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Marijuana Possession Penalties Reduced In Maryland

May 7, 2012

1380109_the_maryland_state_house.jpgThe Maryland Legislature recently passed a bill that will lower the maximum penalty for possession of marijuana from 1 year in jail to 90 days in jail. Maximum fines for marijuana possession will also drop from $1000 to $500. The bill was signed into law by Governor O'Malley and will go into effect in October of 2012. The Maryland marijuana bill only applies to simple possession of less than 10 grams of the plant, a compromise between the two legislative chambers. The Maryland Senate wanted the new bill to apply to possession of any amount less than 14 grams of marijuana, or one half ounce, but the Maryland House wanted reduced punishments only for less than 7 grams, or one quarter ounce of marijuana. The Maryland law makers eventually agreed on the 10 gram limit, and the bill easily passed both chambers by a vote of 41-5 in the Senate, and 92-31 in the House.

Maryland law makers have recently been focused on streamlining the judicial system, and the marijuana bill appears to be a small step in that direction. According to the FBI, Maryland police officers made nearly 24,000 marijuana arrests in 2010. Many of the resulting criminal marijuana cases can linger for months in Maryland circuit courts, because defendants who face more than 90 days in jail are entitled to a circuit court jury trial. Only a fraction of these circuit court cases are actually tried in front of a jury. Criminal defense lawyers, and the defendants themselves are aware that these cases often end up being dismissed or reduced after months of stagnation in circuit court. The theory that good things happen to those that wait out their criminal cases is often true for defendants, but the judicial system ends up bearing the burden, and has become increasingly and unnecessarily bogged down.

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Maryland Trespass Laws Allow Lifetime Bans On Private Property

April 18, 2012

127500_get_out_varmit.jpgMaryland 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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