Posted on May 26, 2009 in Federal Criminal Defense

The federal criminal sentencing has changed dramatically since the landmark case of United States v. Booker in 2005. Federal criminal defense attorneys have significantly more room for creativity and advocacy. Federal Judges are no longer handcuffed by the Federal Sentencing Guidelines. For decades decades the power in sentencing, and most federal prosecutions, rested with the prosecutor. Booker has shifted the stables-somewhat, in favor of the criminal defense lawyer and given Federal Judges a more “human” role at sentencing.

18 U.S.C. § 3553(a) in light of United States v. Booker, 543 U.S. 220 (2005) requires the Court to fashion a sentence “sufficient but not greater than necessary” to achieve the statutory purposes of punishment. In Booker, the Supreme Court restored this Court’s ability to fashion a sentence tailored to the unique circumstances of each case and each criminal defendant by requiring courts to consider factors other than the sentencing range prescribed by the United States Sentencing Guidelines. Thus, although the Federal Judge still must take the Sentencing Guidelines into account, Booker rendered the Sentencing Guidelines advisory. See Gall v. United States, 128 S. Ct. 586, 594 (2007); United States v. Pauley, 511 F.3d 468 (4th Cir. 2007). The sentencing guideline range is not binding on the Court, but is only one of several factors in §3553 (a) to be considered in determining the sentence. Booker, 543 U.S. at 258-60.

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 Posted on May 11, 2009 in Uncategorized

As a Baltimore Maryland Criminal Attorney, I receive inquiries on a daily basis by people who want to have their criminal records expunged. Unfortunately, most of the people who contact me for this purpose are dissapointed to hear that they cannot have their records expunged. The rules in Maryland are relatively straightforward although they have been modified slightly a few times in recent years.

The first thing that everyone who is considering expungement needs to understand is that if the case at issue resulted in a criminal conviction, whether it be for a misdemeanor or a felony, that conviction is permanent and cannot be expunged from that person’s record without a pardon from the Governor. As I said, many people are extremely surprised and dissapointed to hear that they do not qualify for expungement even in cases in which the conviction was for a misdemeanor and occurred 15 or 20 years in the past, but that in fact, is the law in Maryland.

In Maryland, There are 6 possible dispositions of a criminal case that will entitle a person to have his record expunged either immediately or after a period of 3 years.

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 Posted on May 06, 2009 in Domestic Violence

Ever since the OJ Simpson verdict (the first one) Maryland Criminal Attorneys and criminal attorneys across the nation have seen a steady increase in the number of domestic violence cases charged as well as substantial increase in the vigor with which these cases are prosecuted. It seems that no prosecutor or judge wants to be asked “why didn’t you do something when you had a chance?” after an alleged domestic violence victim is killed in a subsequent incident.

Not only are prosecutors pursuing these cases with ever increasing vigor, they are also charging many of what used to be considered routine or garden variety misdemeanor cases as first degree felony assaults or even as attempted first degree murder cases. Many of these cases are charged this way based simply on the allegations of the complaining witness are without any medical evidence to corroborate the allegations. An allegation that a victim was choked or strangled can cause a case such as this to be charged as a felony. I have had three such cases in the last year, two are which are still pending.

After the OJ Simpson verdict (the first one) virtually every District Attorney or State’s Attorney’s Office in the country started special domestic violence units to screen and prosecute these cases. Prior to this shift what would typically occur is that a police officer would respond to a domestic incident and either make an arrest or provide the alleged victim with a police report number as well as a document detailing the procedure for filing a criminal complaint. It would in the second instance be up to the alleged victim to go to the court commissioner to file charges. In the absence of very serious injury (which is, of course, what the felony assault statute requires or in the alternative, an attempt to cause serious injury) these cases would be charged in the District Court as misdemeanors.

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 Posted on April 21, 2009 in Maryland State Crimes

Maryland Criminal Attorneys are often called upon to represent represent women charged with prostitution. Today, I defended a young women who was charged with solicitation for the purpose of prostitution after a police officer answered the advertisement that she had posted on Craigslist. Ordinarily I wouldn’t blog about such a common and unremarkable case, but the case took on added significance to me in light of the Craigslist murder case in Boston that is receiving national and international attention.

The Boston Craigslist murder case reminded all of us who work in the legal profession just how much risk these girls undertake when they agree to have sex with strangers for money whether they advertise on the internet or stand on the street corner. Indeed the judge today commented at length on that issue during the sentencing phase of the case and specifically referenced the Boston murder case.

As I said, the case I had today was a garden variety prostitution case. My client posted an advertisement on Craigslist stating that she was “19 looking for safe fun..it’s 150 for one time 250 for 2 times”. A Baltimore County Police Detective contacted the cell number that was provided in the ad posing as a customer or a “John”. My client wouldn’t talk over the phone but invited him to her apartment to discuss and carry out the arrangement. About an hour later the detective arrived at her apartment and produced $250 in departmental funds. Prior to giving my client the money he asked her if she would do “anal” and she said no. She told him she would perform oral sex on him for the money and he agreed and handed her the money. At that point he signaled for the arrest team who came into the apartment and placed her under arrest.

