Criminal Defense Lawyer Blog

Published on: September 19, 2012

Is The Contributory Negligence Era In Maryland Coming To An End?

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.

Most states use the comparative negligence standard, which allows the plaintiff to recover damages even if he or she was negligent in causing the accident or injury. If the jury finds that the plaintiff deserves a verdict, the jury will be instructed to subtract their award of damages based on the percentage of the plaintiff’s negligence or fault. If the plaintiff proves $100,000 damages but was 10 percent negligent in causing the accident, then the jury will be instructed to award a verdict of $90,000. The contributory negligence standard does occasionally cross over to the criminal justice system, when there is evidence that the plaintiff of an injury case was under the influence of drugs such as marijuana or prescription medication, or if the plaintiff was driving and drinking alcohol, but not to the level that would rise to DUI. The comparative negligence standard in civil cases is highly favorable to the plaintiff, and Maryland trial lawyers have been fighting to change the standard for years. Maryland trial lawyers argue that the contributory negligence standard is too harsh, and unjustly bars recovery. The trial lawyers also argue that everyday citizens are denied access to the civil justice system, because trial lawyers cannot afford to take on cases that may be thrown out due to the slightest bit of contributory negligence. On the other hand, the insurance companies argue that the contributory negligence system keeps frivolous lawsuits out of the court system, and keeps Maryland insurance premiums in check.
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Published on: September 11, 2012

Reported Crime On The Decline In Maryland

By Benjamin Herbst

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 2011 Maryland uniform crime report was released back in June, and according to the data, reported crimes decreased by almost 5 percent from 2010 to 2011. In 2010, there were 204,916 total crime incidents reported, and this number dropped to 195,517 incidents of crime in 2011. Reported incidents of violent crime in Maryland, which includes murder, rape, robbery, and aggravated assault decreased by almost 9 percent. Reported property crimes, which include breaking or entering, larceny-theft, motor vehicle theft, and arson decreased by a much lower rate, but still trended downward. Last year, for every 100,000 people in Maryland, there were roughly 3,350 crime victims, and 495 violent crime victims.
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Published on: September 2, 2012

Are Maryland DUI Checkpoints Effective Part II

By Benjamin Herbst

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.

The Worcester County DUI checkpoint was conducted through a collaboration of various police departments. Police departments in the Delmarva region have collaborated in the past during previous DUI checkpoints. The Maryland police departments involved in this particular DUI checkpoint team included cops from Berlin, Ocean City, the Worcester County Sheriff, and the Maryland State Police. The Maryland State Police typically takes care of all the public relations in multi jurisdictional efforts such as this Worcester County DUI checkpoint, and the state police spokesman made an extremely telling statement. In a press release the Sergeant was quoted as saying of DUI checkpoints, “they don’t always result in a lot of people being arrested for DUI, but you have a lot of contact and education”. You can take the Sergeant’s comments as typical PR rhetoric and simply gloss over them, or you could dissect and analyze the comments. This being a legal blog, we will do the latter. The Maryland State Trooper first admitted that the checkpoints do not result in a lot of DUI arrests. If the checkpoints do not result in arrests, then why would multiple Maryland police agencies spend time, money, and resources collaborating to plan the checkpoints? Especially when we already know from multiple studies that police can make more DUI arrests using simple patrol saturation tactics, which require minimal planning and collaboration.
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Published on: August 28, 2012

Are Maryland DUI Checkpoints Effective?

By Benjamin Herbst

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.

Howard County police reported that other drivers displayed signs of alcohol consumption, but these drivers were not arrested because they did not meet the legal criteria for impairment. Police officers distributed literature on the dangers of drinking and driving to all drivers that passed through the DUI checkpoint. DUI checkpoints are scheduled a few times per year in Howard County. Typically police will schedule a DUI checkpoint during times where alcohol consumption is higher than normal, such as during St. Patrick’s Day and on the Fourth of July. This most recent checkpoint was scheduled after the Fourth of July DUI checkpoint was called off due to rain. Other Maryland jurisdictions such as Baltimore City and Anne Arundel County schedule DUI checkpoints as well, but Howard County holds DUI checkpoints with greater regularity.
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Published on: August 22, 2012

Feds Crackdown On Marijuana Dispensaries

By Benjamin Herbst

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.

On August 21 Federal prosecutors filed 3 lawsuits in Orange County Florida against property owners who rent their real estate to medical marijuana dispensaries. The property owners were told that they could risk forfeiture of their real estate if they continue to rent space to the marijuana dispensaries. Federal prosecuting lawyers also sent upwards of 60 letters to medical marijuana clinics in Orange County threatening criminal charges if the marijuana clinics continue to sell the drug. Orange County is not the only area being targeted by the Federal efforts to crackdown on medical marijuana as the Feds have been going after marijuana dispensaries throughout the Central District of California.
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Published on: August 16, 2012

Seeing Double: Maryland Man Arrested For DUI Twice In One Night

By Benjamin Herbst

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.

The man was arrested at about 2 a.m. and taken to the police station in St. Mary’s County, Maryland. Rather than holding the man overnight, police were kind enough to release the man on his own recognizance less than two hours later. No bail bond was necessary, and police did not wait for the man to sober up, but rather allowed him to call for a sober driver to pick him up. It is unclear whether the man actually got a ride from the police station or if he simply walked home, but the man’s car was still in the tow lot at the time he was released from the Maryland police station. Here is where the southern Maryland man’s night went from bad to historically awful. At about 4 a.m. the same Maryland State Trooper was called to perform a DUI investigation in a shopping center parking lot, which was the exact scene where he had just arrested the man for DUI 2 hours before. Unbeknownst to the trooper at the time of the call, the suspect turned out to be the same man that the trooper had just arrested. When the trooper arrived to the shopping center he discovered that the same man he had just arrested was driving a different car, and was slightly less intoxicated, but still well over the legal limit of .08. The southern Maryland man was arrested yet again for DUI, and this time blew a .11 on the breathalyzer machine.
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Published on: August 13, 2012

Maryland Man Arrested In Major Annapolis Drug Bust

By Benjamin Herbst

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.

