Posted on June 13, 2008 in Handgun Offenses

Maryland Criminal Attorney – Maryland Criminal Lawyer – Baltimore Criminal Attorney – Baltimore Criminal Lawyer – I receive questions regularly by clients regarding Maryland handgun possession restrictions by people who have been previously convicted of a crime.

Under Maryland law there are basically two classes of citizens who are disqualified from owning or possessing handguns and subject to criminal penalties if they are convicted of being in possession of a firearm that is classified as a handgun. The first classification deals with person’s who have been convicted of either of a crime of violence or a felony drug charge. The following offenses are classified as crimes of violence in Maryland: Abduction, Arson in the First Degree, Assault in the First of Second Degree, Burglary in the First, Second or Third Degree, Carjacking and Armed Carjacking, Escape in the First Degree, Kidnapping, Voluntary Manslaughter, Murder, Rape in the First or Second Degree, Robbery, Robbery with a Dangerous Weapon, Sexual Offense in the First, Second or Third Degree, Attempts to commit any of these crimes and Assault with the Intent to Commit any of these crimes.

A person who is convicted of being in possession of a handgun having been previously convicted of any of these crimes or any felony drug or controlled dangerous substance offense is guilty of a felony and is subject to a mandatory penalty of five years incarceration. That sentence may not be suspended and the person is not eligible for parole. The second classification of persons who are prohibited from possessing handguns involves persons who have been convicted of a disqualifying crime which is defined, as any felony or any crime carrying a statutory penalty of more than 2 years. Also prohibited from possessing a handgun under this classification are fugitives from justice, habitual drunkards, persons who are addicted to or are habitual users of controlled dangerous substances, persons under 21 years old or persons under 30 years old who have previously been found delinquent of a criminal offense for an act that would be a disqualifying crime if committed by an adult, is a respondent against whom a current non ex parte civil protective order has been entered, suffers from certain mental disorders, is a participant in a straw purchase, is visibly under the influence of alcohol, or has not completed a firearm safety course if the weapon was purchased after January 1, 2002 subject to certain exemptions including law enforcement officials as well as members or prior members of the Armed Forces of the United States. Person’s found to be in violation of this provision of Maryland law are guilty of a misdemeanor and subject to a penalty of up to one year incarceration and a fine of $1000. Under Federal Law

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 Posted on June 10, 2008 in Surgery Malpractice

A Rhode Island man has been awarded $2 million due to allegations that he suffered brain damage because he did not receive proper care during open heart surgery at a Rhode Island hospital. The man alleged in his lawsuit that he got low amounts of oxygen to his brain during the 1998 operation.

These type of medcial malpractice cases can be catastrophic becuase of their severe and long-term consequences. As an attorney in Baltimore, I am frequently called upon to evalute whether there has been medical malpratice at two of the leading hospitals in the region, Johns Hopkins Hospital and the University of Maryland Medical System. They frequently perform some of the most cutting edge procedures known in medicine, including open heart surgery. Yet sometimes, these procedures have catastrophic results due to medical malpractice. When that happens, we investigate and pursue medical malpractice cases against Johns Hopkins and the University of Maryland Medical System. Over the years, we generally have been very successful in these cases.

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 Posted on June 10, 2008 in Armed Robbery

Maryland Criminal Attorney – Maryland Criminal Lawyer – Baltimore Criminal Attorney – Baltimore Criminal Lawyer – I had a client today who is 16 years old and is alleged to have committed a robbery with a knife. He is charged as an adult which was confusing and disturbing to both him and his parents. I explained to them that a juvenile can be charged as an adult in the first instance (that is original jurisdiction vests with the Circuit Court) if the person is charged with second degree murder, second or third degree sex offenses, second or third degree rape, most handgun charges, armed robbery, kidnapping, involuntary manslaughter, carjacking, first degree assault, attempted murder, robbery or rape or any other felony if the juvenile has been previously adjudicated as an adult. A child of the age of 14 or 15 will also be charged in the first instance as an adult if he or she is charged with an offense which carries either life imprisonment or the death penalty if committed by an adult which includes first degree murder, first degree rape or sexual offense or any attempts of these offenses. Also in any other case a 15 year old can be tried as an adult if the court grants the State’s motion for waiver of jurisdiction. The State will sometimes file these motions for cases of possession with the intent to distribute cocaine, heroin, marijuana or other drugs or other felonies if the juvenile has a particularly bad record. Once this motion is filed the court will order the Department of Juvenile Services to conduct a study of the juvenile and will make it’s determination as to whether to order the case to be transferred to the adult system based on five factors: the age of the child, the mental an physical condition of the child, the child’s ameniability to treatment, the nature of the offense and the child’s participation in it and the public safety.

