Sometimes, in popular media, you might run across people who criticize the operation of the American justice system. They complain about accused people who avoid punishment due to what they think are “technicalities.” Sometimes, though, those issues aren’t minor technicalities at all; they are results of critical errors by the prosecution, like charging the defendant with a crime of which the elements do not match the facts of the case as established at trial. When these things happen to you or a loved one, it is important to have a skilled Maryland criminal defense attorney on your side to protect your rights.
One recent case that originated in Washington County served as an example of the facts not fitting the crime charged. The defendant, David, was on trial facing some very serious allegations. According to the state’s case, David had installed a secret video camera in the only bathroom in his home. David then allegedly used that camera to capture his 15-year-old daughter in various states of partial and total undress.
David acknowledged the installation of the camera but asserted that his interest in conducting video surveillance of the bathroom was not a prurient one. David allegedly was concerned that another family member was doing drugs in the bathroom. Alternatively, the father allegedly believed that the daughter was “sexting” her boyfriend while she was in the bathroom. (The daughter acknowledged on the witness stand that she had, in fact, sent the boyfriend partially unclothed pictures of herself from the bathroom.)