What is an “affray?” An affray in Maryland happens when two people fight (either with each other’s consent or without) in a public place “to the terror of the people.” The elements of “public place” and “terror of the people” can be controversial because it begs the question of whether…
A recent case arose when the defendant drove his Mitsubishi with two passengers onto southbound I-95. The defendant and one of the passengers (Jackson) planned to rob the other passenger. However, the two passengers got into a fight at some point and Jackson got shot. The defendant pulled over and…
When is a reasonable suspicion truly a reasonable suspicion and not just a hunch in Maryland? A law enforcement officer can conduct an investigatory stop only if the officer has a reasonable suspicion and not a mere hunch that the person being stopped is committing some kind of infraction or…
Earlier this year, the Supreme Court reversed a Maryland appellate court on the subject of the Maryland DNA Collection Act. It held that it was constitutional for Maryland to allow law enforcement officers to take a DNA sample from individuals arrested for violent crimes. It explained that DNA identification was…
Criminal defendants in Maryland have a right to jury trial and the right to be presumed innocent until proven guilty. In a recent case, the court was asked to consider whether a waiver was valid where the trial judge offered the defendant advice that was erroneous. The case was a…
If you are suspected of a crime, you should always ask to talk to an attorney before answering questions from the police. You also should not sign anything the police give you nor write your own statement without advice of counsel. In a recent case, the issue of confession arose…
Maryland law prohibits the intentional distribution, sale and possession of items identified by a counterfeit mark. In a recent case, the defendant was driving on Route 301 with two burned out tag lights when he was pulled over by a state trooper. The state trooper noticed that the defendant did…
Maryland, like most states, takes drunk driving seriously. While the penalties vary, even a driver’s license suspension can significantly affect one’s life. It can impact one’s ability to go to one’s place of business or school, pick up the kids or buy groceries. In a recent case, an officer responding…
Maryland jurors place a lot of trust in DNA evidence. However, DNA evidence is actually fairly technical and testimony or arguments related to the evidence may be confusing—so confusing it can affect the outcome of a trial. What happens, for example, if a prosecutor makes incorrect arguments about critical DNA…
Recently, a client retained our services to assist with a serious criminal matter in which he was being investigated. The day before he came to our office desperately seeking our help, he had received a telephone call from the Montgomery County Police Department (“MDPD”) and the officer informed him that…