Criminal Defense Lawyer Blog

Published on: October 1, 2017

New Laws Effective In Maryland

Each spring the passage of new laws creates numerous headlines coming out of the State House in Annapolis, and no subject creates more buzz than criminal legislation. Marijuana has dominated the last few years of criminal legislation headlines, but this year decriminalization and medical cannabis takes a back seat to a massive new set of laws falling under the Justice Reinvestment Act. Of all the new laws contained in the Act, none will be as impactful as the provision eliminating mandatory minimum jail sentences for a host of drug crimes. For decades a repeat offender for a low level drug dealing crime under 5-602 to 5-606 of the criminal code faced the possibility of a mandatory 10, 25 or 40 year sentence without parole. These mandatory sentences were often used as leverage by prosecutors to pressure defendants into pleading guilty, as the trial judge would have no choice but to slam a convicted defendant who turned down a plea deal. As of today though, a repeat offender for common street level drug dealer crimes such possession with intent to distribute narcotics will no longer face the possibility of a mandatory prison sentence upon conviction.

The new law repealing mandatory minimum sentencing only applies for street level drug dealing crimes and will have no effect on the so-called drug kingpin statute described in 5-612. These crimes, which include possessing, distributing or manufacturing 50 pounds or more of marijuana, 28 grams or more of opiates like heroin and 448 grams or more of cocaine will retain a 5-year mandatory sentence and a massive $100,000 potential fine. Mandatory minimum sentences for possessing a firearm in a drug trafficking crime are also unaffected by the new law.

In crafting the Justice Reinvestment Act lawmakers not only eliminated the mandatory minimum for low-level drug dealing, but also created an avenue for those already serving mandatory sentences for these crimes to file a special motion to modify their sentence. Starting today the courts are accepting motions to modify these sentences and will likely be inclined to grant them unless the state proves keeping the mandatory sentence intact is necessary for the protection of the public. Defendants currently serving prison time will have until September of 2018 to file for this special modification. Those serving mandatory sentences for drug kingpin crimes and firearm crimes are not eligible to file for this modification.

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Published on: September 27, 2017

What Is A Federal Ticket?

By Benjamin Herbst

In years past police officers had almost no other option but to arrest an individual observed committing a crime. This was true with respect to Maryland state cases and federal cases, but over the years the system has evolved to where a police officer can now charge a person with a crime without having to waste hours transporting and booking that person. When you think of federal crimes the first things that come to mind are complex criminal conspiracies like fraud and bribery (such as the recent college basketball recruiting scandal) or big time drug trafficking cases, but not all federal criminal cases are worthy of news headlines. The big cases technically could be handled by local and state law enforcement agencies because they usually occur on state property where state agencies have jurisdiction, but the Feds have their pick due to their vast resources. Federal ticket cases though are petty offenses that actually occur on federal property, where the only cops that have jurisdiction are the ones employed by the U.S. government. In essence, it is not the actual offense that makes the cases federal, but where the offense occurred.

Common state offenses where an officer may issue a citation and release the individual include shoplifting, possession of marijuana and trespassing. After the officer issues a citation the individual will be sent on their way, and told to check their mail for a court notice from the district court. For the most part federal tickets proceed in the same manner, but there are literally hundreds of different petty offenses that may result in a federal police officer issuing a ticket. Another difference is that all federal tickets are processed by one agency called the Central Violations Bureau or CVB. The CVB is the agency that notifies the federal district courts in Baltimore, Greenbelt or Salisbury to set must appear tickets for initial appearance and then trial, and is also the agency that processes the payment of fines.

The state of Maryland contains dozens of areas that are owned by the U.S. government and therefore policed by federal law enforcement agencies. These include Fort Meade, Joint Base Andrews, Aberdeen Proving Ground, NSA, Veteran Affairs medical centers and the NIH (National Institutes of Health). There are also numerous federal highways within the state such as the Baltimore Washington Parkway (295) and the Clara Barton Parkway and national parks such as Assateague National Seashore. All offenses committed in these areas, no matter how minor, must be handled in federal court and mandatory appearance tickets will be heard in front of a United States Magistrate Judge. If you are given probation you will be supervised by the U.S. Probation and Pretrial Services System and if you get a fine you must pay the CVB directly. There is a chance that your case may be resolved without paying a fine or receiving probation or jail time, but this must be pursuant to an agreement with a prosecutor from the U.S. Attorney’s Office.

