Criminal Defense Lawyer Blog
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technology-2500010__480-300x200The Juvenile Interrogation Act, which prevents police from questioning juveniles without first providing an attorney has its critics, but it is not the only element of juvenile justice reform to come under fire recently.  Other provisions of the recent reforms include the abolishment of criminal charges for children under the age of 13 in non-violent offenses.  This seems like a policy everyone could get behind, and in reality, juveniles under the age of 13 who are charged will almost always have their cases resolved at the intake phase.  State’s Attorney’s Offices do not make a habit of filing juvenile petitions against 11 and 12-year-olds unless the allegations are particularly shocking and/or violent.  So, if the State will rarely, if ever, prosecute a child under 13 in a non-violent offense, then why would there be any critics of a law that bars arresting and charging them in the first place?  The answer appears to be the skyrocketing number of motor vehicle thefts.

Motor vehicle thefts have been on the rise in most Maryland jurisdictions, though in Baltimore County the numbers have truly taken off.  The county police reported a 175% increase in motor vehicle thefts over the past year, which means the number of victims has almost tripled.  In Baltimore City there were almost 1,000 motor vehicle thefts in the month of May alone.  This number is about triple the number of thefts in May of 2022, which is in line with the county numbers.  Many of these offenses are committed by juveniles, but now the police are starting to see children as young as 11 being the culprits.  Not only do the young children know there will be no consequences if they are caught, older juveniles are taking notice as well.  Police have described incidents where older juveniles entice the younger ones to commit the thefts and drive the stolen vehicles so that neither will face retribution.   County police allegedly linked the same 11-year-old to as many as 17 different auto thefts in the area around Dundalk and Essex, but have been unable to do anything about it due to the new laws protecting minors.

The argument against the juvenile reform is that there will be no intervention with teeth for these young children, and that they will learn at a young age that there are no consequences for committing crime.  On the other hand, the department of juvenile services and the court system will still be able to intervene starting at age 13 in non-violent offenses such as theft.  It is debatable whether the law barring children under 13 from being charged has done more harm than good.  In reality there are logical arguments to be made on both sides and the right answer is somewhere in the middle.  Still, it would not surprise us if both sides of the spectrum continue to cry foul to the legislature, and some sort of modification to juvenile justice reform passes next spring.

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prison-300x201Last year Maryland lawmakers passed the Child Interrogation Protection Act, which requires law enforcement to provide detained juveniles access to a lawyer before being questioned.  All detained suspects are afforded the right to remain silent and the right to an attorney under the United States Constitution, but juvenile defendants are especially vulnerable to being pressured into the waiving their right to remain silent and their right to counsel.  Prior to the law passing, juvenile defendants were still required to be read their Miranda rights before any custodial interrogation could begin, though it became increasingly clear that many did not understand their rights and were convinced there was no other option than to speak to police.  In response to an overwhelming number of false confessions in juvenile cases, lawmakers voted in 2022 to require police to put detained juveniles into contact with a lawyer before commencing questioning.  Per the new law, which went into effect almost one year ago, it is a lawyer, either in person or over the phone, who must advise a juvenile of his or her Miranda rights and not a police officer.  Violations of this law would lead to any statements being suppressed, but it appears some law enforcement agencies are undeterred, and continue to press juveniles for information before a lawyer can be reached.

According to reports, there were at least ten incidents where detained juveniles did not speak to lawyers prior to questioning during the month of July in Baltimore City.  There is logical suspicion that dozens more juveniles were questioned without speaking to an attorney over the summer in Baltimore City.  Violations are also suspected to have occurred in Anne Arundel County, Montgomery County, Allegany County and Garrett County.  Law enforcement may feel empowered to ignore the Child Interrogation Protection Act because a number of elected State’s Attorneys have publicly bashed the law for hindering their officer’s ability to solve crimes.  The Baltimore City SAO called the new law a barrier to solving crime and the Prince George’s County State’s Attorney described the law as a problem due to juveniles being less inclined to offer essential information to solve crimes.  The Wicomico County State’s Attorney has also been highly critical of the law, which specifically limits police to solve crimes that involve gangs and multiple co-defendants.

