In many criminal matters that make it to trial, the difference between an acquittal and a conviction is which side’s witnesses the jury finds more believable. To ensure you have the benefit of a fair trial, the law forbids the prosecution from doing or saying certain things that would tend…
“A violation of your Fourth Amendment rights.” People often associate this phrase with an impermissible search without a warrant, but that’s not the only scenario. An arrest itself can be a constitutional violation if the foundation underlying the arrest warrant isn’t adequate to establish probable cause. Whether you’re under suspicion…
In a Maryland criminal trial, a jury should only convict the accused if the prosecution has presented evidence proving the accused’s commission of that specific crime beyond a reasonable doubt. Often, the people on trial are folks without spotless records; they may have had multiple prior encounters with the criminal…
When you’re accused of a crime, achieving a successful result may involve many procedural steps. These could include things like pretrial motions (such as a motion to suppress illegally obtained evidence,) in-trial objections (such as opposing the admission of inadmissible hearsay evidence,) post-trial motions, and appeals. To ensure that your…
The rules of evidence say that a party may not use hearsay to prove their case (or disprove the other side’s case,) unless that hearsay evidence falls within one or more of several exceptions laid out in the rules. Parsing these exceptions — and keeping potentially harmful evidence that falls…
Earlier this week, Maryland’s highest court issued a new opinion that made national headlines. The decision imposes necessary new standards on how prosecutors in this state can (and cannot) use ballistics experts. This ruling potentially represents a major aid for people in Maryland who stand accused of crimes involving guns.…
Often, this blog focuses on some sort of success for an accused person, like getting crucial evidence suppressed because the search that yielded it was unconstitutional. Sometimes, though, matters that end with unsuccessful – and even unjust – outcomes deliver the most important lessons, like one recent assault case from…
Television has popularized and glamorized the work of police crime lab workers. However, just like the actors on your favorite crime scene investigation shows, workers in real-life police crime labs come and go. This means that, sometimes, the person who creates a DNA analysis report may not be the one…
Sometimes, in interacting with law enforcement, you may make mistakes. Maybe you said something you shouldn’t have. Maybe you gave the police consent to search when you should’ve declined. Be aware that, even if you made a tactically less-than-ideal choice, there often are still ways to mitigate the damage and…
For many people, “let’s meet up for a drink” is a frequent first-date proposal. Mixing alcohol and dating may be common but also presents risks, particularly when it comes to sexual contact and disputes regarding consent. If you find yourself facing charges for something that was actually a consensual sexual…