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Published on: September 19, 2017

Ocean City Police Announce Prostitution Sting

By Benjamin Herbst

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.

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Published on: September 12, 2017

What Can I Do If I Have An Arrest Warrant?

By Benjamin Herbst

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.

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Published on: September 5, 2017

When Will A DUI Suspend My License?

By Benjamin Herbst

The two main concerns for anyone that is arrested for DUI are typically going to jail and losing the ability to drive legally. We touched on the likelihood for jail sentences in a previous post, so in this post we will stick to a discussion about the potential for dealing with a suspended license. It is important to understand that there are two different events that can result in a suspended license, and one generally has nothing to do with the other. The first event is the initial traffic stop where the officer will ask you to take a breathalyzer test to determine blood alcohol content or BAC. If you refuse to submit to the test then your license will automatically be suspended for 270 days for a first refusal and 2 years for a second or subsequent refusal. The suspension is administrative, and is initiated after the arresting officer submits an order of suspension to the driver, and forwards copies to the MVA. The suspensions were increased to these numbers in October of 2016 after the passage of the Drunk Driving Reduction Act.

The suspension for a refusal will actually go into effect after 45 days from the order of suspension, and you will be able to legally drive during this time. The paper order of suspension will serve as the temporary driver’s license. During these first 45 days defendants have three choices to make. First, they can elect to install the engine interlock device (also known as blow and go) in their car and then obtain a restricted license from the MVA. The restricted license will state that the driver is only allowed to drive a vehicle with the device, and for a refusal must be maintained for a minimum of one year. You can only obtain this type of restricted license after you present the MVA with a certificate of installation from the company that installed the interlock device in your car.

If you refuse the breathalyzer you also have the option of requesting a hearing in front of an administrative law judge. The hearing will take place at an MVA branch office or the OAH in Hunt Valley, Baltimore County. When dealing with a refusal case, a hearing officer may only uphold the suspension or reverse the suspension. They will not issue a restricted, work only license. The only realistic ways to win an administrative hearing are to prove that you didn’t refuse, or that the cop had no legal basis to request the test in the first place, and most hearings end up with the driver walking out disappointed, so think twice before requesting one. The third option for a driver that refuses the test is to accept the 9-month suspension. If the police did not confiscate your license you must turn it into the MVA or sign a form stating you lost it in order to get credit for serving the suspension.

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Published on: August 29, 2017

How Do I Get A Maryland Gun Permit?

By Benjamin Herbst

There are two main types of gun permits that everyday citizens may decide to pursue, and before discussing the question of how a person goes about obtaining a Maryland gun permit it is important to distinguish between these two types. In 2013 state lawmakers passed the firearms safety act, which drastically changed the process for everyday citizens to purchase handguns. In addition to outlawing the sale of any gun with a magazine capacity over ten rounds (including the popular 15 round capacity Beretta M9) lawmakers also decided to require all citizens to obtain a Handgun Qualification License before purchasing any type of handgun. The stated goal of the HQL license was to assure that only the most qualified and educated individuals could purchase handguns, but in reality the state really just maintains extreme control on the legal gun market going forward. The HQL license is not particularly difficult to obtain, as it requires the individual to take a four-hour class (unless exempt for being law enforcement, military etc.) and also pass a background check that requires giving a fingerprint sample. After obtaining a HQL a person will be issued a card that allows them to purchase. This qualification license DOES NOT allow a person to lawfully carry a concealed handgun nor does it provide a legal means for open carry. The process for obtaining a carry permit is much more involved, and difficult for an everyday citizen.

