Articles Posted in Guns

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Most people, including non-lawyers, are aware that the Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. A non-lawyer, including even a very knowledgeable one, however, might not be aware of what a “Terry stop” is and what that phrase can potentially mean with regard to a warrantless search conducted by police. In many criminal cases, the difference between conviction and acquittal may be the ability to get certain important evidence excluded, which is where concepts like a Terry stop can play a very important role. This legal terminology demonstrates just how important it is to have knowledgeable Maryland criminal defense counsel on your side in order to take the law and use its protections to their fullest extent to protect your rights in your criminal case.

A recent case from Baltimore was one in which the law of searches and seizures led to the exclusion of key evidence. What would eventually become Maurice’s criminal case began with an anonymous tip phoned in to a 911 operator. The tipster said that two African-American men were selling drugs from a silver Honda Accord at a specific location in Baltimore.

Two police units responded to the scene and found two African-American men sitting in a silver Honda Accord with its engine running. The officers positioned their vehicles with one in front of the Honda and one behind it, effectively blocking it from leaving the area. The officers ordered Maurice out of the car and began to frisk him. While searching Maurice, the police found a bag of drugs tucked inside his underwear. After finding that, the police searched the car and found a handgun.

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Generally, all attorneys and most laypeople are familiar with the Miranda warnings. “You have the right to remain silent… You have the right to an attorney…” and so on. On TV shows, a defendant might avoid prosecution because the police neglected to give him a proper Miranda warning. In real life, though, the issues are often less black-and-white. What if the police question you, then give you a Miranda warning, and then re-question you about the incriminating statements you made before the warning? These types of non-clear-cut situations point to the importance of making sure you have a knowledgeable Maryland criminal defense attorney on your side to make sure that your constitutional rights are fully protected in your case.

A recent case from Anne Arundel County demonstrated how the timing of a Miranda warning can make a big difference. The events leading up to the trial started with the police executing a search warrant at a residence where Aundrey lived. Aundrey was also a subject of the police investigation, but he wasn’t at the home. Officers stopped him a short time later driving on a nearby road. The police asked him several questions and eventually took him back to the home.

Back at the residence, officers placed Aundrey, his mother, and a sister on a couch and gave them all Miranda warnings. The officers continued their search of the house, finding drugs, drug paraphernalia, and a gun contained in a safe. The officers found these items because Aundrey told them he had a gun he was holding for a friend, and he also had some marijuana.

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In a criminal defense matter, a key to a successful outcome may be getting inadmissible evidence excluded. This is one of the many vitally important areas in which your experienced Maryland criminal defense lawyer can help. In one recent case from Baltimore, a defendant got a conviction reversed because the officer who searched him lacked the required level of reasonable suspicion to allow him to conduct a search.

On March 4, 2016, a Baltimore law enforcement officer responded to a call about “a person being armed.” The officer spotted an individual who he believed matched the description dispatch had provided to him. As the officer approached the man, the man allegedly turned away from the officer. This body language, in the officer’s opinion, was consistent with someone carrying a gun. The officer made the man put his hands above his head, and, during the officer’s pat-down search, he recovered a gun from the man’s waistband.

During the man’s gun possession trial, the defendant asked the court to suppress evidence of the gun on the basis that the search was improper. The trial judge denied the motion to suppress, and the defendant was convicted on two counts.

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The law gives criminal defendants relatively wide-ranging rights when it comes to presenting their defenses in order to ensure that the defendant gets every appropriate opportunity to present his full defense in court. That concept helped one man accused of a gun possession crime to obtain a reversal of his conviction recently. The Court of Special Appeals concluded that, while part of the witness’ testimony may have been inadmissible, that fact did not allow the trial judge to exclude the witness from testifying about other admissible issues. Anyone accused of a crime should work with a knowledgeable Maryland criminal defense lawyer to ensure that their rights are fully protected and that they get to put on their full defense to the jury in their case.

The gun possession case began as an attempt by law enforcement officers in Charles County to pursue suspicious (possibly stolen) vehicles. Officers converged on the home of a man named Ronald, where many of the suspicious vehicles were located. The officers eventually entered the home, searched the home, and found a locked closet in the master bedroom. They discovered a safe inside the closet and, while searching the contents of the closet and the safe, found a loaded handgun.

At his trial, Ronald faced a series of theft-related charges as well as a gun possession charge. In his defense, Ronald sought to call as a witness his son, Dresean. The defense informed the court that Dresean would testify about the living situation in Ronald’s house, but, if asked about the ownership of the gun, Dresean would invoke his Fifth Amendment privilege against self-incrimination. The trial judge disallowed Dresean’s testimony, and the jury eventually convicted Ronald on the gun charge (while acquitting him on all of the other charges).

