Criminal Defense Lawyer Blog
A variety of new Maryland laws are set to go into effect on Monday, October 1st. Many of these new Maryland laws are part to the criminal justice system, most notably the Maryland marijuana possession law. After years of lobbying by marijuana legalization groups, the Maryland state legislature finally voted to change the state’s harsh marijuana possession laws. Starting on Monday, the maximum penalty for simple possession of marijuana will be lowered from 1 year in jail to 90 days in jail, and the maximum fine will be lowered from $1,000 to $500. Simple possession of marijuana is possession of less than 10 grams of the controlled substance. Pressure from pro marijuana lobbyist groups was not the only reason that the legislature and governor agreed with the new marijuana penalties. The legislature was also swayed by proponents of a more streamlined judicial system.
Possession of marijuana cases have been clogging the district court dockets in Maryland for years, especially in densely populated jurisdictions such as Baltimore City, Baltimore County, and Prince George’s County. But in the past, many of these simple marijuana possession cases would also end up clogging the circuit court dockets as well. By lowering the maximum penalty for possession of marijuana to 90 days, a defendant is no longer allowed to demand a trial by jury in the circuit court, and starting October 1st possession of marijuana cases will for the most part begin and end in district court. Under the Maryland rules of criminal procedure a defendant may only demand a jury trial if he or she is facing more than 90 days incarceration. The new marijuana possession laws may seem like a victory for marijuana legalization supporters, but losing the right to a jury trial could prove to be a significant detriment to a possession of marijuana defendant who decides to fight his or her charges. Demanding a jury trial in a possession of marijuana case was not only a means to guarantee due process, but also a significant bargaining chip that a defense lawyer could use to earn a better negotiated offer from the state prosecuting lawyer.
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Snickerdoodle cookies might not have the value of the crown jewels in London, or the gold in Fort Knox, but it is certainly easier to attempt a cookie theft. Or at least that is what two Maryland teenagers had thought before attempting the not so glamorous heist. Baltimore County police recently arrested two sweet toothed teenagers for theft after security guards at the Towson town center observed the teens jumping over the counter at a cookie store. Three Maryland teenagers were apparently involved in the theft, but police were only able to arrest two 16 year old suspects. Police did not reveal exactly how many cookies were stolen by the two teenagers, but the amount appears to be significantly less that the amount of cookies that were stolen at the same store just 48 hours earlier.
There are not many civil law topics worthy of a post on a criminal law blog, but the revival of the contributory negligence debate is one topic that deserves an exception. The Maryland civil justice system is one of four states plus Washington D.C. that uses the contributory negligence standard in all civil lawsuits. The contributory negligence standard bars recovery for a party that contributed in any manner to the accident or injury. If a plaintiff brings a civil lawsuit he or she may not recover a dime if the defense lawyers show that the plaintiff was negligent. For example, in a pedestrian accident case if the defense lawyer that represents the driver of the vehicle that hit the pedestrian shows that the pedestrian negligently ran across the street, then the pedestrian may not legally recover any damages. Even if the plaintiff’s lawyer has shown the driver who caused the accident was speeding and driving recklessly.
Each year during the summer, the Maryland State Police releases its uniform crime report for the state of Maryland. The crime report uses data collected from every police jurisdiction in all 24 Maryland counties, but only factors in reported crimes in the report. The Maryland State Police defines reported crimes as actual incidents reported to police by victims, witnesses, and other sources used by law enforcement. Complaints of crime that law enforcement deem unfounded are not included in the reported crimes data. The annual uniform crime report is by no means a complete study of all crime in Maryland. In fact, the report only includes eight umbrella crimes in two separate categories, which are violent crimes and property crimes. A specific crime that does not fit into one of the umbrella crimes is not included in the report. Thus many of the most common crimes in Maryland such as DUI, drug possession, and drug sale are not included. In sum, the annual report is not a study of how many people are breaking the law in Maryland each year. Rather, the report analyzes the crimes that that have the greatest impact on citizens, and gauges how safe we really are throughout Maryland.
