Articles Posted in Juvenile Crimes

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motocross-1461530_960_720Police officers in the Baltimore and D.C. metropolitan area have been trying to crack down on illegal dirt bike riding for years, but have little to show for their efforts. It seems this brand of illegal riding is as popular as ever, as it’s hard to take a daytime drive around the city without encountering a group of teenagers and young adults popping dirt bike wheelies in the street. The riding has become a nuisance for motorists and residents in the area, and police have responded by citing or arresting the riders and confiscating their bikes. This has been an ongoing thorn in the side of the police, but the problem has not really risen to a critical level until recently. The heightened concern is not only due to an increased amount of injuries to pedestrians and the riders themselves, but also the astronomical rise in the number of dirk bike thefts being reported in the metro area. It seems that urban riding has become so popular that it has created a lucrative illegal market for the bikes, which can in some instances cost as much as a car. Numerous thefts have been reported in Montgomery County, Frederick County, and in Baltimore City. The thieves have become organized and determined, sometimes following actual dirt bike riders home from the track, or researching where they live. One professional rider in Montgomery County had two bikes stolen from his house with an estimated total value of over $25,000.

In addition to becoming organized and determined, the market for bikes has caused some brazen behavior from thieves. Recently a group of young men actually broke into the Baltimore City impound, where bikes confiscated by police are stored. This group of ten young men were met by an unarmed security guard who could do little to stop the thieves other than call for backup. Six of the young men were arrested, but the other four got away with stolen property. One of the thieves allegedly flashed a handgun to the security guard as he gave chase. Outrage from the community and frustration from the police department has prompted the creation of a special police dirt bike task force to combat illegal riding in Baltimore City streets. This will undoubtedly lead to more arrests and more confiscated bikes, but as the popularity of street riding explodes it seems we are far from seeing an end to this activity.

The Blog will continue to follow cases involving illegal street riding in Baltimore and the surrounding areas. We will also follow cases of dirt bike theft as well. Those arrested for stealing dirt bikes will face the charge of motor vehicle theft, which is a felony with a maximum penalty of five years in jail. These defendants could also face felony theft over $1,000 and burglary charges.  Many of the defendants are actually juveniles, and based on their age they could be tried as adults.  The riders often face numerous traffic offenses such as driving an uninsured vehicle, driving without a license, and driving an unregistered motor vehicle. Some traffic charges related to illegal street riding carry jail sentences, expensive fines and points, which can lead to valid licenses being suspended by the MVA. Benjamin Herbst is a Baltimore criminal defense attorney who handles motor vehicle theft and burglary cases in all state and federal courts in Maryland including juvenile criminal court. Contact Benjamin for a free consultation about your case at 410-207-2598.

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yellow-690532_960_720Anne Arundel County Police have reported that five teenagers were arrested for attempting to steal a taxi cab in Pasadena just before midnight this past Monday. Officers responded to a call for help after a cab driver reported he was involved in a verbal dispute with the five juveniles. The argument escalated after one of the teens took the driver’s cell phone. As the cabbie attempted to take back the phone, another teen jumped into the driver’s seat of the cab and attempted to take off. The cabbie then shifted his focus from the stolen phone to the car, and was able wrestle control of the wheel away from the juvenile offender. The five teens, all ages 15 or 16, then fled the scene in different directions with the cabbie’s phone. Several police officers arrived on scene, including two Ann Arundel County Police K9 units and one Maryland State Police K9 unit, to investigate and locate the suspects. All five were later found hiding in the surrounding area and were arrested. Four of the juveniles were from Pasadena and one was from Baltimore.

Each of the juveniles was charged via citation with three criminal offenses including theft, 2nd degree assault, and unlawful taking of a motor vehicle. They were released to their parents after the booking process concluded. The five teenagers will now be brought through the juvenile criminal justice system, which will begin with an intake hearing with an officer from the Department of Juvenile Services. These intake hearings occur in the various offices of DJS, and are not held in court. An intake hearing is an informal setting where one of three outcomes is possible. After speaking with the juvenile, the parents and the juvenile’s attorney, the DJS officer can close the case and issue a warning, which is the best possible outcome for the juvenile. If the officer feels the facts of the case are too serious for a simple warning, he or she can choose to keep the case open and place the juvenile on informal supervision for 90 days. This option allows DJS to maintain some sort of authority over the juvenile without sending the case to court. The third option is for the DJS officer to recommend that the case be handled in the circuit court where the offense is occurred. The state’s attorney’s office would then take control of the case and file a petition for delinquency with the juvenile clerk.