Juvenile crimes are unique in that they often occur with multiple witnesses and are routinely committed by numerous individuals.  Young people rarely do things alone, and therefore when a crime is committed there is usually a trail of evidence.  While police can ultimately subpoena cell phones and social media accounts for this evidence, when time is of the essence there is nothing quicker (or easier) than a scared young detained suspect spilling his or her guts to the police.  The problem is that juveniles are roughly three times more likely to give false confessions to adults, and we simply cannot stand by and watch as police shove a piece of paper in front of a 15-year-old for a signature or give a 20 second speech and assume there is a free and knowing waiver of the right to remain silent and the right to counsel.
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packs-163497_1280-300x200The chief of the Maryland Transportation Authority Police has resigned after serving as the agency’s top cop for more than three years.  A department press release gave little details as to why the 29-year police veteran stepped down, but various media outlets are reporting that allegations of misconduct related to time stealing led to the resignation.  In addition to the chief calling it quits, his wife, a MDTA lieutenant assigned to BWI airport, has reportedly been suspended pending an investigation into similar allegations of time stealing.  With more than 500 sworn officers, the MDTA police is the eight largest law enforcement agency in Maryland.  It is primarily tasked with policing the state’s major bridges and tunnels, including the Baltimore Harbor tunnels along interstates 95 and 895, as well as the Chesapeake Bay Bridge.  The MDTA police is also the primary law enforcement agency operating at BWI airport and the Port of Baltimore.  Most of the MDTA Police’s work involves traffic violations such as speeding, DUI, driving an uninsured vehicle and driving on a suspended license, but its officers also investigate criminal acts that occur within its jurisdiction.  Officers are always looking for illegally possessed firearms at the Port of Baltimore and BWI, as well as on the highways they patrol.

There has been no official word whether the former chief and his wife will be charged with any criminal offenses, but a full investigation is almost certainly taking place.  The pair could end up being charged with theft and misconduct in office if investigators find evidence that they inflated time sheets in order to increase their paychecks from the state.  Misconduct in office is a serious criminal offense under Maryland law, as judges and prosecutors treat any breach of public trust with a great deal of scrutiny.  In addition, Judges and prosecutors know that cases involving higher profile public employees often bring media attention, which could lead to defendants being treated more harshly than anonymous public employees.  The chief of a large state police agency who was appointed by the governor and makes close to $200 thousand per year is certainly a high-profile defendant, and his case will create major headlines if charges are filed.

The exact charges the pair may be facing depends on their specific acts, and the amount of their alleged scheme.  Misconduct in office is the catch all common law offense that most government officials in this situation would face.  It is a misdemeanor with no specific maximum penalty, but jail time can be a realistic possibility even for first-time offenders.  A sentencing judge would not only consider the breach of trust in this potential case, but also the fact that law enforcement officers are held to a higher standard than civilians.  In addition to misconduct in office, the pair could face fraud and felony theft charges.  Any theft scheme with a total value of more than $1,500 is considered a felony in Maryland that carries up to five years in jail.  If the value of the theft or theft scheme is more than $25,000 the charge becomes more serious and the maximum penalty doubles to ten years.  The most serious theft charge in Maryland requires a value of more than $100,000, and upon conviction carries a maximum penalty of up to twenty years in prison.

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police-780322_640-300x200Each year in Maryland thousands of warrants are issued for defendants in criminal and traffic cases.  To say it’s an uneasy feeling to have a warrant is an understatement, as sooner or later most of us will have some sort of interaction with a police officer.  The majority of these interactions come during traffic stops, but even those who don’t drive can find themselves in a conversation with law enforcement.  A good deal of individuals first discover they have a warrant from a police officer when it’s already too late to do something about it.  The exception would be for a person who is out of state and police discovery a non-extraditable misdemeanor warrant.  In these cases, the warrant can still be addressed while the defendant is out on the street, as local police will not arrest a person they know will not be picked up by Maryland.  Anyone with a Maryland warrant who comes in contact with an officer in the state will be arrested and taken before a judge or a commissioner.  At this time the only thing to do would be to hire a criminal defense lawyer to handle the bail review and/or the initial appearance.  A defendant is entitled to representation during his or her initial appearance with a commissioner, and it definitely helps to have a lawyer.  An experienced lawyer may be the difference between securing release on bond or on recognizance, which will save a person from spending the night in jail.

