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Articles Posted in Evidence

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No ‘Experts in Credibility’: What Maryland Law Says About Witnesses Opining About Whether Another Witness Should Be Believed

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…

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Police Comments About a Suspect’s Credibility: What an Officer Can Say in the Interrogation Room Versus What a Jury Can Hear in a Trial

Maryland law gives law enforcement officers extensive leeway in the interrogation tactics they use. Officers may permissibly manipulate, deceive, and even outright lie to a suspect; those are all valid investigative tactics. This reality is one of the reasons why refusing to speak with officers without a qualified Maryland criminal…

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What Maryland Law Says About the Admissibility of an Accused Person’s Prior Bad Acts

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…

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A Maryland Man Accused of Murder is Granted a New Trial… for the Second Time

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…

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How a Search of Your Social Media Accounts Can Become a Fourth Amendment Violation

Some things that are ubiquitous parts of our lives today probably would’ve seemed unimaginable 40, 30, or even 20 years ago. That includes developments like smartphones and social media. As technology evolves, so do the methods law enforcement officers use to pursue criminal suspects. Just as with anything else, though,…

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What the ‘Statement Against Interest’ Hearsay Exception Does — and Doesn’t — Allow in a Maryland Criminal Trial

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…

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The Maryland Supreme Court Just Put Some Important New Limits on Ballistics Expert Evidence in Criminal Trials

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.…

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What Can You Do When the Police Accidentally Destroy Evidence that’s a Part of Your Maryland Criminal Case?

When the police destroy evidence that was relevant to your case, that’s potentially a huge problem, as you’ll never know if that proof could have strengthened your case. When that happens — whether the destruction was accidental or intentional — there are steps you can take. When it comes to…

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When a Legal Traffic Stops Being Legal: Unconstitutional Seizures Under Maryland Law

The phrase “mission creep,” which pertains to “the gradual broadening of the original objectives” beyond a task’s original scope, goals, or focus, originated in military circles but has been adopted by much of the business world. A type of mission creep can occur in a police traffic stop, as well.…

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What You Can Do If You Gave the Police Consent to Perform a Search (and You Arguably Shouldn’t Have)

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…

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