The decisions of the intake officer are not always final. The victim, which in this case would be the cab driver, could appeal if for example he is unsatisfied that the case was not forwarded to the state’s attorney. The state’s attorney’s office could also choose to file a petition with the circuit court if they feel informal supervision is inadequate. Typically felony charges end up in the circuit court, so it is likely that at least one of the five juveniles will have their case heard in an Annapolis courtroom. Unlawful taking of a motor vehicle is a felony, as is theft over $1,000. All juvenile cases are under seal and not available to the public, so the Blog will not be able to post a follow-up on these cases, but keep checking back for criminal law news around Maryland.

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school-417612_640A Baltimore County 8th grade boy was arrested last week and now faces assault charges for allegedly kissing a female classmate. Police officers responded to Pikesville Middle School on Wednesday after school administrators reported that the 13-year-old boy grabbed a 14-year-old female by the shirt, and then kissed her on the mouth without her permission. The female was also an 8th grade student at Pikesville Middle. The boy stated to officials that he kissed the girl in response to a dare from fellow classmates, and now the incident has sparked national debate whether the incident should have been handled differently. School officials could have handled the incident internally under the student code of conduct, but instead opted to involve county police. The officers who responded to the scene acted under state law in charging the boy with misdemeanor second degree assault. This offense carries a maximum penalty of ten years in jail, but because this incident will be filed as a juvenile case the statutory maximum penalties do not apply. A juvenile filing also means that all information about the case will be under seal and off limits to the public. If the state’s attorney’s office decides to prosecute the case it will be heard in the circuit court in Towson.

Unlike other jurisdictions, Maryland classifies the crimes of assault and battery under the same statute. Under the traditional common law assault is generally defined as a threat to do harm combined with the apparent ability to carry out the threat, while a battery is defined as an intentional and unwanted physical touching. In other states this incident would have likely been classified as a simple battery case, but here it falls under the umbrella category of assault. Injury is never a required element of a simple battery, and the same applies for the second degree assault law used in our state courts today. The girl involved in the kissing incident was not injured, but she did not consent or welcome the kiss. Clearly the act was intentional, which means the two basic elements of a crime were satisfied. But whether a crime on paper actually happened, and whether the criminal justice system should be involved are two separate issues.

There are compelling arguments for both sides of the controversial kissing arrest. On one hand you have to maintain the message that any type of unwanted physical touching will not be tolerated, with our society demanding even more emphasis placed on unwanted sexual contact. If the potential punishment is not severe enough there will be minimal deterrent for this type of behavior in the future, which has the potential to escalate to other more serious violations than a kiss on the mouth. On the other hand, you have to take into account that the accused is a 13-year-old boy who lacks the ability to completely understand and evaluate his actions. This is not to say that punishment and accountability are inappropriate in this particular incident, but subjecting a 13-year-old to an arrest and criminal prosecution is undoubtedly a traumatizing experience that may not be warranted under these facts. Ultimately it will be up to the state’s attorney’s office whether to pursue this case in criminal court, and they will likely involve the victim and her parents in the decision. The Blog will follow this case and may post a follow-up, with the caveat that a sealed status could limit information that is available to the public.

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police-780322_640During the off-season Ocean City is a quiet beach town with a population of around ten thousand residents, and relatively low police activity. In the summer months though the town transforms into a bustling city of over 300,000. Most of the summer visitors come with family to enjoy Maryland’s famous 10-mile stretch of beach, but there’s also the crowd that comes with a different purpose. The nightlife along coastal highway is enough motivation for many to brave the Route 50 speed traps, or the stop and go traffic coming from Pennsylvania down through Delaware. As is usually the case, packed bars and party hungry tourists attract the attention of police officers. Some officers are simply out there to keep the peace, but others are hungry for some police action. The 100 plus “seasonal” officers that the town of Ocean City employs each summer to supplement the regular force would probably fall into the latter category. Thousands of partygoers plus an increased law enforcement presence makes it hardly a surprise that the OC Police recently conducted a major undercover drug operation.

The undercover drug operation lasted throughout June and yielded 37 arrests. There were 23 controlled drug transactions between cops and unsuspecting dealers, which were used as evidence for distribution charges and other CDS offenses. Police also seized physical evidence including marijuana, cocaine, firearms and cash. Almost all of the defendants are from Maryland, though a few are Pennsylvania residents, and 6 of the 37 were arrested and charged as juveniles. The adult defendants range in age from 18 all the way to 46, but most are 23 or younger. All but three of the adults are facing felony charges that will likely be set for preliminary hearings in the Ocean City District Court sometime in August. Most of these cases will then be indicted or filed in the Worcester County Circuit Court over the next few weeks. Two of the cases are misdemeanor weapons charges and one is a disorderly conduct, which could be handled in the district court right in town.