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In a criminal case, the difference between success and defeat can sometimes be something clear-cut, like a corroborated alibi. Often, though, a successful defense can be a result of something that might seem, to a layperson, to be small. An example of that occurred recently, when a man arrested and tried in Charles County got his conviction reversed because the crime for which the state convicted him was not the same crime that the state charged in the man’s indictment.

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Voir dire, the process by which prospective jurors are questioned and examined to determine whether grounds for disqualification exist, is a significant part of any jury trial. Most states, like Maryland, have rules that govern this phase of a criminal trial in order to ensure that a fair and impartial jury is ultimately impaneled in accordance with the Sixth Amendment of the United States Constitution. When a court finds error during this segment of a criminal prosecution, any ultimate conviction may be overturned. For this reason alone, if you have been arrested or charged with a crime, it is vitally important to protect your legal rights as vigorously as possible. An experienced Maryland criminal defense attorney could evaluate your case with an eye to preparing the best possible defense under the circumstances.

In a recent criminal case, the defendant was charged with illegal possession of a regulated firearm and later convicted after a jury trial. The defendant appealed the conviction, raising several arguments, including whether the trial court erred in refusing to ask, during voir dire, the “police witness” questions. In this case, the defendant’s counsel submitted certain voir dire questions to be asked of the prospective jurors. Included among these items were two questions relating to police officer testimony. It is important to take note that most of the evidence presented in this case against the defendant was comprised of police officer testimony.

Essentially, counsel requested that the judge ask the prospective jurors whether they would be more or less likely to believe a police officer or deputy solely because he is an officer or deputy, and whether they would be more likely to believe the testimony of a police officer or deputy as opposed to the accused. The trial court failed to ask these two questions, and at the conclusion of the questions for the whole jury pool, the judge asked defense counsel and the prosecution if they had any issues to address. Defense counsel responded “no.” Later, during additional questioning of the remaining potential jurors (prior to the selection of a panel), the defendant’s counsel requested that the police witness questions be asked. The trial court denied the request.

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The Fourth Amendment protects people from unreasonable searches and seizures. Under established case law, an officer who “pats down” or “stops and frisks” a person must be able to justify the intrusion by pointing to “specific and articulable facts” that, when considered together “with rational inferences from those facts, reasonably warrant that intrusion.” Essentially, the officer must be able to articulate what it was that aroused his or her suspicions in order to justify the search. In such cases, courts will evaluate the reasonableness of the search or seizure in light of the unique circumstances of the case.

Clearly, whether the officer is entitled to conduct a pat down depends in large part on the specific facts. Where appropriate, an individual arrested or charged with a crime may argue that the officer violated his or her constitutional rights and was not justified in conducting the search. In such cases, the defendant may be able to suppress any evidence gathered as a result of that search. If you have been arrested or charged with a crime, it is extremely important to contact an experienced criminal defense attorney who is fully aware of proper legal criminal procedure in Maryland.

In a recent case, the defendant was convicted of possession of cocaine, wearing, carrying, or transporting a handgun in a vehicle (and on his person), concealing a dangerous weapon, and speeding. According to the suppression hearing record, the arresting officer stopped the defendant for driving 58 m.p.h. in a 35 m.p.h. zone. According to the officer, during the stop, the defendant was sitting “statue-like,” staring straight ahead with his hands in his lap. The officer also noticed that the defendant’s two front jacket pockets were “bulging” as if they had something in them. Because of the bulges in the defendant’s pockets and because he failed to make eye contact, the officer decided to obtain information regarding the defendant’s criminal history. He found out that the defendant was on probation for a possession of a handgun in a vehicle charge.

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Depending on the circumstances, a defendant charged in a criminal action may be able to assert several different defenses, some of which could result in a reduction of the severity of the charges or an acquittal. In a recent case, the defendant was convicted of robbery with a deadly weapon and multiple related charges. While he raised two defenses, one related to prejudicial hearsay during the trial and another concerning an impermissibly suggestive identification, the court of appeals upheld the convictions. If you have been arrested or charged with a crime, it is extremely important that you contact a Maryland criminal attorney who can review your case to properly respond to the allegations and raise any applicable defenses to protect your rights.

