Case Summaries

How a Statute’s Definition of ‘Public Place’ Held One Man’s Key to Success in Escaping a ‘Visual Surveillance’ Charge

November 14, 2025 | by Anthony A. Fatemi, LLC

Maryland’s criminal laws contain many nuances and details. Sometimes the legislature may enact laws that appear to ban a broad range of behaviors, while the “details” of the statutes actually prohibit only a narrower range of conduct. Possessing a thorough knowledge of the criminal law in all its specifics is essential to a robust defense, which is why, if you are facing criminal charges, you should not hesitate to retain a knowledgeable Maryland criminal defense lawyer.

How important are these details? A recent case from Howard County illustrates the point clearly.

The case stemmed from an incident inside a bathroom at a rest area off Interstate 95. The crux of the state’s case was that the accused spied on a 16-year-old boy through the gap between the bathroom stall door and the stall’s frame.

The Fifth Amendment, The Maryland Declaration of Rights, and a Defendant’s Decision Not to Testify at Trial

September 17, 2025 | by Anthony A. Fatemi, LLC

The Fifth Amendment to the U.S. Constitution protects accused people from being forced to give testimony that could tend to incriminate them. In Maryland, defendants have even greater protection under Article 22 of the Declaration of Rights. Under state law, any prosecutorial comment that implies to jurors that they should hold a defendant’s silence against them is improper. Having a skilled Maryland criminal defense lawyer on your side when a prosecutor crosses this line (or other lines) is often crucial to protecting your rights.

A 2021 attempted murder case here in Montgomery County serves as an example of this protection in action. In the early morning hours of April 18, 2021, a man wearing khaki pants shot F.G. outside a local restaurant and bar. The state put two men, J.D. and A.C., on trial for attempted murder in connection with the shooting.

At the men’s trial, several witnesses offered testimony, but some key figures did not testify. The victim, who survived his injuries, did not take the stand, and neither did J.D.

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

January 31, 2024 | by Anthony A. Fatemi, LLC

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 defense lawyer present is almost always a good idea. Your seasoned attorney may recognize when an officer is employing the “tools of the trade” to get you to say something incriminating, and protect you from making statements that could later harm you at trial.

However, the statements an officer can make in an interrogation setting are very different from statements the state can introduce into evidence in a criminal trial. And, as a recent murder case shows, while the police can tell a suspect “your story defies belief” in the interrogation room, the state generally can’t admit that opinion commentary into evidence in the suspect’s trial.

The murder case arose from an alcohol-fueled dispute between two friends. Police arrived at a Montgomery County apartment to find a man, Y.R., dead. They took a woman, S.N., into custody and interrogated her. That interrogation was recorded on video.

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

January 24, 2023 | by Anthony A. Fatemi, LLC

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 order isn’t valid. Whether you’re dealing with a jail sentence, a fine, or a restitution order, a knowledgeable Maryland criminal defense lawyer can help you take the proper action if the state has failed to follow the rules in your case.

C.P. was a man who pleaded guilty to two counts of assault in 2008 as part of a plea agreement. The court sentenced him to a period of active incarceration plus five years probation. Additionally, the court noted that, as a condition of probation, the state would propose an order for restitution.

The state released C.P. in June 2015, which also represented the start of his five-year period of probation. Those five years came and went and the man’s probation ended on June 19, 2020. In early February 2021 — seven and one-half months later — the state submitted a proposed order of restitution. The following October, the trial court entered an order demanding that C.P. pay $6,116 in restitution.

Maryland Court of Appeals Rules in Favor of Petition for Post Conviction Relief

February 5, 2016 | by Anthony A. Fatemi, LLC

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 a case. Each step must be analyzed and evaluated in accordance with the Maryland laws that serve to protect a citizen’s constitutional and statutory rights. In addition to defenses one may assert at the point of arrest or indictment, there are other arguments that can be raised even after a conviction. No matter which stage of a criminal case one is facing, it is imperative that you have an experienced Maryland criminal defense attorney to assert a solid defense or a strong petition for post conviction relief.

Under Maryland law, a person who has been convicted of a crime may file a petition for “writ of actual innocence” and seek a new trial. Section 8-301 of the State Criminal Procedure Code sets forth the circumstances under which such a petition (and new trial) may be granted. These are when a person claims that there is newly discovered evidence that: (1) creates a substantial or significant possibility that the result may have been different, and (2) could not have been discovered in time to move for a new trial.

Maryland Court Ruled Defendant Received Ineffective Assistance of Counsel in Child Abuse Case

November 22, 2015 | by Anthony A. Fatemi, LLC

A criminal arrest is a serious matter. Whether the underlying alleged crime is a felony or a misdemeanor, the consequences of a conviction can negatively affect a person’s life in many ways, including potential jail time and a lasting criminal record. There are many defenses one may be able to assert, depending on the circumstances surrounding the arrest. Keep in mind that citizens are entitled to the protections of the Constitution, including the right to be free from an illegal search and seizure, and the right to the effective assistance of counsel. Anyone arrested or charged with a crime is encouraged to consult with an experienced Maryland criminal defense attorney as soon as possible.