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 Posted on April 14, 2009 in Internet Crimes

As a Maryland Criminal Attorney, I often represent people charged with Internet crimes such as solicitation of a minor for the purpose of engaging in sexual activity. I was recently retained in such a case in Baltimore County Circuit Court wherein my client is charged not with soliciting a minor on the Internet, but instead with soliciting an undercover detective posing as a minor. These types of cases have become priorities for state and federal authorities in recent years and are taken very seriously. My client has been offered a plea bargain wherein the state would seek five years in prison. My client has been advised that if he fails to accept this plea agreement he will be indicted federally where he will face a mandatory 10 year, non-parolable sentence if convicted. To further complicate matters, my client is a foreign national who is married to an American citizen and has two American born children. Although he does have a green card, he never bothered to become an American citizen and is thus subject to deportation should he be convicted.

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 Posted on March 26, 2009 in Personal Injury

When representing a client who my have a potential claim for personal injury against the State of Maryland, Maryland personal Injury lawyers must place the state on proper notice within six months of the incident. Failure to do so could bar any recovery under Maryland law.

Although the doctrine of sovereign immunity generally precludes an action for damages against the State of Maryland, its agencies, or officials, the Maryland Tort Claims Act (MTCA) provides for waiver of that immunity in cases of “tortuous acts or omissions committed within the scope of the public duties of state personnel, and committed without malice or gross negligence.”

The MTCA requires that the injured individual “may not institute an action . . . unless: (1) the claimant submits a written claim to the Treasurer or a designee of the Treasurer within 1 year after the injury to the person . . . ; (2) the Treasurer or designee denies the claim finally; and (3) the action is filed within 3 years after the cause of action arises.” MD. CODE ANN., STATE GOV’T § 12-102
In addition, the notice requirement provides the State with early notice of a potential claim, which allows the Treasurer, upon receipt of timely notice, to . . . consider[] the fiscal consequences of the claim, and then decide[] which of several options to pursue. As a result of the early notice required under the MTCA, the Treasurer also has “the opportunity to investigate the claims while the facts are fresh and memories vivid, and, where appropriate, settle them at the earliest possible time.

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 Posted on March 13, 2009 in Automobile Accident

The Baltimore Sun is reporting a man driving a Lexus crashed into the rear of a slow moving van this morning on Interstate 97 near Crownsville. The crash sparked a fire that consumed both vehicles. One person was killed.

The driver of the Lexus, Joseph Romano and his passenger were able to escape their vehicle. Only one of the occupants of the Chevrolet van was able to escape. The survivors were transported to Maryland Shock Trauma Center for treatment for not life-threatening injuries. Police have not disclosed the name of the person pronounced dead at the scene.

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 Posted on March 10, 2009 in Juvenile Causes

As a Maryland criminal defense lawyer, I am often asked by parents whether they can be held financially responsible for the crimes of their children. The answer is YES. MAryland Juvenile Courts have the authority to order up to $10,000.00 in restitution to victims as part of any disposition. If the court finds, for example, that a person’s property was damaged, stolen or destroyed because of a minors delinquent act, the minor and the parents can be held on the hook for up to $10,000.00. This award may include other types of restitution such as the victim’s medical bills in an assault or battery case, or even funeral expenses.

For more information, please contact our criminal lawyers for a complimentary consultation.

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 Posted on March 10, 2009 in Juvenile Causes

In Maryland Juvenile Court, in an effort to “soften” the blow to minors. Different terms are used to describe the process. In juvenile criminal court, a defendant is a “respondent”. The Charging document is a “petition” not an “indictment”. Juveniles do not get tried, rather they have an “adjudicatory hearing”. If found guilty, the minor is not convicted of a crime but rather is “found delinquent”.

If a child is found delinquent, the child is either supervised for a probation period, or committed (not incarcerated) to the department of Juvenile Services. Because the term incarceration is taboo in the juvenile system, the commitment is reviewed regularly by a judge.

For more information, or a free consultation, please contact the Maryland criminal lawyers of Silverman, Thompson, Slutkin & White, LLC. or call Steve Silverman at 410-385-2226.

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 Posted on March 10, 2009 in Juvenile Causes

Maryland’s Juvenile Courts handle cases involving most minors-youths who are under age 18. The court has jurisdiction even if the youth turns 18 before the case is adjudicated, and jurisdiction continues until the age of 21. In some instances, cases can start in adult criminal court and wind up in juvenile court. Cases involving children 16 years old or older charged only with traffic violations that do not carry a possible penalty of incarceration are not heard in Juvenile Court. These cases are heard on the regular traffic docket in District Court. Cases involving children 14 or older who are charged with an offense that if committed by an adult is punishable by death or life imprisonment go directly to criminal court. These cases are heard on the regular Circuit Court docket.

Certain cases involving serious charges against children 16 and older, including murder, rape, kidnapping, armed robbery, carjacking, certain hangun violations and certain sexual offenses, also go to criminal court. Such cases can be transferred from criminal to Juvenile Court, and there are also provisions to allow certain juvenile cases to be transferred to criminal court.

Cases in Juvenile Court fall primarily within these categories:

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