For those who learn about a warrant before coming in contact with police there are a few steps to take.  Unless a defendant is prepared to go to jail right away, it always makes sense to at least try to address the warrant beforehand.  Writing a letter to a judge may get the job done, but having a lawyer file a motion to quash or recall the warrant will have a much higher success rate.  Lawyers will look into the case to see why exactly the warrant was issued, and then tailor a motion to best address any issues the judge may have.  A lawyer first needs to determine what type of warrant was issued.

There are two types of warrants in Maryland, but both instruct a police officer to arrest the defendant and bring him or her before a judge or commissioner.  Bench warrants are the most common type of warrants, and typically are issued in traffic and misdemeanor cases.  They are called bench warrants because they are issued by a judge (from the bench where they sit in court).  The two most common bench warrants are failure to appear bench warrants and violation of probation warrants.  Anyone who fails to appear in court for trial, motions or even for their initial appearance could have a bench warrant issued.  Bench warrants typically instruct the police to take the defendant before a district court commissioner, who will then determine whether to release the defendant.  A warrant like this will say “to be set by commissioner”.  In some cases, a judge may issue a no bail bench warrant where the defendant would have to see a judge in order to be released.  Defendants may fail to appear for a variety of reasons, so having an attorney explain the situation to the judge is always advantageous.  A defendant may have moved and not received the court notice, or in some cases due to health issues may not have been able to attend court or probation, and the judge should understand all of the issues surround the FTA or probation violation.

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handcuffs-2102488__480-300x169Each year in Maryland thousands of warrants are issued for defendants in criminal and traffic cases.  To say it’s an uneasy feeling to have a warrant is an understatement, as sooner or later most of us will have some sort of interaction with a police officer.  The majority of these interactions come during traffic stops, but even those who don’t drive can find themselves in a conversation with law enforcement.  A good deal of individuals first discover they have a warrant from a police officer when it’s already too late to do something about it.  The exception would be for a person who is out of state and police discovery a non-extraditable misdemeanor warrant.  In these cases, the warrant can still be addressed while the defendant is out on the street, as local police will not arrest a person they know will not be picked up by Maryland.  Anyone with a Maryland warrant who comes in contact with an officer in the state will be arrested and taken before a judge or a commissioner.  At this time the only thing to do would be to hire a criminal defense lawyer to handle the bail review and/or the initial appearance.  A defendant is entitled to representation during his or her initial appearance with a commissioner, and it definitely helps to have a lawyer.  An experienced lawyer may be the difference between securing release on bond or on recognizance, which will save a person from spending the night in jail.

For those who learn about a warrant before coming in contact with police there are a few steps to take.  Unless a defendant is prepared to go to jail right away, it always makes sense to at least try to address the warrant beforehand.  Even if a defendant has no intention of coming back to Maryland, a warrant can prevent a person from renewing his or her driver’s license anywhere in the county, and can show up on background checks for decades.  Writing a letter to a judge will likely not get the job done, but hiring a lawyer or applying for the public defender and having them file a motion to recall the warrant will have a much higher success rate.  A lawyer will look into the case to see why exactly the warrant was issued, and then tailor a motion to best address any issues the judge may have.  The lawyer first needs to determine what type of warrant was issued.

There are two types of warrants in Maryland, but both instruct a police officer to arrest the defendant and bring him or her before a judge or commissioner.  Bench warrants are the most common type of warrants, and typically are issued in traffic and misdemeanor cases.  They are called bench warrants because they are issued by a judge (from the bench where they sit in court).  The two most common bench warrants are failure to appear bench warrants and violation of probation warrants.  Anyone who fails to appear in court for trial, motions or even for their initial appearance could have a bench warrant issued.  Bench warrants typically instruct the police to take the defendant before a district court commissioner, who will then determine whether to release the defendant.  A warrant like this will say “to be set by commissioner”.  In some cases, a judge may issue a no bail bench warrant where the defendant would have to see a judge in order to be released.