A recent Maryland case addressed one man’s right to the effective assistance of counsel in a second-degree child abuse case. Here, the defendant was an Ecuadorian citizen and a legal, permanent resident of the United States. The trial court found him guilty of the charges and sentenced him to five years in prison. He did not appeal the court’s verdict. Six months after the end of his probationary period, the U.S. Immigration and Customs Enforcement came to arrest the defendant. He was deemed to be subject to deportation as a result of his conviction for second-degree child abuse.

Maryland Court Rules Call Records Inadmissible as Hearsay

July 23, 2015 | by Anthony A. Fatemi, LLC

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 prove the truth of the matter asserted. Hearsay is typically inadmissible, subject to certain enumerated exceptions. In any criminal case, no matter what the charges, it is important to fully understand the rules of evidence and how they can strengthen one’s defense. If you have been arrested or charged with a crime, it is extremely important that you contact an experienced Maryland criminal defense attorney as soon as possible.

A recent Maryland case illustrates how knowledge of the hearsay rules can help a person successfully appeal a criminal conviction. In Baker v. State of Maryland, Michael Edward Baker was convicted of various sex offenses, second-degree assault, and impersonating a police officer. According to the victim’s testimony, on July 18, 2013, she had been “prostituting,” and she received a cell phone call from the defendant/appellant seeking to set up a time to meet her. When they met, the defendant showed her a police badge, told her he was a police officer, and forced her to perform certain sexual acts against her will. The victim alleged that the defendant raped her.

Maryland Court Upholds Decision Not to Merge Criminal Sentences

April 8, 2015 | by Anthony A. Fatemi, LLC

Throughout a criminal case, from an arrest to a possible conviction and sentencing, the person charged with a crime has multiple opportunities to challenge or defend against the charges, conviction, and ultimate sentence. The United States Constitution guarantees citizens certain protections, covering a broad range of rights. One such right protects a person from multiple punishments (sentences) and trials for the same offense. While the Maryland Constitution does not have this “double jeopardy” provision, case law has upheld these protective principles. If you have been arrested or charged with a crime, it is important to contact an experienced criminal defense attorney who fully understands the various laws and defenses applicable to your situation.

In a recent Maryland case, a man was convicted of multiple crimes: robbery with a dangerous weapon, second-degree assault, theft of property valued less than $1,000, and representing a “destructive device” and making a false statement about that device. The court sentenced him to incarceration for two separate and consecutive terms: 20 years for robbery with a dangerous weapon and 10 years for making a false statement about a destructive device. According to the evidence at trial, during the robbery of a shoe store, the defendant claimed that he had a gun and stole money and boots. He allegedly presented the store clerk with a note stating that there was a bomb in a box and that she should wait 30 minutes before calling the police (after he left), or else he would blow up the store.

Maryland Court Granted “Serial” Podcast Defendant’s Application for Leave to Appeal

March 23, 2015 | by Anthony A. Fatemi, LLC

The journalists from “This American Life,” a public radio broadcast, recently created the hugely popular podcast, “Serial,” which “aired” last fall. According to their website, Serial presents one story (a true story), over sequential episodes. For its inaugural “season”, the journalists at Serial chose the 1999 murder of a Woodlawn High School student, Hae Min Lee. Her high school ex-boyfriend, Adnan Syed, was convicted of murdering Hae Min and is currently serving a life sentence in a West Maryland correctional facility. In some recent legal developments, a Maryland court has agreed to permit an appeal in Syed’s case.

This past January, a Baltimore circuit court denied Syed’s petition for post conviction relief. The most recent decision by the Court of Special Appeals reverses that decision and essentially allows Syed to appeal the denial. Post conviction relief is different than a direct appeal from a trial court ruling. Under Maryland law, a person convicted of a crime at trial has a right to appeal that court’s ruling. In such instances, the Court of Special Appeals is obligated to hear the “appellant’s” challenge of the trial court’s decision. A petition for post conviction relief is different, in that the person convicted of a crime is not necessarily entitled to an appeal. One must file with the court an “Application for Leave to Appeal,” essentially asking for permission to appeal. The court has full discretion as to whether to grant the appeal.

Baltimore Attorney Announces Criminal Charges Against Maryland Bishop

January 22, 2015 | by Anthony A. Fatemi, LLC

Many people have heard of the legal terms “misdemeanor” and “felony.” These are the two categories of criminal conduct under Maryland law. Misdemeanors are considered to be less serious than felonies, and they likewise typically carry a less severe penalty if a conviction results. Some of the more common misdemeanors include drunk driving, petty theft, vandalism, reckless driving, and minor drug possession. Despite differences between misdemeanors and felonies, if you are charged with either type of crime, you are encouraged to contact an experienced criminal defense attorney as soon as possible. Your counsel will review the charges and prepare a proper defense under the circumstances.

Although drunk driving is typically considered a misdemeanor, the charges could be elevated to a felony if the impaired driver’s actions cause a person’s death. News stories concerning the recent tragic death of a cyclist in Maryland have been reported throughout the nation. According to an article in the Baltimore Sun, a Bishop from the Episcopal Diocese of Maryland was allegedly driving while intoxicated and sending text messages when she struck and killed a cyclist. The attorney for Baltimore City charged the Bishop with criminal negligent manslaughter, driving while impaired and texting, and leaving the scene of an accident. News reports have also suggested that the Bishop had pleaded guilty back in 2010 to driving under the influence. These are very serious criminal charges that must be addressed accordingly. Continue reading