Criminal Defense Lawyer Blog
Maryland trespass laws have recently become a hot topic after two men were arrested for trespassing at Oriole Park at Camden Yards by Baltimore City police officers. The first incident occurred on opening day as the Orioles took on the Minnesota Twins in front of a rare sellout crowd. A 26 year old man from Severn, Maryland ran on to the field during the game dressed in a cape. Unfortunately for the Severn man the cape did not come complete with flying capabilities, and the trespasser was arrested shortly after entering the field of play. The aspiring superhero turned fourth outfielder managed to avoid criminal prosecution, albeit to none of his own credit. Lawyers from the Baltimore prosecutor’s office apparently failed to file charges due to an office miscommunication. The second incident occurred just 3 days later when a 19 year old Baltimore man dashed onto the field during the 12th inning of a frustrating loss to the Yankees. The 19 year old Baltimore man was not wearing a costume and did not receive the benefit of a prosecutorial miscommunication, as he now faces charges of trespass, disorderly conduct, and disturbing the peace.
Both opening week trespassers received lifetime bans from the famous downtown Baltimore ballpark by the Orioles organization. Under Maryland law it is perfectly legal for property owners to impose, long term and even lifetime bans on private property. In order to impose these bans, a property owner need only to notify the person whom they are seeking to keep out. Police officers typically act as agents for the property owners and have the power to issue written no trespass warnings that serve as proper notice. If a person is found in violation of a no trespass warning, they could face a misdemeanor criminal charge with a maximum jail sentence of 90 days. These bans can also be imposed by a judge or as part of a special condition of probation. Violation of a judge’s order could result in criminal charges as well as being held in contempt of court. If a defendant violates a “no return” condition of probation he or she faces violation of probation sanctions that may include jail time or increased probation time.
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The Baltimore City Police Department is currently working out the details of a plan to begin video recording police interrogations for violent crimes. While the Baltimore City Police Department is the eigth largest in the county it is certainly not the most technologically advanced. Hundreds of police departments across the country currently record police interrogations for almost any crime including the Baltimore County Police Department. Some jurisdictions, including Washington D.C., go as far as requiring video recording for all police interrogations. In 2008, the Maryland General Assembly endorsed the use of video recorded interrogations, but did not decide to require them. As a result of the endorsement, the number of police agencies using video recording in Maryland has nearly doubled.
A Baltimore area marijuana dealer has been sentenced to over 20 years in prison after the jury found him guilty at trial. Defense lawyers were unable to overcome the strong evidence that federal prosecutors presented during two weeks of testimony in United States district court in Maryland. The convicted Baltimore drug dealer was arrested in 2010 and charged with distribution of marijuana and conspiracy to commit money laundering. Both the internal revenue service and the federal drug enforcement agency participated in the investigation, which ultimately let to a multi count indictment.
Recently three school buses were involved in a car accident in Prince Georges County, Maryland where upwards of 25 students were injured. And just last week, a central Florida community was rocked by the news that 9 year old student was killed in a school bus accident, along with 15 other students being injured in the crash. These tragic accidents appear to be showing up in the news more frequently, which begs parents and lawmakers to question whether Maryland school buses are actually safe and what the legislature could do to make them safer.
Maryland jails will continue to have the power to strip-search a person who is arrested for any crime, regardless of whether cops are suspicious that contraband may be present. The Supreme Court ruled 5-4 in favor of upholding jail house strip-searches in an April 2 decision. The ruling will allow Baltimore police to strip-search any person arrested before he or she is admitted into the jail for any type of crime. Defendants arrested for minor crimes such as driving without a license, failing to pay child support, or even violating a dog leash law are also subject to strip-search upon being booked into the jail.
The last of five suspects involved a string of Baltimore area armed robberies was recently sentenced to prison. Maryland federal district judge Benson E. Legg handed down the 10 and a half year sentence, which also included a 3 year term of probation when the prison term expires. Judge Legg is the same federal district judge who just last month declared a controversial Maryland gun law unconstitutional (
Crime victims in Baltimore County are now able to file police reports online, instead of reporting the crime to an officer in person. Baltimore County police say the online system will have various benefits for victims of minor crimes and for the police department. Crime victims will be able to quickly generate reports for incidents such as theft and destruction of property, which insurance companies typically require before a claim can be filed. The Baltimore County police will also be able to conserve resources by not dispatching officers to minor crime scenes. Other reports that may now be filed online in Baltimore County include hit and run car accidents, lost property, and abandoned motor vehicles.
Recently a controversial Maryland gun law was declared unconstitutional in federal court. The decision left gun supporters and opponents alike arguing over the possible impacts on violent crime such as robbery, burglary, and even murder. The law required all Maryland residents to prove a “good and substantial reason” to be able to legally carry a handgun outside of the home in order to be granted a gun permit. The lawsuit began when a Baltimore man sued the state of Maryland in federal civil court after his application to renew his handgun carry permit was denied. The Baltimore man was joined in the lawsuit as plaintiff by the Second Amendment Foundation, a non-profit organization dedicated to the preservation of the right to bear arms. The plaintiffs prevailed, and provided the case is not successfully appealed, the Maryland legislature must modify this gun law. 
A federal judge has found a controversial Maryland gun law unconstitutional pursuant to a recent ruling. The key issue of the handgun law is the section that requires Maryland residents to show a “good and substantial reason” to carry a gun outside of their home in order to receive a permit from the state. A civil lawsuit challenging the firearm law was filed in the United States District Court for the District of Maryland, and judge Benson Everett Legg presided over the case. The plaintiffs consisted of multiple parties including the Second Amendment Foundation, a non-profit organization which promotes gun possession and ownership rights, and a Baltimore County resident.
Each year thousands of defendants are arrested in Maryland for possession of marijuana and other drugs such as cocaine and and prescription pills. The costs of enforcing Maryland marijuana laws and other drug laws were revealed in part one of this post. In part two we will discuss the possible positive effects of decriminalizing marijuana in Maryland.