The rules governing carry permits in Maryland were not particularly affected by the firearms safety act of 2013. Rather, these rules are governed by title 5 of the public safety code. Concealed carry permit applications that are denied can be appealed to the Office of Administrative Hearings or (OAH), where an Administrative Law Judge will decide whether a permit shall issue. Without a permit you cannot wear, transport or carry a handgun unless you are going from home to the range/ gun shop or vice versa, and unless the weapon is packaged correctly in a case, unloaded and not readily accessible. The fees to apply for the permit are relatively cheap but the instruction and course could cost a few hundred dollars. Any applicant that hopes to obtain a permit must be an adult who has not been convicted of crimes including drug offenses and other offense where the sentence was more than 1 year, and all applicants must complete 16 hours of training by a qualified instructor, and then 8 hours of additional training for renewals.

Once an applicant meets the basic requirements the board will then conduct an investigation to determine whether the applicant has ever exhibited a propensity for violence or instability. If you have ever been charged with assault or if a peace order or protective order has ever been taken out against you then you can bet this will come back to bite you during the investigation stage. If the board determines you are suitable after the character investigation they will next move to the most difficult stage where the majority of applications fail. Under the law an applicant must prove a good and substantial reason to wear, transport or carry a handgun that rises to the level of finding that the “permit is necessary as a reasonable precaution against apprehended danger”. In a nutshell this means that the applicant must prove that he or she needs the permit to protect against danger that they are likely to encounter. The burden is on the applicant to prove this is the case, but the problem is that many citizens cannot site specific facts that make them likely to encounter danger. It is not enough in Maryland to just be a law-abiding citizen with the desire for extra protection, as the board will need more persuasion under the law. That being said, most applicants who meet the requirements and provide a good and substantial reason will be granted a permit. This law could soon change, as the Supreme Court is set to rule on a similar New York law where the applicant has the burden. We will post a follow-up article after the opinion is released in the coming months.

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Published on: August 23, 2017

Can I Be Sentenced To Jail For DUI?

By Benjamin Herbst

Drunk driving is one of the most common jailable offenses in Maryland, and one that affects those of all ages and backgrounds. Close to 20,000 people are arrested here each year for DUI or DWI, and most of these defendants are first time offenders with no criminal or serious traffic convictions. An arrest for drunk driving can be an extremely unpleasant experience for anyone, especially those who have never been detained by the police. Reality usually sets in after the adrenaline from the police encounter wears off, and the initial emotions can range from anger to regret. For many this is often followed by fear for the consequences that may follow.

While the majority of drivers arrested for suspicion of DUI will have their license confiscated and then suspended after 45 days, Maryland allows drivers to install the interlock device to avoid suspension. The interlock device may be annoying, but it allows defendants to drive without any restrictions, which is much better than choosing between driving on a suspended license and having to deal with the state’s subpar public transportation to get to school or work. After realizing that you can keep driving after the arrest, the focus then shifts to two main concerns. In no specific order the two most common questions from a DUI defendant are: will I go to jail and will I end up with a permanent conviction on my record?

The question about potential jail time depends on a variety of factors, but the two most important are whether there was an injury accident and whether it is a first offense. In almost every Maryland jurisdiction a first time drunk driving offender who pleads guilty or even is found guilty at trial will not be sentenced to jail time if there are no aggravating factors. The most obvious aggravating factor is an injury accident, but there are many others including an extraordinarily high blood alcohol content (typically anything that approaches .20 would fall in this category), lack of cooperation with the arresting officer or driving in a reckless manner. Other aggravating factors that may influence a judge with respect to a jail sentence would be committing the offense with a minor child in the car or near a school or day care center.

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Published on: August 14, 2017

Internet Dating Scammer Sentenced To Federal Prison

By Benjamin Herbst

A Baltimore County man was recently sentenced to 4 years in federal prison followed by 3 years of probation for his role in an Internet dating scam that cost numerous victims millions. The defendant, who hails from Owings Mills, pled guilty back in February to conspiracy to commit money laundering after he was indicted back in the spring of 2015 on numerous charges including wire fraud. According to the terms of the plea and the indictment the co-conspirators scoured numerous online dating websites in search of vulnerable victims, many of whom were elderly singles. The co-conspirators would then form romantic relationships with these unsuspecting victims over email, online chatting, and eventually phone calls. When the relationship had built up the co-conspirators would use fake stories to induce the victims to send money. These stories were elaborate and included tales of medical hardships that were bolstered by fake medical bills, tales of businesses on the verge of going bankrupt and non-existent foreign tax liens that needed to be settled.