In the case described above, a man and his son arranged to meet the defendant to purchase two cell phones that were advertised on Craigslist. They brought two additional children with them to make the purchase. According to the facts of the case, instead of selling the phones, the defendant told them they were being robbed and pulled a gun out. Defendant allegedly shot one of the would-be purchasers. As the crime was being investigated, the victims identified the defendant as the assailant through photographic identifications. The defendant moved to suppress the identifications in a pre-trial hearing, arguing that the police used “impermissibly suggestive” procedures in securing the identifications. The motions court denied the defendant’s motion to suppress, and he was later convicted at trial of the assorted charges mentioned above.

The defendant appealed his convictions, alleging that the trial court admitted prejudicial hearsay improperly and that the motions court erred in denying his motion to suppress the photographic identifications. The court of appeals rejected both arguments. During the trial, a detective’s testimony improperly referenced certain out-of-court information that connected the appellant to the robbery. The court agreed that it was inadmissible hearsay, but appellant did not move to strike the testimony, nor did he ask for a mistrial. Furthermore, the court gave instructions to the jury that stricken testimony was not to be considered as evidence. The court of appeals concluded that appellant received all the relief that he sought with respect to the inadmissible testimony, and therefore there was no error. Continue reading

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Jury selection is a critically important aspect of a criminal trial. This phase is also referred to as “voir dire” – the point at which counsel for both the State and the defendant have an opportunity to ask the potential jurors questions in order to determine whether an individual exhibits a possible bias against either side. The law seeks to protect against such an unfair situation by affording both sides certain rights. In fact, a criminal defendant is entitled to a variety of protections under the law throughout the proceedings. If you have been arrested or charged with a crime, it is important to understand your rights and the potential defenses available under the circumstances. You are encouraged to contact an experienced criminal defense attorney as soon as possible.

If jury selection is not handled in accordance with Maryland law, any resulting criminal conviction could be overturned. In a recent case, Smith v. State, the defendant’s counsel asked the circuit court to include this mandatory Defense-Witness question to the jury: “Is there any member of the panel who would be less likely to believe a witness simply because they were called by the defense?” The purpose of this question is to identify jurors who might have a bias against defense witnesses. Under Maryland law, if a question for a jury panel refers to a specific cause for disqualification, that question must be asked. The failure to ask is considered an abuse of discretion on behalf of the court.

As it turned out, the trial court failed to ask the question during voir dire. Defendant’s counsel expressly challenged the omission of the Defense-Witness question. Under Maryland Rule 4-323(c), the objector need only make its objections known to the court in order to preserve the objection. However, the trial court agreed with the State’s mistaken assumption that the Defense-Witness question was covered by a question already asked by the defendant’s counsel. At that point, defendant’s counsel did not correct the judge’s statement. A trial was held, and the defendant was convicted of involuntary manslaughter and use of a handgun in the commission of a felony. The defendant appealed, arguing that the failure to ask the mandatory Defense-Witness question required a reversal of his convictions. Continue reading

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Criminal cases vary a great deal, from the moment when a person is arrested and charges are filed to the conclusion of a jury trial or plea bargain. Under Maryland law, criminal defendants are typically afforded the right to a trial by jury. With this right come certain rules and procedures that govern court-issued “jury instructions.” Such instructions help a jury decide if they believe a defendant is guilty or innocent. The prosecution and defense often request that certain instructions be submitted to the jury, depending on the facts and circumstances surrounding a case.

In criminal cases, Maryland Rule 4-325 provides: “The court may, and at the request of any party shall, instruct the jury as to the applicable law and the extent to which the instructions are binding. The court may give its instructions orally or, with the consent of the parties, in writing instead of orally. The court need not grant a requested instruction if the matter is fairly covered by instructions actually given.” In a recent criminal case, the defendant appealed a conviction of first-degree murder (among other things), arguing that the court abused its discretion by failing to give a “witness promised benefit” jury instruction. This instruction would advise the jury that it may consider the testimony of a witness, who provided evidence for the state, “as a result of” an “expectation of a benefit,” but such testimony is to be considered “with caution” because it may have been influenced by the witness’ hope to gain the benefit.

Here, one of the two witnesses to the shooting testified that she heard gunshots and then saw the victim lying on her porch steps outside the house, and the defendant heading to his car. She and the other witness both identified the defendant in a photo array. The defendant’s attorney argued that this witness cooperated with the State only because the authorities agreed to move her to free, protective housing for several months. The court declined counsel’s request to give the jury the “witness promised benefit” instruction. During closing arguments, the defense counsel failed to mention that the witness provided evidence to the state because she received free, protective housing, and that such testimony might be less credible due to this benefit. Continue reading

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