This is definitely not the first, and will not be the last time Ocean City Police put together an organized undercover drug operation. Each summer there are dozens of drug arrests that involve an undercover cop posing as a party going tourist looking to get high. Most of these controlled deals involve a team of around four officers. One or two are usually dressed in street clothes, while another couple are watching or recording from a police car. The cops posing as potential buyers will typically meet their suspects in crowded areas such as the boardwalk, and then lure them onto the side streets to complete the deal. After the transaction is finished the uniformed officers will then jump out to make the arrest. In some instances police will not make an arrest right away, but will wait until the entire operation is over so as not to jeopardize the identity of the undercovers. But these situations are usually reserved for known dealers, and require a more patient approach that might not be practical to law enforcement in a tourist town. The Blog will follow these cases as they progress through the county courts, and may post a follow up article if necessary.

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hammer-620011_640.jpgState lawmakers have officially closed the books on the 2015 legislative session, and there will be a host of new criminal and traffic bills reaching the governor’s desk in the next few weeks. Some have progressed through both chambers with little fanfare, and others have attracted media attention from the first reading onward. The decriminalization of marijuana paraphernalia was a hot topic even before lawmakers convened in January, so naturally this bill received a great deal of attention throughout the legislative process. Numerous amendments were proposed and rejected, but the final bill is concise and pointed, and only modifies two existing controlled dangerous substance laws. These are section 5-601, which deals with possession, and 5-619, which deals with paraphernalia. The drug possession law is simply modified to include a section that makes smoking marijuana in public a civil offense punishable by a $500 fine, while the paraphernalia law is modified with one small paragraph stating that criminal punishments do not apply to paraphernalia involving the use or possession of marijuana. Thus, come October pot paraphernalia will no longer be a crime in Maryland.
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brownie2.jpgMarijuana infused foods, also known simply as edibles, are becoming increasingly popular for pot users of all ages. These products have been in existence for decades, but for the most part were only available in concert parking lots or as a rare party favor. Edibles were never considered a mainstream way to ingest marijuana, but this changed with the dramatic rise of medical marijuana and new patients it attracted. With the opening of state regulated medical marijuana dispensaries came an increased demand for edibles. Medical marijuana patients with an aversion or even a physical inability to smoke needed a way to ingest the beneficial drug without subjecting themselves to the unwanted smoke. The answer was edibles, and now the demand has created an entire industry for edible marijuana.
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cityhall.jpgJust a couple months after a near unanimous vote by the city council, one of the strictest youth curfews is now officially the law of Baltimore City. Starting last Friday, all children under the age of 14 are required to be indoors at 9 p.m. every night of the week, unless accompanied by an adult. Juveniles between the ages of 14-16 must also be indoors by 10 p.m. on school nights, and at 11 p.m. on other nights. Any child caught violating the curfew will be taken to a youth connection center, where the parents or legal guardians will be notified. If the parents cannot be located then the department of social services and child protective services will become involved. Amidst national criticism, the mayor has strongly defended the curfew, stating numerous times that the intent of the law is to protect the children of Baltimore, and not to fight crime by enhancing police power. It’s hard to argue with the goal of protecting the city’s children, as nine children were killed this past year in Baltimore, a number that has more than doubled from last year. But still, there are those who believe the curfew is the wrong way to solve a serious problem.
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curfew.jpgThe Baltimore City Council recently voted 11-2 to impose a strict nightly curfew on children and young teens throughout the city limits. The mayor has already said she will approve the new bill, and it could end up becoming law by the middle of this summer. Bills signed by the mayor typically become law 30 days thereafter. The city currently has a curfew in place, which prohibits anyone under the age of 17 to be out on the streets past 11 at night on weekdays and midnight on weekends. But the proposed curfew is considerably more restrictive, and specifically targets various age groups. Upon becoming law, children and teens under the age of 14 will be required to be off the streets and indoors by 9 p.m. each day of the year. Teenagers between the ages of 14 and 16 will be permitted to stay out until 10 p.m. on school nights, and until 11 p.m. on all other nights. The new city legislation also increases the penalty for the parents of children that are found to be in violation. Where the old penalty carried a fine of up to $300, the new law will authorize a fine of up to $500. There is a provision that allows the fine to be waived if the parent attends counseling sessions with their child.
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