Guns Category Archives — Page 5 of 5 — Maryland Criminal & Immigration Lawyer Blog Published by Maryland Criminal & Immigration Attorneys

Handgun violence in Maryland

August 20, 2013 | by Anthony A. Fatemi, LLC

Maryland takes handgun offenses seriously. As such, if you are arrested for a handgun offense, it is important to retain a good trial lawyer who can mount strong challenges to the prosecution’s evidence. A recent case illustrates the importance of presenting a strong case at trial, rather than relying on appellate procedures in the event something goes wrong.

The case arose when a man (who eventually became a victim) drove to visit his father in Baltimore City, Maryland. Later the man visited his father’s friend. A group was gathered there. While at the house, the man decided to use the computer. The defendant knocked at the front door and entered. The defendant asked the man was he was doing. The man explained he was looking at a website with girls.

The defendant sat down next to the man and asked him questions, which made him uncomfortable. Finally the man confronted him and told him to sit by the front door where he was sitting before. The defendant refused. The man threatened to beat him up. The defendant got up and calmly left. He came back, however, with a revolver, with which he threatened the man. Continue reading

What is the “rule of lenity” in Maryland?

July 25, 2013 | by Anthony A. Fatemi, LLC

Gun violence in Baltimore has flared up. Accordingly, news that the Maryland Court of Appeals recently published a criminal law opinion that ruled in favor of a previously convicted defendant caused a big stir among city officials and the media. The Baltimore Sun published an editorial that expressed outrage that the state’s mandatory five years without parole for gun possession by convicted felons would not stand. However, in spite of the press given to this case, the ruling in this case is narrow.

In the case, a man who had a prior nonviolent conviction was arrested and charged with more than one count of possession of a regulated firearm and a statutory handgun carrying violation. The fact that the conviction was nonviolent wound up being critical in the eventual outcome of the case.

At a jury trial, the prosecution and defense stipulated he had been previously convicted of distribution of a controlled substance and that this prevented him from being permitted to possess a regulated firearm. Continue reading

Maryland Appellate Court Finds Abuse of Discretion, But Permits Conviction To Stand

June 5, 2013 | by Anthony A. Fatemi, LLC

The Maryland Court of Special Appeals recently addressed two interesting questions of criminal trial procedure. The first question was what kind of crime could be used to impeach (discredit) a witness. The second question was whether a trial court is permitted to refuse a re-cross examination once new testimony is given on an issue.

The case arose in early 2010 when a woman (the defendant) asked a man for a ride home from a strip club. The man agreed and when they got to the apartment where the defendant’s cousin lived, the defendant asked him to accompany her to the apartment. She said she would go home with him, but needed to tell her cousin where she was going.

As they walked to the apartment, the defendant pulled out a handgun and asked the man for his money and keys. She shot him as he got his keys from his pocket and then drove off in his car.

After the defendant left, the man called 911 and gave the police a report. When she was apprehended, the defendant was charged with numerous crimes. At trial, she claimed she acted in self-defense because she was afraid that the man was going to sexually assault her.

During a cross-examination of the man, defense counsel tried to impeach him by introducing evidence of his prior convictions, which included assault on a police officer, threat to do bodily harm and reckless endangerment. Continue reading

Maryland Senate Approves a Sweeping Gun Control Bill

March 21, 2013 | by Anthony A. Fatemi, LLC

The Maryland Senate approved a gun-control bill in February that would make it the strictest gun control state in the nation. Governor Martin O’Malley proposed the bill. The key piece of the legislation (and the most controversial) is that it tightens restrictions on gun purchases by residents committed for mental health treatment.

Although O’Malley targeted just those residents committed involuntarily for mental health treatment, the Senate also banned future gun sales for those Maryland residents who undergo voluntary admissions. Specifically, patients who are admitted to a hospital to undergo an emergency psychiatric evaluation on a doctor’s recommendation, and agree to be admitted to a psychiatric facility, would be banned from buying guns. This part of the bill was added against the recommendation of mental health professionals because of its potential to increase stigma.

Maryland law currently prohibits purchases of guns by those who are found not competent to stand trial because of a mental illness, as well as those who have been committed for thirty consecutive days to an inpatient mental health facility. Maryland already limits gun purchases to one a month, conducts universal background checks, and prohibits assault pistols. Continue reading