In my case today, my client was charged with both armed robbery and first degree assault so he was charged as an adult. I explained to my client that this does not necessarily mean that the case will remain in the adult system. I will file what is known as a reverse waiver motion in the circuit court. Once this motion is received, the court will order that the Department of Juvenile Services Conduct the same study as in the case of a State’s waiver motion. The court will then make a determination as to whether to retain jurisdiction in the adult system or to remand or transfer the case to the Department of Juvenile Services based on the same factors as the court uses in State waiver motions.

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 Posted on June 10, 2008 in Controlled Dangerous Substances (CDS)

Having been an active Baltimore criminal defense lawyer for 18 years, I have represented over 4000 criminal defendants charged with felony drug (CDS) crimes in Baltimore City Circuit Court. I have come to realize that the vast majority of drug cases in Baltimore fall into three categories: 1) hand-to-hand, 2) dropsy, and 3) search and seizure.
Hand-to-hand cases involve the Baltimore police observing a drug transaction between two or more criminal defendants. When defending these cases, experienced criminal defense lawyers look to see if the alleged seller has any drugs or money on his person. Also, if the “buyer” is not arrested, Baltimore city jurors are very skeptical that a crime has been committed.

The second type of common theme for drug cases in Baltimore City are what I term as “dropsy” cases. In these types of cases, the Baltimore City police will charge someone with throwing or dropping a bundle of drugs. In my experiences, Baltimore police often charge criminal defendants in this way because it prevents the defense attorney from moving to suppress the drugs. Under Maryland constitutional criminal law, a lawyer can not move to suppress his client’s property if it has been abandoned.

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 Posted on June 10, 2008 in Breathalyzer

I recently defended a DUI case in the District Court in Baltimore, Maryland. My client had an acceptable performance on the field sobriety tests, but when he took the breathalyzer he “blew” a .23. The legal limit in Baltimore and Maryland for drunk driving (DUI) is .08. This was almost three times the legal limit. The case was dismissed, however, when it was pointed out that the Baltimore City Police breath technician did not give the defendant the breath test within two (2) hours from the time of the stop.

In Maryland, the traffic code requires that the breathalyzer test be given with two hours from the stop or it is deemed inadmissible. A knowledgeable Maryland drunk driving lawyer is trained to spot drunk driving defenses such as these. Your lawyer can make all the difference in the world in defending many drunk driving cases that appear hopeless. Silverman, Thompson, Slutkin and White has defended thousands of drunk driving cases in Baltimore and the State of Maryland.

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 Posted on June 09, 2008 in Maryland Criminal Procedure

Maryland Criminal Defense Attorney – Maryland Criminal Defense Lawyer – Baltimore Criminal Attorney – Baltimore Criminal Lawyer – Drug Offenses, Assault, Domestic Violence, Sex Offenses, Rape, Armed Robbery, Murder – These are just a few of the offenses wherein an experienced criminal attorney in Maryland may choose to file a Not Criminally Responsible (NCR) plea, commonly known as an insanity plea. A story in the Baltimore Sun today got me thinking about NCR pleas.

