As a general rule, under the Fourth Amendment to the United States Constitution, citizens are protected from “unreasonable searches and seizures.” In order to conduct a search, a law enforcement officer is required to obtain a court-issued warrant. As with most legal provisions, courts have interpreted the Fourth Amendment in…
In criminal cases, law enforcement personnel employ a variety of different methods to gather evidence against an alleged “suspect.” One such strategy includes the use of wiretapping and electronic surveillance in an effort to intercept wire, oral, and electronic communications. Both federal and state laws govern the use of wiretapping…
The state of Maryland has adopted the law of double jeopardy, as set forth in the Fifth Amendment of the United States Constitution. Essentially, the law protects citizens from being tried twice for the same crime. It is important to understand that double jeopardy is not a defense to the…
A person who is arrested or charged with a crime – whether it is classified as a felony or misdemeanor – is encouraged to seek the assistance of an experienced criminal defense attorney. The gathering of evidence and other circumstances surrounding the arrest and indictment are extremely important pieces of…
In Maryland, and in states throughout the country, people are entitled to legal protections under the Fourth Amendment – namely, to be free from illegal searches and seizures of their person, homes, papers, and effects. When a person is arrested or charged with a crime, it is vitally important that…
If a person is convicted of a crime after a bench trial (by a judge) or a jury trial, he or she is typically entitled to appeal the conviction and to assert any number of pertinent arguments. One of the more common arguments on appeal concerns a lack of sufficient evidence…
Evidence is clearly a key component of any criminal case. The state and the party charged seek to prove or disprove certain facts through the use of two types of evidence: direct and circumstantial. It is commonly understood that direct evidence can prove a fact by itself, such as eyewitness…
Driving under the influence of drugs or alcohol is far too common in Maryland and throughout the entire country. According to statistics provided by the National Highway Traffic Safety Administration, an estimated 1.5 million people are arrested for DUI in a given year. To put it another way, one out…
The quality of the evidence and the manner in which it is obtained are the two critical components of any criminal case. For instance, every citizen is entitled to the Fourth Amendment protections from an illegal search and seizure. A person who is arrested or charged with a crime must look…
Each state enacts rules of evidence that govern the admissibility of various kinds of information and testimony during a court proceeding. Most people have heard of something called “hearsay” – a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to…