Maryland Criminal & Immigration Lawyer Blog

The Constitutional Right to a Speedy Trial and Maryland Law’s ‘Hicks Rule’

August 18, 2025 | by Anthony A. Fatemi, LLC

The Sixth Amendment to the U.S. Constitution guarantees many rights to criminal defendants, including a speedy and public trial. Maryland’s Declaration of Rights also guarantees a speedy trial, and state law has specific procedural safeguards in place to ensure an accused person receives a speedy trial. When the state fails to meet its obligations to try a case within the required timeframe, the accused person may be entitled to a dismissal of all charges. If you are facing charges or under suspicion and you have questions about your speedy trial rights, be sure to get reliable answers by speaking to an experienced Maryland criminal defense lawyer.

Generally speaking, Maryland criminal defendants are entitled to a trial that takes place within 180 days of the date an attorney makes an appearance on behalf of the accused or the date that the accused first appears in court. This 180-day requirement is known as the “Hicks rule,” based on the 1979 case of State v. Hicks.

On its surface, this might sound very black-and-white and cut-and-dried. In reality, it often is not, as a recent shoplifting case from Queen Anne’s County illustrates. The reality — that Hicks rule cases may be nuanced and complex — should serve as a reminder of the importance of knowledgeable legal counsel.

Recent Developments in Temporary Protected Status Litigation and Possible Alternatives to TPS

July 31, 2025 | by Anthony A. Fatemi, LLC

As a part of its overall set of immigration policies, the Trump Administration has sought the termination of temporary protected status (TPS) for immigrants from several countries. Earlier today, a federal court in California issued an order stopping that termination… for now. Immigrants from the affected countries should be aware that litigation is ongoing and orders that keep TPS in place are not final. Immigrants should consider alternative options, including obtaining status by another means. If you are currently someone under TPS, you should contact a knowledgeable Maryland immigration lawyer to discuss what steps you can take to protect yourself.

Currently, a group called the “National TPS Alliance” has undertaken two federal lawsuits in California. At the same time, the Haitian Evangelical Clergy Association has initiated one action in a New York federal court. These lawsuits against the Department of Homeland Security oppose Trump Administration initiatives to cut off TPS for immigrants from various countries that include Haiti, Venezuela, Honduras, Nicaragua, and Nepal (among others).

Earlier today, a federal district court in California ruled against the administration’s effort to cut off TPS for Nicaraguans, Hondurans, and Nepalese. The administration had slated TPS for immigrants from those countries to end on August 5 (Nepal) or September 8 (Honduras and Nicaragua). The judge’s order postpones termination until at least November 18, when the court will convene another hearing.

Battery Upon a Close Relative and the Law of Provocation in Maryland Homicide Cases

July 18, 2025 | by Anthony A. Fatemi, LLC

A 2022 front-yard fight in Baltimore left one man dead and another on trial for murder. The ensuing case and appeal have broken important new ground in Maryland law, clearly recognizing for the first time that a substantial battery on a close relative may constitute the sort of necessary provocation to turn a possible case of murder to one of voluntary manslaughter. When you are facing charges, these differences — such as between murder and voluntary manslaughter — are often massive, so understanding how to use defenses like hot-blooded response to provocation is crucial. Whatever potential defenses your case may present, an experienced Maryland criminal defense lawyer can help in putting forth the strongest possible case.

Based on that shooting in Baltimore, the state put Theodore on trial for first-degree murder. Neither side disputed that Theodore pulled a gun and shot William in the upper body, causing his fatal injuries.

The case focused not on the shooting itself but the events that led up to that fatal gunshot. Before the shooting took place, an argument began that eventually embroiled Theodore’s wife and William. At one point in the dispute, William punched the wife hard enough that it broke her glasses and knocked her momentarily unconscious. Later in the quarrel, William punched the woman in the face a second time, hitting her hard enough to knock her glasses off her face again. Enraged, Theodore shot William once in the chest, killing him.

Deportation Cases, the Convention Against Torture, and the Proper Timing of Appeal Requests According to a New Supreme Court Ruling

June 30, 2025 | by Anthony A. Fatemi, LLC

Immigration law, particularly that subset dealing with deportation, is a complex area that involves numerous procedural steps, filing requirements, supplemental documentation, and deadlines. Coming up short in any area may be fatal to your case and lead to your deportation, so the stakes are extraordinarily high. To ensure you receive the benefit of all the protections the law allows, you owe it to yourself to retain an experienced Maryland deportation defense lawyer to handle your case.

A recent U.S. Supreme Court case shows how complicated and confusing procedural issues related to deportation can be, especially when the immigrant alleges a fear of torture.

The individual at the center of the case, P.R., was a Jamaican man who entered the U.S. on a tourist visa in 1995 and remained in the country after the visa expired. The Department of Homeland Security took the man into custody in January 2021 and issued a final deportation order later that month.

The Sixth Amendment’s Guarantee of a ‘Public’ Trial — and How It May Help You in Your Maryland Case

June 16, 2025 | by Anthony A. Fatemi, LLC

Sometimes, the key to a successful acquittal (or, in some matters, a successful reversal of a conviction) may have nothing to do with the facts of your case or the law of the crime charged. Your assault case may come down to things wholly unrelated to who struck whom with what and have no connection to the law of assault in Maryland. Many times, these issues relate to whether the police, the state, or the court violated your constitutional rights. Protecting your constitutional rights is one of the essential things a defense attorney can do for you when you are suspected or accused of a crime. So, whether you are being questioned or being tried, make sure you have an experienced Maryland criminal defense lawyer working for you.