It is really more of a puff peace on the presiding judge, Emory Plitt, of the Harford County Circuit Court, but the article briefly discusses the NCR plea in the context of a strangulation murder by a DOC inmate of another inmate while on a bus enroute to court. If NCR is plead in a given case the defense will have to show that by reason of mental disorder or retardation, the defendant, lacks substantial capacity to appreciate the criminality of his conduct or conform his conduct to the requirements of the law. The first step in the process will be for the court to order an evaluation of the defendant by the State Department of Health and Mental Hygene. The defense may also arrange for psychiatric professionals of their choosing to evaluate the defendant as well. Not criminally responsible is an extremely high standard under which infamous serial killers such as Jeffrey Dahmer have been found to be criminally responsible. At the same time the determination is made as to criminal responsiblility, an independent determination will be made as to whether or not the defendant is competent to stand trial. The definition for competency is whether or not the defendant is capable of understanding the nature and object of the proceedings against him and is capable of assisting in his own defense. If a defendant is found to be incompetent or not criminally repsonsible then he will be committed to the Department of Health and Mental Hygene where he will be housed indefinitely in a facility for the mentally ill. If the finding is one of incompetency the defendant can only be brought to trial if he is later found to be competent by the court. In the case of a not criminally repsonsible finding the defendant can only be released if a court determines at a hearing in the future that the person no longer represents a danger to himself or others. The defendant bears the burden of proving that he is no longer a danger to himself or others by a preponderance of the evidence.

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 Posted on June 06, 2008 in Extradition

Maryland Criminal Attorney – Maryland Criminal Lawyer – Baltimore Criminal Attorney – Baltimore Criminal Lawyer – There is an interesting case in the Baltimore Sun today that brings up a topic that I deal with regulary that almost no one, including most attorneys really undestands – extradition. An experienced Maryland criminal attorney should be well versed in the laws and procedures involved in extradition, which is the legal process by which someone who is wanted in a particular state is brought back to that state when they are captured in another.

Unfortunately, as I said, most lawyers are not well versed in extradition law. Not only that, but more often than not people wait until it is too late to consult an attorney. When a person is captured in a state other than the one in which he or she is wanted, that person will be held on what is called a fugitive warrant. The person will brought in front of a judge or a magistrate, usually within 24 hours of his or her arrest. At this hearing, the person will be told that he or she is wanted in another state, in this example Maryland, and asked if he wishes to challenge or waive his extradition to Maryland. It is critical that a defendant or his or her family contact an experienced criminal attorney prior to this hearing because if the wrong decision is made, the person may not be entitled to bail. In Maryland if a person waives his extradition then he is not eligible for bail. It seems counterintuitive but if a defendant in Maryland elects to challenge his extradition, then he is eligible for bail. Bail is granted frequently particularly when the offense is a relatively minor and non-violent one. If the defendant is granted bail then he has the option of returning to the state in which he is wanted to turn himself in, thereby avoiding the entire extradition process. This is significant because extradition, even when it is waived can take up to 10 days or even 2 weeks during which time the person is held in the local jail or detention center without bail. In many cases the person unecessarily spends this time in jail for a case in which he is unlikely to be incarcerated, even if he is ultimately convicted. Most States have similar procedures and rules concerning extradition and if and under what circumstances the person is entitled to bail, but there are differences. That is why it is crucial to consult with an experienced criminal attorney prior to the initial fugitive hearing at which a defendant will be asked to make the decision as to whether to waive or challenge extradition.

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 Posted on June 05, 2008 in Out of State Offenders

Maryland DUI Attorney –Maryland DWI Attorney – Maryland Drunk Driving Attorney – Baltimore DUI DWI Lawyer – Baltimore Drunk Driving Lawyer – I have received many questions from people from out of state who have been charged with either DUI, DWI or both here in Maryland. As a former prosecutor (or Assistant State’s Attorney as they are known in Maryland) and a full time criminal defense attorney specializing in DWI and DUI law for the past 15 years, I have handled thousands of these cases. I will briefly explain the criminal and motor vehicle administrative consequences of receiving a DWI or DUI in Maryland but please feel free to contact me for a free consulation that will include a more thorough explanation as well as a review of the specific facts and circumstances of your case. Brian Thompson