The co-conspirators would receive money in numerous ways including wire transfers or bank deposits ranging from $1,700 to $30,000. Money was sent to drop accounts, which are designed to make it difficult to trace to the account holder (but clearly not too difficult for the FBI in this case). The money would not sit long in the drop accounts, as it was withdrawn and dispersed to the co-conspirators in a variety of ways in order to attempt to conceal the source of the funds. This is where the money laundering charges came from, as the co-conspirators would transfer money from the drop accounts to their own personal accounts online or they would write each other multiple checks for small amounts. Court documents also state that the defendants would purchase cashiers checks in order to conceal the source of all the income. All told the ten co-conspirators, most of whom are from the Laurel area of Prince George’s County, initially got away with scamming both male and female victims out of millions. Ultimately it was the attempt to funnel this money into usable accounts that brought this particular 26-year old defendant down.

The facts of this case do not clearly support a strong case for proving the existence of a theft scheme or a fraud scheme, as the victims appeared to hand over the money willingly, and often out of sympathy with no expectation of getting something in return. Regardless, the government always had the trump card of a money laundering charge in its back pocket. Even if federal prosecutors couldn’t prove fraud there was no bulletproof defense to the act of attempting to conceal the illegitimate funds flowing in from the dating scam. As they do in many conspiracy cases prosecutors likely followed the money straight to a conviction, and now it is the defendant that are going to have to pay up. This young defendant from Baltimore County has a hefty restitution payment of $375,000 bearing down on him once he is released from prison. Paying this restitution is likely a condition of probation, and if it is not paid the defendant could be back in court on a violation of probation. Failure to pay restitution might be a technical violation, but it is not a violation that judges take lightly. The Blog will continue to follow this case and other federal conspiracy cases, and may post a follow up article in the future so stay tuned.

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Published on: August 7, 2017

What Happens When I Violate Probation?

By Benjamin Herbst

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.

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Published on: August 1, 2017

Bowie Man Sentenced In Federal Robbery Case

By Benjamin Herbst

A federal judge recently sentenced a 24-year old Prince George’s County man to 16 years in prison after he pled guilty to a botched robbery that occurred back in September. The young man from Bowie was convicted of commercial robbery and brandishing and discharging a firearm during a crime of violence, which carries a mandatory minimum jail term. This means the defendant will not be eligible for parole for at least 5 years, and he will be on supervised probation when he does get released. The robbery took place at the University of Maryland University College Inn and Conference center located in Adelphi, just outside of College Park.

The plea agreement described a frantic few minutes that began with the armed defendant approaching a security guard at the inn and stating he was on the premises to make a delivery. As the two men walked toward the loading dock the defendant grabbed the security guard and a struggle ensued. During the struggle the defendant’s gun was discharged but did not strike anyone. Around the same time the masked and also armed co-conspirator entered building’s security office with his gun drawn and ordered all occupants to the ground while demanding money. Around the same time the security guard at the loading dock managed to break free from the defendant and made it back to the security office to seek help, only to come face to face with the gun brandishing co-conspirator. The co-conspirator shot in the direction of the guard and the bullet struck him in the arm and came to rest near his spine. Seconds later the defendant appeared at the security office and joined up with his co-conspirator to steal three safes. Both fled the scene, but one did not get very far.

Prince George’s County Police responded to the scene immediately and dispatched a K9 unit and a helicopter to locate the suspects. Eventually the police K9 located the defendant hiding in an area of overgrown trees and shrubs right near the loading dock where the doomed heist began. A search of the area turned up all three safes and a .40 caliber semi automatic pistol loaded with 7 rounds of ammunition. Forensic evidence revealed that the fingerprints taken from the gun’s magazine matched the defendant’s, and ballistics matched the .40 caliber shell casing with the gun that was found. Police later recovered clear surveillance footage of the unmasked defendant carrying out the robbery, and also recovered recorded PG county jail phone calls where the defendant admitted to firing his gun, but stated he did not hit anyone. Needless to say federal prosecutors had more than enough evidence at their disposal if the defendant had elected to reject the guilty plea and take his case to trial in the Greenbelt federal courthouse.

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