Often, these violations relate to the rights protected by the Fourth Amendment. As a Silver Spring robbery case shows, your Sixth Amendment rights may also be vital to a successful appeal.

The Silver Spring case involved two men who allegedly robbed D.B. at gunpoint. The state tried both robbers together. As the trial began in Montgomery County in 2014, the judge decided to close the courtroom during the jury selection process. The judge made this decision “due to space limitations,” although the lawyers for both accused men stated their opposition to the closure.

Some Questions and Answers About the EB-5 Visa Program and the New ‘Gold Card’ Proposal

May 30, 2025 | by Anthony A. Fatemi, LLC

Investor immigrants have, for many decades, had one primary pathway to permanent residency — the EB-5 visa. Recent statements from the Trump Administration indicate that this may change soon. The creation of new visas could mean new options and a need to adjust how one pursues permanent residency. If you are seeking to obtain a visa via the investment route, having a skilled Maryland investor visa lawyer advising you is vital… now more than ever.

On February 25, President Trump stated that the federal government planned to offer a new route to permanent resident status for investors. It is called the “Gold Card,” and it would offer lawful permanent resident status and the potential to achieve citizenship in exchange for a $5 million sum.

On May 21, Newsweek reported that the website for seeking Gold Cards would launch within “a matter of weeks.”

When the State May — and May Not — Use Your Conviction History Against You in a Maryland Criminal Trial

May 9, 2025 | by Anthony A. Fatemi, LLC

Many people facing a criminal trial have a history with the system. Often, prosecutors want to use that criminal history to bolster their case. The fact that you have a criminal past does not prove that you committed a specific crime, and, recognizing that, the law substantially limits when the state can use your past criminal violations in your current case. If you have a criminal history and are currently facing charges, an experienced Maryland criminal defense lawyer can provide essential aid in protecting your right to a fair trial.

Take, for example, the criminal trial of S.M. from Baltimore. After S.M. fled from Baltimore police detectives who questioned him about a nearby car, the detectives opened the vehicle and found a loaded handgun. The state brought criminal charges because the man was disqualified from possessing a firearm.

In the gun case, the prosecution wanted to present to the jury evidence that, in 2017, the state convicted the man of possessing a large amount of drugs in violation of Section 5-612 of the Criminal Code.

A Look at Maryland Search and Seizure Law… and How the Law Can Sometimes Mirror Sports

April 23, 2025 | by Anthony A. Fatemi, LLC

This blog devotes a lot of space to the suppression of evidence before a trial of an accused person. That is because warrantless searches that violate your Fourth Amendment rights occur frequently, and the inclusion or exclusion of the evidence the police obtained in an illegal search or seizure may represent the difference between a conviction or an acquittal (or dismissal) of the charges against you. Given the importance of these arguments, it pays to ensure you have an experienced and effective Maryland criminal defense lawyer on your side when facing drug or weapons charges.

Take, for example, a recent evidence suppression case from Prince George’s County. The evidence the police obtained during a vehicle search was inadmissible at trial because the police lacked an appropriate basis for searching the interior of the defendant’s car.

In reaching that conclusion, the Appellate Court helpfully laid out some “ground rules” for what is — and what is not — a legal vehicle search. The court’s recitation of the law serves as a notable reminder of two things:

Small details (and differences) can matter a great deal in a search-and-seizure case, and
Search-and-seizure law concepts can sometimes be analogized to sports.

Withholding of Removal, the Deportation of Kilmar Abrego Garcia, and the Difference Between Withholding and Asylum

April 9, 2025 | by Anthony A. Fatemi, LLC

People across Maryland and around the country have followed with ever-increasing closeness the deportation case of Prince George’s County resident Kilmar Abrego Garcia. The case has brought several aspects of immigration law into the public eye. Most people are familiar with some of the terminology; other terms are likely new. While the issues surrounding this man’s deportation raise many important and unsettled questions, the controversy shows clearly that immigration matters can be complicated, intricate, and multi-layered. That is why, if you are facing deportation or other immigration action, you need a Maryland immigration lawyer on your side who possesses a complete and in-depth understanding of all aspects of immigration law.

Two of those terms are “asylum” and “withholding of removal.” People outside the community of immigration lawyers are more likely to be familiar with the former than with the latter. Today, we will examine both in some detail to help clarify the differences between them.

Asylum

Asylum specifically refers to a form of protection the U.S. grants to non-citizens who cannot return to their country of citizenship because doing so would place them at risk of persecution. To secure asylum, a non-citizen (or their attorney) must persuade an immigration judge not only that they fear persecution if returned to their country of citizenship, but that their fear is a “well-founded” one. A person may seek (and obtain) asylum whether they are documented or undocumented.

The Process of Voir Dire and Discovering Potential Jurors’ Biases for the Prosecution or Against the Defense

March 27, 2025 | by Anthony A. Fatemi, LLC

A criminal trial in Maryland is always a monumentally stressful situation, as your freedom often is on the line. One way to ensure you receive justice is to maximize the fairness of your trial, and one way to do that is through juror selection. Effectively executing the juror selection process helps ensure that the jury that decides your fate is impartial. Juror selection is one of the many settings — before, during, and after trial — where having a skilled Maryland criminal defense lawyer is vitally important.

A common problem accused people and defense attorneys face is the tendency among some prospective jurors to associate witnesses for the state (like police officers and experts testifying for the prosecution) with integrity and credibility and connect witnesses for the defense with untrustworthiness. Identifying and excluding those potential jurors is crucial to a fair trial and a successful defense.

That element of juror selection was central to a recent felony case from Baltimore. The defendant, R.A., was on trial for shooting a man during a June 2022 party at the city’s Inner Harbor. The state put him on trial for the shooting in 2023.