In the last few years, there has been a decline in the overall crime levels in Maryland’s capital city of Annapolis, especially in the rate of violent crimes such as assault and robbery. But Annapolis cops and other police forces in Maryland such as the Baltimore police department are still seeing evidence that drug use and drug dealing is not going through the same decline. Police use their own arrest data, as well as available date from external sources such as hospital admissions for drug overdoses, to conclude as the Annapolis police department’s spokesman did after this drug bust was made public “that the war on drugs is far from over”.
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Published on: August 6, 2012

Maryland Marijuana Grower Arrested

By Benjamin Herbst

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.

Police also found over 20 firearms inside the home upon execution of their search warrant. The firearms, which included handguns, shotguns, and rifles were being kept by Ann Arundel police as evidence, although there is no indication that the guns were illegally owned or possessed. Police did say that the ATF was going to be called in to further investigate the collection of firearms. At the time of this article, the man has not been charged with any firearm, gun, or weapons crimes, and it appears that further criminal charges for weapons possession is unlikely. The guns were legally located within the Maryland man’s home, and did not appear to be stolen. Police commented that the number of guns in the home was alarming, although there is no evidence that the man ever brought the guns outside of his home, or used any of the firearms in connection with any sort of crime.
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Published on: July 30, 2012

Maryland Law Enforcement Responds To Changing Views About Marijuana

By Benjamin Herbst

Enforcing Maryland marijuana laws is still a top priority for law enforcement agencies throughout the state, but public sentiment about the drug may be changing the way police look at marijuana cases. Marijuana arrests still account for the majority of all drug arrests throughout Maryland, and in most jurisdictions the ratio of marijuana arrests to other drug arrests is not even close. For example, in Montgomery County 67 percent of all drug possession arrests were for marijuana possession in 2011, and a staggering 74 percent of all drug possession arrests were for marijuana in 2010. These numbers would be even higher if all drug cases processed by Montgomery County Police were included, because a large number of marijuana possession defendants are not arrested, but rather are issued citations for the crime. In contrast, suspects caught by police with other drugs such as cocaine or heroin are almost always arrested at the crime scene. So far in 2012 the percentage of marijuana arrests to all drug arrests has fallen slightly to 63 percent. The question being asked now is whether this percentage will continue to drop as Maryland citizens and Maryland lawmakers become more tolerant of marijuana use.

The Maryland legislature sent a major message to the public when it lowered the maximum penalty for possession of marijuana from one hear in jail to 90 days in jail. The Baltimore Criminal Defense Lawyer Blog has thoroughly documented the softening of marijuana punishments, which will take effect in October, but one topic that has not been discussed is how law enforcement will respond to the legislature’s message. It appears for now that Montgomery County law enforcement will continue to enforce Maryland’s marijuana laws, but Montgomery police may be shifting their attention and focus to marijuana dealers and suppliers rather than users. The head of the county’s drug enforcement section has gone on record stating that Marijuana will still be a priority due to the drug’s prevalence and availability, but county cops are being told to arrest the marijuana dealers, rather than to specifically target the drug’s users. This is clearly a shift in the traditional way we look at law enforcement. Police officers have always targeted certain crimes more than others, but when a top cop goes on record stating that certain laws will be enforced with more vigor than others, change is clearly in the air. There also may be a shift in the way marijuana possession cases are prosecuted by the state’s attorney.
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Published on: July 23, 2012

Maryland Police Can Resume DNA Sampling In Violent Crime Arrests

By Benjamin Herbst

The United States Supreme Court will temporarily allow Maryland law enforcement agencies to resume their post arrest DNA testing policies according to an order signed by chief justice John Roberts. The DNA testing policies allow all Maryland law enforcement agencies to take DNA samples of suspects arrested for violent crimes such as robbery, assault, rape, and homicide. The law also allows police to take DNA from a suspect that is arrested for burglary. Although burglary is not a violent crime, it is a crime that is often only solved when forensic evidence such as DNA or latent fingerprints is recovered from the crime scene. Maryland police agencies are not allowed to take DNA samples upon arrest of suspects that are incarcerated for common non-violent crimes such as DUI, possession of marijuana, and drug distribution.

Earlier this year, the Maryland DNA sampling law was challenged in the Maryland Court of Appeals, and the Court ruled that the DNA collection policy was unconstitutional under the 4th Amendment of the United States Constitution. The 4th Amendment protects citizens against unlawful government search and seizures, and it has been argued by the ACLU and the Public Defender’s Office that taking DNA samples upon arrest is an unlawful seizure. Most states only take DNA samples from defendants after a criminal conviction, or after a judge issues a warrant specifically allowing DNA collection. The ACLU also argued that Maryland’s DNA collection policy violates each citizen’s right to privacy. The Maryland high court agreed with the ACLU back in April, and reversed a 2009 rape conviction. The rape defendant was arrested on an unrelated assault charge, and pursuant to the Maryland DNA testing policy; his DNA was sampled and entered into a database. The database matched the DNA taken from the assault arrest with DNA that was recovered at the scene of an unsolved Maryland rape case, and thus an arrest warrant was issued for the rape defendant.
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