The previous blog post discussed the effectiveness of Maryland DUI checkpoints, and specifically focused on Howard County, Maryland. Howard County has long since been the most aggressive Maryland County when it comes to instituting and publicizing DUI checkpoints. This post will go into greater detail about yet another Maryland county choosing to make a news splash by instituting a DUI checkpoint during a holiday weekend. The cost and inconvenience of the latest Howard County DUI checkpoint arguably outweighed the actual benefit, but you would never hear anyone from Howard County police admit to that. On the other hand, police from this weekend’s Maryland DUI checkpoint in Worcester County may have spilled the beans on what they really think about the value of DUI checkpoints.
Howard County police recently set up a DUI checkpoint on Maryland Route 1. The checkpoint, which was located in North Laurel, began in the late evening on Friday night and extended into the early morning hours of Saturday. Police chose the location after examining DUI arrest data and traffic accident data where alcohol was involved. Howard County police did not release the exact hours of the DUI checkpoint, or how many officers were involved in the operation, but typical DUI checkpoints last roughly 6 hours and involve at least 10 police officers. Howard County did release the statistics of how many cars were stopped and how many arrests were made. In total, the DUI checkpoint resulted in 690 vehicles being stopped, and a total of 5 people being arrested. Of the 5 arrests, two were for driving on a suspended license, and 3 arrests were for DUI. One of the suspects arrested for DUI was 18 years old, and was also charged with a separate alcohol charge of underage drinking. 
The ongoing battle marijuana to legalize marijuana in America and in Maryland took another hit recently as Federal prosecutors have increased efforts to crackdown on medical marijuana dispensaries. This latest crackdown effort came at the hands of Federal lawyers and court papers rather than with the search warrants and guns of the DEA and FBI. No arrests were made in any of the latest anti marijuana push, but a strong message has been sent across the country that the Feds are not ready to reverse their position on marijuana legalization. 
Talk about a rough night. A southern Maryland man was recently arrested for DUI and multiple other traffic offenses. Police came in contact with the man after he was pulled over for unsafe lane changing. Upon contacting the man, the Maryland State Trooper noticed the odor of an alcoholic beverage coming from the driver’s breath. After conducting a DUI investigation, the trooper arrested the man and charged him with DUI, negligent driving, and unsafe lane change. The driver was also given a breathalyzer test at the police station, where his blood alcohol content registered .15, nearly twice the legal limit. A DUI arrest and multiple traffic tickets would certainly have ruined anyone’s evening, but the southern Maryland man’s night was far from over at this point.
Annapolis police have arrested a 19 year old Maryland man in one of the largest drug busts in Anne Arundel County this year. Police received tips from community sources, as well as their own investigations in order to secure a search warrant that ultimately led to the seizure of nearly $30,000 worth of heroin, stacks of cash, and marijuana. Police also seized two handguns from the Maryland man’s house. Closer examination of the guns back at the Annapolis police department revealed that the firearms, a 9mm Beretta and a Smith and Wesson, were in fact stolen. Police did not reveal how much marijuana was seized from the Maryland residence, but closer inspection of the heroin revealed 140 grams of high grade heroin packaged for sale. Annapolis police are still investigating possible sources of the heroin. At the current time, police have not arrested a supplier, but more arrests stemming from this bust could be imminent. The Maryland man was arrested on 5 separate CDS drug counts including narcotics possession, possession of drugs with intent to distribute, and possession of drug paraphernalia. Bail was set at $40,000, which was posted soon after the arrest.
A Maryland man was arrested for multiple drug charges after police used a search warrant to raid his Ann Arundel County home. Ann Arundel police executed the search warrant and discovered approximately 46 marijuana plants, which ranged from 5 to 6 feet tall. Police did not release the exact details of what led them to the 53 year old man’s home, but police did say that residents of the neighborhood had voiced to concerns to cops about possible drug activity going on in the house. According to police, the Maryland man was arrested for 9 drug charges including manufacturing marijuana, possession of marijuana with intent to distribute, and possession of marijuana. Manufacturing marijuana and possession of marijuana with intent to distribute are both felonies, while possession of marijuana is a misdemeanor. Police did not indicate whether they had any concrete evidence that the Maryland homeowner was actually dealing drugs, or if the marijuana grow operation was simply for personal use. According to police, the marijuana would eventually have a street value of over 50 thousand dollars once the marijuana was harvested.