an egregious violent crime.  Specific crimes cited by BPD include murder, attempted murder, armed robbery, carjacking and shootings.  A federal judge unsurprisingly denied the request for restraining order, citing that federal courts have previously upheld greater government encroachment in the past.

The Blog will certainly continue to follow this story and will post a follow up article in the future as news develops.  The media, politicians and citizens will be waiting to see how effective the pilot program is at solving crime, but from a criminal law standpoint solving crime does not mean simply making an arrest.  In any case where aerial surveillance was used to capture a suspect there is a high likelihood that the defendant’s criminal defense lawyer will move to suppress the evidence.  As long as the police department follows the protocol and limits the surveillance to its intended purpose these motions likely will be unsuccessful.  It does not seem overly intrusive to have low definition cameras overhead, and there is a much lower expectation to privacy when a person is out in public.  On the other hand, the BPD has proven to be incapable at following rules in the past so there may be some angles for lawyers to explore.  If the program does have documented success there is every reason to believe we’ll start seeing planes fly in other smaller geographical areas with high crime rates such as St. Louis, Detroit, Memphis and the South Side of Chicago.

Police in a wealthy suburb outside of Philadelphia recently arrested a 24-year old Maryland woman for allegedly attempting to deliver 100 pounds of marijuana to buyers waiting in a parking garage.  The marijuana was described by police as high grade, and apparently worth as much as $200,000 on the street.  This bust appeared to be the result of a long-term investigation into a high-volume drug trafficking ring between Maryland and Philadelphia.  Law enforcement officers were tipped off about the delivery prior to the woman arriving at the scene of the deal, and began to follow her as she entered the parking garage.  According to reports she was arrested before completing the deal, and a search incident to arrest of her vehicle revealed three duffel bags with numerous vacuum sealed bags of pot.  Police did not immediately release any information about the other two individuals allegedly involved in the failed drug deal, which could mean they were either undercover police officers or working with the government.  At the time of the press release the defendant was still being held in jail on a $150,000 cash bail on felony charges of possession with intent to distribute marijuana.

Normally the Blog does not post about criminal incidents that occur outside of the state of Maryland, but this bust is of not for two reasons.  First, the woman is a resident of Anne Arundel County, which has a long history of high-volume drug busts.  There are numerous highways running through Anne Arundel County and many a drug dealer has been busted after a highway traffic stop.  This defendant was from Edgewater, which is right near Highway 50 and Interstate 97.  The second reason the bust is of note is that the defendant was reportedly trying to use the Covid-19 outbreak as an opportunity to traffic a large amount of marijuana.  The press releases did not say specifically how the defendant was trying to use Covid-19 for cover, but the logic does not add up.  As we posted a few weeks back, overall crime has been down virtually everywhere and police officers have more ability to focus on suspicious activity in their jurisdictions.  While we do not know for sure that the car was registered in Maryland, a car with an out of state license plate that is traveling to meet another car in a parking garage will always raise suspicion.  During this pandemic the suspicion will be exponentially higher, as out-of-state travel has been greatly reduced.

The Blog will continue to follow this case and may post a follow up article if anything newsworthy develops.  This defendant does not appear to have any other pending criminal charges (at least in Maryland), so there is a chance she will be able to work out a favorable outcome in her case.  As always, the priorities for any criminal defense lawyer should be keeping the client out of jail and keeping the client’s record as clean as possible.  While Pennsylvania is typically considered a stricter state for most crimes, had this arrest occurred in Maryland the defendant would have faced drug trafficking charges pursuant to the volume dealer law.  Under the volume dealer statute any defendant who is possesses, manufactures or distributes more than 50 pounds of marijuana faces a 5-year mandatory prison sentence that cannot be suspended by the trial judge.  In addition, there is the possibility of a $100,000 fine and a felony conviction.  For any questions contact Maryland drug crimes lawyer Benjamin Herbst anytime at 410-207-2598.  Benjamin defends clients in all criminal charges and is available 7 days a week to offer a free consultation.   He accepts cases in all Maryland jurisdictions and is an experienced federal criminal defense lawyer who handles felony offenses and federal citations in all federal courts throughout the state.

Over the weekend the governor signed an order that should expedite the release of hundreds of Maryland prisoners.  There are some caveats to the order, and it only applies to prisoners serving sentences in the state-run Division of Corrections.  The governor had received multiple formal requests to consider measures to reduce the prison population in light of the Covid-19 outbreak, and this recent order is a major step in the right direction.  As of last week, there were over 130 inmates who tested positive for the virus, and the close quarters of prison facilities make social distancing guidelines impossible to follow.  While the order may be viewed as too little too late to some, even a slight reduction in the total number of inmates could exponentially reduce the risk for further spread of the virus.  The crux of the order is that it authorizes the Division of Corrections to expedite the release of any inmate who is scheduled for mandatory release within 120 days.  While DOC will not simply open the doors to those inmates with under 4 months to serve on their sentences, they could realistically be placed on supervision or home detention within a week or so.  The order also allows DOC to initiate accelerated parole for certain inmates who are over the age of 60 and have not been convicted of a crime of violence.

The order does not apply to incarcerated individuals who are serving a county sentences of less than 18 months, and those awaiting trial in county and city detention centers.  Inmates at theses facilities are not eligible for release under this particular order, but may take advantage of other orders signed by the Chief Judge of the Court of Appeals.  The Chief Judge of Maryland’s highest court in Annapolis has issued numerous orders over the last 6 weeks.  Two of the latest orders focused on encouraging judges to expedite bail review hearings and strongly consider releasing any inmate who is being held pretrial on a nonviolent charge.  The order also required the administrative judges in the district and circuit courts to schedule hearings on the next business day following the service of a warrant for a technical or minor violation of probation, a failure to appear bench warrant and warrants related to failure to pay costs or fines.  While the bail review judge still has final discretion over releasing a defendant, the hope is that judges will take this emergency situation into account and choose to release a defendant if there is any reasonable means to assure the public safety and the defendant’s return to court.

If you have an outstanding bench warrant or arrest warrant it is advisable to contact a lawyer to find out how these orders can be used to your advantage.  Judges may be more likely than ever to consider motions to recall outstanding bench warrants.  In addition, if there is an arrest warrant that cannot be recalled by a district court judge, a commissioner may be more inclined to grant bail or pretrial release at a first appearance hearing.  The Blog will continue to follow executive orders and orders signed by the Chief Judge, and may post a follow up article in the near future.  Maryland state courts are closed to the public until June 7, but judges are still conducting certain hearings via telephone or Skype.  As usual, the courts will continue to regularly hear bail review hearings and other emergency requests.  Benjamin Herbst is an experienced Maryland bail review lawyer who represents defendants in all criminal cases including domestic assault, firearm possession and drug crimes.  Benjamin represents defendants in all Maryland state and federal jurisdictions including Baltimore City and County, the Eastern Shore, Montgomery County, Prince George’s County, Western Maryland and Southern Maryland.  He has successfully represented over 1,000 defendants in criminal cases, and is available anytime for a free consultation at 410-207-2598.  Benjamin offers flexible payment plans for criminal defense cases and will do whatever it takes to achieve the best possible outcome.  Benjamin also represents clients who are injured in Maryland auto accidents, and fights to recover the maximum settlement in your case.