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graphics-882726_640-300x207In February of 2022 a young woman from Florida was indicted for second degree murder related to an incident that occurred on the Baltimore Washington Parkway three months prior.  The government charged the woman with the intentional killing of her girlfriend after the United States Park Police determined that the defendant ran over the victim with a Ford Expedition and fled the scene.  While the defendant could have faced life in prison for attempted murder, the finder of fact concluded that the evidence supported a conviction for heat of passion voluntary manslaughter after an 8-day trial.  After considering all the facts presented at trial and mitigation presented at the sentencing hearing, a federal judge sentenced the defendant to 9 years in prison followed by 3 years of supervised release (probation).  The sentence was handed down last week at the Baltimore City federal courthouse almost 3 months after the trial concluded back in May.

According to facts presented at the trial, in the early morning of November 24, 2021, United States Park Police officers from the Greenbelt station responded to reports of a body on the side of the BW Parkway just south of Laurel.  Police did not observe skid marks or recover broken automobile parts, though two cell phones were found on the scene, with one having a cracked screen.  The investigation quickly picked up steam after the defendant herself called the Park Police to say that her cellphone had been thrown out of her vehicle and was pinging to the Greenbelt station.  The defendant agreed to come to the station to pick up the phone and upon arrival gave an initial statement that likely cemented her status as the prime suspect.

While the defendant denied committing any sort of violent act, she did admit to driving the victim, and after allegedly being hit by her passengers in a scuffle, pulling over and ordering the victim and another person out of the vehicle.  The defendant claimed she was driving a Nissan, which Park Police officers observed at the defendant’s mother’s house in Washington D.C. a few days after the incident.  Detectives also noticed a Ford Expedition with a vanity license plate that spelled out the defendant’s first name, and immediately became suspicious of this vehicle.  The Expedition had visible front-end damage and in a second interview the defendant admitted to driving it on the morning of the incident.  Forensic examination performed by the FBI eventually concluded that the victim’s DNA was present on an indentation on the vehicle’s hood, which likely was more than enough to support the government’s indictment.

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squad-car-1209719_960_720-300x162The proximity of Maryland to our nation’s capital results in an increased federal law enforcement presence.  Most people are aware that the numerous military bases such as Fort Meade, Andrews and Aberdeen Proving Ground are patrolled by federally sanctioned police forces.  What most people don’t realize though, is that several major highways in Maryland are actually located on national park land that is maintained and policed by the federal government.  The largest and most travelled of these highways is the Baltimore Washington Parkway, also known as 295.  The BW Parkway links the cities of Baltimore and Washington D.C., but is also a common thoroughfare for those traveling to and from Prince George’s County, Howard County and Anne Arundel County.  In addition, 295 is the major access point of a variety of federal facilities such as Goddard and the NSA.  Needless to say, it’s a busy highway at all hours of the day, which translates to a large number of accidents, traffic stops and arrests.

When an accident or traffic stop occurs on a Maryland parkway such as 295 or the Clara Barton, the U.S. Park Police will likely be the law enforcement agency that arrives on scene.  Any driver who is cited for an infraction such as speeding will be issued a citation and given the option to pre-pay a fine.  Drivers charged with more serious offenses such as DUI, driving without a license, leaving the scene of an accident, and open container will be issued a citation with a mandatory appearance noted on the bottom left of the ticket.  Failure to maintain control of a motor vehicle may also result in a mandatory court appearance, which is not the case for state citations related to causing an accident.  Drivers cited for must appear offenses will eventually receive a court date from the Central Violations Bureau or CVB.  The CVB could take months to process the case, and during COVID we even saw cases set more than 2 years after the alleged violation (federal cases have a 5-year statute of limitations).

Lately it appears the cases are set within a few months, so anyone charged should expect a court notice in the mail within 90 days of being issued the citation.  Federal traffic citations are first set for an initial appearance where the judge will advise the defendant of the charges and potential consequences.  A lawyer may be able to waive the initial appearance in the Baltimore federal court, but the defendant will likely have to appear for initial appearance if the case is at the Greenbelt federal court.  The maximum punishment for a federal traffic violation is typically 6 months in jail and fines that could be several thousand dollars, but an officer has the ability to charge a defendant with a violation of a Maryland state law.  In the case of DUI or leaving the scene of an accident the maximum penalty would then be up to one year under the Maryland Transportation Article.  If the citation says MTA next to the statute number, then the driver has been charged under Maryland law and could potentially receive a stay of judgment, which is similar to probation before judgment (PBJ).  Citations that contain a statue under 36 CFR are federal, and a stay of judgment is not a possibility.  Unlike state cases, a person who is convicted of a federal traffic citation will not typically receive points on his or her driver’s license.

