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Articles Posted in Assault

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The Appeals Court of Maryland Criticizes Both Prosecutors and Defense Counsel in an Assault Case Involving a Woman Having a ‘Mental Health Crisis’

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…

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Restitution as a Condition of Probation and What Happens if the Court Sets Restitution After Your Probation Has Ended

Criminal law in Maryland allows the state to punish people convicted of crimes in several ways, including incarceration, fines, and restitution. Just like all other aspects of criminal law and punishment, there are rules about when and how the state can order restitution. If those rules aren’t followed, the restitution…

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Presenting a Strong Defense in Your Maryland Sex Crime Case Centering Around Issues of Consent

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…

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Getting Hearsay Evidence Excluded from Your Maryland Criminal Case (Even If Your Trial Judge Misstates the Rules)

Hearsay evidence is generally inadmissible. Hearsay evidence also can be incredibly harmful to an accused person in a criminal case. It can fill in crucial gaps in the state’s case or work to bolster the credibility of a key prosecution witness. Hearsay evidence doesn’t just exclude itself; it requires a…

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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 to Do When a Prosecution Witness Invokes the Fifth Amendment in Response to Your Cross-Examination Questions in a Maryland Criminal Trial

One of the most potent elements of your criminal defense can be the cross-examination of the witnesses who testify against you. That cross-examination may shed critical light onto the witness, revealing them to be something less than believable and trustworthy. When a witness tries to avoid answering your questions on…

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Police Officer Testimony About Out-of-Court Statements and When that Is — and Is Not — Inadmissible Hearsay in a Maryland Criminal Trial

A successful defense in a criminal case involves many things. One of these is keeping inadmissible evidence out of your trial. That can include excluding inadmissible hearsay testimony that potentially harms your case. To do this, and to make sure that your rights are fully protected throughout the process, it…

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How a ‘Batson Challenge’ Works and How It Can Help You Avoid Potential Racial Discrimination in the Jury Selection Process

One of the most basic concepts underlying criminal trials in this country is the notion of fundamental fairness in the process. One element of that fundamental fairness is having your guilt or innocence determined by a jury of your peers. Toward that end, the law says that the prosecution cannot…

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