The questions invariably concern the procedures and possible sanctions in both the DUI, DWI criminal proceeding in District Court as well as the possible sanctions that will be levied against the person’s privilege to drive. One of the most common questions I receive is whether or not the person will have to return to Maryland or if the attorney can appear in court on the person’ behalf. In Maryland the defendant must appear in court for the trial of the DUI or DWI. In some states a lawyer can appear on behalf of the defendant but that is not the case in Maryland. For a first offender the possible penalties that can be imposed range from a $500 fine up to a one year prison sentence or a combination of fines and incarcertation. A person may also be required to serve a period of supervised probation which can be transferred under some circumstances to the person’s home state. If a person has been previously convicted of a DUI or a DWI in Maryland or any other state the penalties can be increased or enhanced as it is termed in Maryland to a maximum of a three year prison term. Is some cases a first offender or even a subsequent offender may receive what is called probation before judgment. In this disposition the court withholds the guilty finding and places the person on a period of probation which is usually supervised. The primary benefit of this outcome is that the DUI or DWI will not appear on the person’s motor vehicle record and therefore does not have to be disclosed on most backround checks for employment or other purposes and cannot be used against the person by their insurance company to justify a rate increase or the denial of insurance. Regarding sanctions by the motor vehicle administration, a person with an out of state license will be subject to a suspension of their privilege to drive in the state of Maryland if they refuse the breath test, have a reading of above .08 or more or are convicted of a DUI or DWI in criminal court. Under most circumstances this information will also be transmitted back to the motor vehicle administration of the person’s home state where they may also be sanctioned.

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 Posted on June 04, 2008 in Maryland State Crimes

Maryland Criminal Defense Attorney who represented a man in the Howard County determined that under Maryland Criminal Law his client in Howard County murder case was guilty of being an accessory after the fact to murder. In the case which is featured in the Baltimore Sun today. A Maryland Criminal Defense Lawyer determined that the fact that his client drove the killer to an apartment the day after he claimed he had killed someone and purchased bleach for him to wash his clothes were sufficient to convict him of being an accessory after the fact to the murder he committed.

This case illustrates the proposition that one does not have to actually participate in the actual commission of a crime to be guilty of being an accessory to it. The classic example is the getaway driver in a bank robbery being guilty of first degree murder if he co-conspirators kill someone while carrying out the robbery. The driver of the getaway car in this hypothetical is guilty of first degree felony murder even if he never touched a weapon or entered the bank and even if his co-conspirators promised him nobody would be hurt.

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 Posted on June 04, 2008 in Medical Malpractice Law in Maryland

Under Maryland Rule 2-501(a), summary judgment is only appropriate where there is no dispute of material fact and the moving party is entitled to judgment as a matter of law. Therefore a motion for summary judgment should be denied where the opposing party has shown that “there is a genuine dispute as to a material fact by proffering facts which would be admissible as evidence.” Beatty v. Trailmasters Products, Inc., 330 Md. 726, 737 (1993). “A material fact is a fact the resolution of which will somehow affect the outcome of the case.” Carter v. Aramark Sports and Entertainment, 153 Md.App. 210, 224 (2003) (quoting Sterling v. Johns Hopkins Hosp., 145 Md.App. 161, 167 (2002), cert. denied, 371 Md. 264 (2002)).

“When ruling on a motion for summary judgment, a court must view the facts, including all inferences drawn therefrom, in the light most favorable to the opposing party.” Carter, 153 Md.App. at 224, (citing Sterling, 145 Md. App. at 168, quoting Jones v. Mid-Atlantic Funding Co., 362 Md. 661, 676 (2001)). “The moving party bears the burden of establishing the absence of a genuine issue of material fact.” Carter, 153 Md.App. at 224, (citing Sterling, 145 Md.App. at 168, citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970)), therefore the Defendant must show the absence of disputed facts. Furthermore, the standard is such that the trial court is not to draw inferences in favor of the moving party. Rather, if the facts are undisputed, but these facts “are susceptible of more than one permissible inference, the choice between those inferences should not be made as a matter of law.” Carter, 153 Md.App. at 225, (citing, Porter v. General Boiler Casing Co., 284 Md. 402, 413 (1979), quoting Fenwick Motor Co. v. Fenwick, 258 Md. 134, 138 (1970)).

For more information about summary judgment in Maryland, please contact Maryland Super Lawyer and adjunct professor Andrew G. Slutkin.

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