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465392_breathalyzer-300x243The Maryland DUI laws are constantly changing, which means they can be difficult to understand and almost overwhelming for those charged.  This is especially true for first time offenders who have never been through the criminal court system.  Most drivers who are arrested for DUI are released from the police station, but we are seeing more drivers booked into the local jails than ever before.  Either way, once the shock of being arrested and charged wares off, the stress of what lies ahead arrives.  The first thing to understand about a Maryland DUI is that each defendant is fighting two battles at the same time.  The most obvious battle is the court case, where a driver can face anywhere from three to more than ten citations in the District Court of Maryland.  This battle must be taken seriously, as the punishments requested by the State for drunk driving are increasing in severity.  All defendants in impaired driving cases are advised to retain a lawyer for the court case, but the more time sensitive battle may actually be with the MVA.  An experienced Maryland DUI lawyer can help with both the court case and the case with the MVA, but in this post we will focus solely on the immediate consequences regarding driving privileges after being charged with DUI.

The immediate consequences for a DUI arrest are much different for in-state drivers than out-of-state drivers.  First of all, the police do not have authority to confiscate a person’s out-of-state driver’s license, and the home state will not likely be notified of the charge until the case is over.  This means that an out-of-state driver arrested for DUI in Maryland will not have his or her license suspended until much later in the process, if ever.  On the other hand, an out-of-state driver may lose his or her privilege to drive lawfully in Maryland.  Out-of-state drivers who wish to stay here and drive lawfully must switch to a Maryland restricted license in order to drive legally after 45 days.  The firm specializes in representing out-of-state DUI cases, and we are happy to provide a more detailed explanation over the phone or in person.

Law enforcement will confiscate the licenses of Maryland residents arrested for DUI, and in exchange will provide a temporary license in the form of carbon copy paper.  This temporary license is good for 45 days, and during this time a defendant will have no driving restrictions.  The 45-day period is not a time to sit around though, as a driver will have a couple of options and a limited amount of time to decide what to do.  Those who refuse the breath test or who blow over a .15 will have to choose between not driving for 9 months or installing the interlock device in their car.  There is no wiggle room for the interlock requirement on a refusal or a high-test result, and prevailing at an administrative hearing is difficult.  The administrative law judge or ALJ does not have the authority to do anything but allow interlock provided there was a valid basis for the suspension in the first place.  An ALJ may allow drivers who must use a work vehicle to drive said work vehicle without the device as long as adequate proof is provided in advance.

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handcuffs-354042_640-300x225Montgomery County Police recently reported the arrest of six individuals in a brazen theft scheme that involved at least eleven different stores on the Maryland side of the D.C. Metro area.  Many of the incidents happened at retail stores in Bethesda, and some of the suspects appear to be connected to additional crimes in Anne Arundel County and Washington D.C.  The crimes, which have been labeled as “pack thefts” by law enforcement, are hardly sophisticated and involve a strength in numbers tactic.  Most of the incidents were caught on surveillance camera, but the masked thieves did not seem to care as they ransacked the stores in unison, stuffing expensive cosmetics and other items into trash bags and shopping carts. Store employees and onlookers stood by reluctant to intervene as the individuals made off with thousands of dollars of merchandise.  In one of the videos released by law enforcement an onlooker was observed on the phone speaking with 911 dispatch, but law enforcement arrived after the bandits had fled the scene.  According to police many of the offenses were committed using stolen vehicles that were carjacked or boosted from Washington.  One of the juvenile defendants is connected with specific carjackings and armed robberies and will likely be charged as an adult.  Both armed robbery and carjacking are considered violent offenses that the juvenile court does not have original jurisdiction over if the defendant is 16 or older.

