Criminal Defense Lawyer Blog

Published on: March 10, 2012

Should Maryland Decriminalize Marijuana And Other Drugs?

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.

Decriminalization does not necessarily mean that drugs would be legal, rather it simply means that those caught possessing marijuana or other decriminalized drugs would not face criminal sanctions such as jail time. Penalties could still be imposed, including fines, and tickets similar to parking infraction tickets. Decriminalization must occur at the state government level and at the local level in order to be effective.

To initiate decriminalization of marijuana the Maryland Legislature would elect take its drug laws off the books, forcing local governments such as Baltimore City or Baltimore County to instruct its police officers to stop making drug arrests. If local governments have their own drug laws, they could choose to continue to enforce them unless the Maryland legislature enacts specific legislation prohibiting this. Ideally decriminalization would be a joint state and local effort, but Maryland state law would prevail in case of a conflict.
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Published on: March 8, 2012

DUI Charges Filed Against Truck Driver in Baltimore Chemical Spill

By Benjamin Herbst

Maryland Police have charged a truck driver with DUI after the driver crashed his tractor trailer on interstate 95 in Baltimore. The apparent drunk driving accident occurred on February 15, on an overpass above interstate 895. Investigators do not know the exact cause of the crash, but the driver likely lost control causing the truck to turn over in the left lane of 95, just north of the Baltimore harbor tunnel. The allegedly intoxicated truck driver was carrying thousands of gallons of a water based chemical additive used in making concrete. Maryland police have yet to release the blood alcohol content of the accused driver, nor did the police divulge whether the driver submitted to a breath or blood alcohol test.

The chemical spilled from the truck was deemed on the scene to not be toxic, although gallons of diesel fuel were also spilled in the crash. According to Maryland police, the crash resulted in the temporary closure of both interstates, leading to major delays for drivers passing through one of Baltimore’s busiest stretches of highway. The closure lasted almost 7 hours while police and environmental crews worked diligently to clean up the spill and assure the highway was safe to reopen. The chemicals and the diesel fuel reportedly were seen dripping off the overpass and on to cars traveling to and from Baltimore city.

Police were still investigating the accident at the time that the driver was arrested to determine the exact cause of the crash. Other charges were filed against the driver in addition to driving under the influence of alcohol according to the Maryland Transportation Authority Police. The driver was ticketed for negligent driving, failure to obey lane direction, and a federal trucking regulation that prohibits drinking alcohol prior to operating a commercial vehicle.
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Published on: March 6, 2012

Are Maryland Marijuana Laws More Harmful Than Actual Marijuana?

By Benjamin Herbst

Each year Maryland police officers make thousands of drug arrests, costing hundreds of millions of taxpayer dollars, and yet there continues to be no visible evidence that the war on drugs is decreasing the amount of drug users in Maryland. Police officers focus a large portion of their time and effort making arrests for possession of cocaine, heroin, and prescription medication throughout Maryland, and especially in Baltimore City. Perhaps the most staggering data comes from the amount of marijuana arrests that Maryland cops make, and the money spent to make these marijuana arrests.

Maryland police officers made almost 25,000 marijuana arrests in 2007 which averages to roughly 440 people arrested for marijuana per 100,000 people in the general population. This according to drugscience.org is the fourth highest cannabis arrest ratio in the country. About 90 percent of these arrests were for possession, while the other 10 percent were for trafficking, sale, or dealing.

More alarming is the amount of money and resources Maryland spends on enforcing its marijuana laws. While Maryland does not have the strictest marijuana laws in the country, millions of taxpayer dollars are spent on police protection, the judicial system, and the corrections department to enforce these laws. Simple possession of marijuana in Maryland is a misdemeanor with a maximum sentence of one year in jail for a first time offender. Sale and trafficking of marijuana are both felonies with much larger maximum jail sentences. Sale carries up to 5 years in jail. and may carry a mandatory jail sentence, while trafficking can carry up to a 40 year jail sentence and heavy fines.
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Published on: February 27, 2012

Inmates to Lose Jail Good-Time Credits for Cell Phone Possession

By Benjamin Herbst

Prison inmate’s sentences are currently up for debate in the Maryland legislature, but it’s the inmates who have been doing the talking. A bill before the Maryland State Senate calls for an automatic reduction in the amount of good-time credits a sentenced inmate typically receives by the Maryland Division of Corrections if that inmate is caught possessing a cell phone while incarcerated. The bill was presented to the Legislature by Senator Shank, a republican from Washington county.

Those if favor of the bill argue that an inmate who gets his hands on a cell phone places the corrections officers and other inmates at risk, as well as the outside community. Inmates have the ability to organize potentially dangerous actions within the prison walls in addition to being able to conduct criminal activity, such as drug trafficking or witness intimidation beyond the prison walls.

Under Maryland law, cell phones are telecommunication devices that are considered contraband. Contraband such as cell phones, radios, or any other devices that transmit communications are prohibited in places of confinement. Possession of contraband in a place of confinement is a misdemeanor that is punishable by up to 3 years imprisonment, and a $1000 fine. The bill currently up for debate would not change or take the place of this misdemeanor, but rather would serve as additional punishment by affecting the sentence an inmate is already serving on an unrelated crime.
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Published on: February 24, 2012

Baltimore Police Officers Found Guilty of Extortion

By Benjamin Herbst

Baltimore City police officers were recently found guilty of conspiracy under color of law, and extortion in Federal criminal court. A Federal jury found one officer guilty after trial, and the other accepted a negotiated guilty plea hours before the jury began deliberating. Federal sentencing guidelines provide a maximum penalty of 5 years in prison for conspiracy under color of law, and a maximum of 20 years in prison and a $250,000 fine for extortion. A Federal judge will hand down the sentence for the officer, from Edgewood Maryland, convicted at trial at sentencing hearing in March.

These Baltimore City police officers were the last two officers to be found guilty in perhaps the largest police misconduct scandal in the Baltimore Police Department’s history. A total of seventeen officers were charged and convicted of crimes of misconduct including extortion and conspiracy. The scandal began as a kickback scheme where Baltimore officers were paid by a body shop for car accident referrals. More than sixty officers were named as recipients of the kickback money, but only seventeen were charged in Federal court.

The investigation was initiated by the Baltimore Police Department’s internal affairs division, but was later turned over to the FBI. The FBI did not take part in seizing the accused officer’s badges, a job that Baltimore Police Commissioner Bealefeld III handled personally. The corrupt cops were a reportedly summoned to the police department’s training academy under the guise of a routine weapons check. Upon arrival at the academy, the accused officers were no doubt surprised to learn that their kickback scheme had been exposed, and their careers as police officers came to an abrupt but well deserved end.
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