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Articles Posted in Appellate Court Rulings

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When You Should — and Probably Shouldn’t — Answer a Doctor, Nurse, or EMT’s Questions About Your Maryland Criminal Case in the Presence of a Law Enforcement Officer

Sometimes, law enforcement officers engage in clever maneuvers to get suspects to talk and provide information that incriminates them. There are certain ways to avoid falling into these traps. One is to make sure that you avoid making a statement to — or in the presence of — an officer…

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When the Prosecution Can — and Can’t — Use Your Prior Bad Acts Against You as Part of a Maryland Criminal Trial

A lot of people who face criminal charges have, at some point in the past, had interactions with the criminal justice system. However, when you’re on trial, the law requires that the state build a case against you based on the crime charged, not on whether or not you did…

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A Trial Judge’s Failure to Give a Defendant a Chance to Present Evidence of Mitigation Leads the Maryland Court of Appeals to Toss the Man’s 40-Year Sentence

In a criminal case, it’s not always getting an acquittal. Sometimes, that outcome simply isn’t “in the cards.” Even when it’s not, you still need the right Maryland criminal defense lawyer on your side to protect your rights and ensure you get justice. Even if a conviction is unavoidable, it’s…

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Challenging the Jury Selection in Your Maryland Criminal Case, and How to Avoid Inadvertent Waivers of Your Legal Options

In 2000, an American rock band achieved international commercial success with a song entitled “All the Small Things.” The song saluted the many small things the songwriter’s partner did that were integral to fostering the relationship’s success. A successful criminal defense, much like a successful friendship or couples relationship, is…

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Juvenile Suspects, Police Interrogation, and When a Confession is (Or Isn’t) Voluntary Under Maryland Law

For an agreement to be legally binding, certain things must be true. Generally, both sides must have agreed to the agreement’s terms knowingly and voluntarily, free from improper coercion, duress, or fraud. That’s true whether you’re entering into a commercial sales contract, a marital settlement agreement, a plea deal, or…

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What Maryland Prosecutors Can — and Can’t — Say During Your Trial About Your Invoking Your Right to Silence

Most people are aware that the Constitution gives criminal suspects the right to remain silent or to refuse to speak to the police. When a suspect tells the police “I’m not saying anything” or “I’m finished talking,” he’s invoking his constitutional rights. What you may not immediately realize, however, is…

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When a Police Stop in Maryland is — and Isn’t — Consensual, and What that Difference Means for Your Fourth Amendment Rights

As we noted earlier this month, many drug arrests start as traffic stops. In addition, a lot of drug arrests stem from encounters where the police stop an individual and eventually engage in a search of that individual’s person. Unless the interaction was completely voluntary (such as a situation where…

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Backpacks, Drug Arrests Pursuant to Traffic Stops, and the Constitution’s Protections Regarding Warrantless Searches

Many drug “busts” by police officers start as traffic stops. While most are conducted within the bounds of the law, a substantial percentage of them are not. In those instances, the pulled-over driver is subjected to a search and/or seizure that violates constitutional protections. When that happens, the search is…

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Maryland’s Court of Special Appeals Reverses a Manslaughter Conviction in the Case of a Man Who Gave Heroin to a Friend Who OD’ed

Sometimes, a criminal trial can be cold and clinical. Did the defendant take a smartphone from the electronics store or not? Did she intend to permanently deprive the store of the phone or not? Other cases, though, can be more emotional. When you’re on trial in a case like that,…

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How the Lack of a Jury Instruction Can Lead to the Reversal of Your Maryland Criminal Conviction

An old Chinese proverb says that a “journey of a thousand miles begins with a single step.” A successful defense against criminal charges can be like that. The monumental final destination of acquittal (or reversal of a conviction) involves hundreds or thousands of discrete tiny steps. Make sure that that…

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