Only two of the six defendants were actually adults, and the youngest of the arrested individuals was merely 13 years old.  The two adult defendants appear to be siblings, and the male was held at the Montgomery County Detention Center without bail after his arrest.  This individual, a 28-year-old from D.C., was arrested in mid-June after he apparently crashed a stolen vehicle.  He was charged with motor vehicle theft, unauthorized removal of a motor vehicle, felony theft, conspiracy and malicious destruction of property.  Police also issued the defendant numerous traffic citations including reckless driving and driving without a license.  In a separate but similar case, the same individual was charged with felony theft scheme and malicious destruction of property for accusations dating back to April.  The female adult defendant was arrested 5 days after her brother in Washington and was released.  She also has a pending case for assault and violating a protective order in Prince George’s County.  While the juvenile defendants’ charges are sealed from public view, they are likely charged with the same offenses that include theft $25,000 to $100,000.  This felony offense carries up to 10 years in prison upon conviction.  This also means that the conspiracy charge would carry the same 10-year maximum penalty as a common law offense.  Police are alleging that the total value of items stolen in Montgomery County was $49,000, with tens of thousands more in merchandise potentially being stolen in Washington and Anne Arundel County.  The investigation is still ongoing, and more charges may be in store for the individuals involved.

The Blog will continue to follow this case, and other similar theft schemes in Maryland.  Police all over the state are now well aware of the rampant pack theft trend, but there does not appear to be any specific law enforcement tactic to prevent these crimes other than old fashioned police work.  This means reviewing surveillance camera footage from the store and the surrounding streets, interviewing witness who may have seen identifying marks or tattoos on the suspects and performing a forensic evaluation of the scene.  Now that police arrested six suspects, they may be able to further link known associates to additional crimes, and we’ll post a follow up article if that becomes the case.  If you or a loved one have been charged with a crime contact Maryland theft lawyer Benjamin Herbst anytime for a free consultation.  Benjamin specializes juvenile criminal defense in Maryland, and has successfully argued for the dismissal or transfer of dozens of juvenile cases including robbery, burglary, handgun possession, attempted murder, carjacking and motor vehicle theft.  He handles cases in Montgomery County, Anne Arundel County, Baltimore and the entire Eastern Shore, and is available 7 days a week for a free consultation at 410-207-2598.

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police-850054_960_720-300x212New data from the Ocean City Police Department supports the contention that crime is steadily decreasing since all-time highs during the summer of 2021.  According to reports recently presented to the city’s Police Commission, 487 individuals were arrested this past June compared to 519 in 2022 and 773 in 2021.  Both drug and weapons arrests were down significantly to start this summer compared to the last two years, with just 59 people being arrested on weapons charges such as wear, transport or carry of a firearm and possession of a dangerous weapon.  Almost double the number of defendants were arrested and charged in 2021, with 111 in June of that year.  79 people were arrested on weapons charges in 2022, which further supports the steady decline.  As for drug charges, only 28 individuals were arrested for such crimes as possession not marijuana and possession with intent to distribute in Ocean City this past June compared to 78 in June of 2021.

Part of the decline could be attributed to the change in the Maryland marijuana laws, which in June of this year only permitted police to make a marijuana possession arrest if the suspect had more than 1.5 ounces.  Still, there were only 15 marijuana citations issued this past June compared to 142 in 2022 and 152 in 2021.  This shows that OC cops are largely ignoring simple possession of marijuana, and will now be forced to do so since legalization went into effect on July 1.  Police are still permitted to issue citations for smoking in public, but only 57 were issued last month compared to 352 last year.  It seems the police have been less inclined to enforce smoking in public laws due to the verbal and occasional physical disputes these citations can cause between law enforcement and the public.

Drinking in public and open container violations still carry jail time under local Ocean City law, but these cases have also gone down.  The department reported issuing 299 alcohol citations this past June compared to 406 and 648 issued in the past two Junes respectively.  Total local ordinance violations this June came in at 839 comparted to about 1,500 over the past two Junes.  Finally, calls for domestic assaults were down to 59 last month compared to 78 and 118 the past two Junes.  During a press conference at the town’s Public Safety Building next to the District Court on 65th Street, the police chief emphasized that his officers were not decreasing enforcement, but rather the public was increasing compliance.  There is no quantifiable way to test the voracity of this statement, and it certainly sounds better than the former.

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