Anyone who files their federal income tax return on the last available day understands that being “on time” in that context means different things in different years, depending on what day of the week April 15th falls on. Some immigrants may face similar concerns when it comes to filing certain…
Maryland Criminal & Immigration Lawyer Blog
The Constitutional Right to a Speedy Trial and Maryland Law’s ‘Hicks Rule’
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…
Recent Developments in Temporary Protected Status Litigation and Possible Alternatives to TPS
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…
Battery Upon a Close Relative and the Law of Provocation in Maryland Homicide Cases
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…
Deportation Cases, the Convention Against Torture, and the Proper Timing of Appeal Requests According to a New Supreme Court Ruling
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 Sixth Amendment’s Guarantee of a ‘Public’ Trial — and How It May Help You in Your Maryland Case
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…
Some Questions and Answers About the EB-5 Visa Program and the New ‘Gold Card’ Proposal
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…
When the State May — and May Not — Use Your Conviction History Against You in a Maryland Criminal Trial
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…
A Look at Maryland Search and Seizure Law… and How the Law Can Sometimes Mirror Sports
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…
Withholding of Removal, the Deportation of Kilmar Abrego Garcia, and the Difference Between Withholding and Asylum
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.…