Sexual Offense

In criminal cases, law enforcement personnel employ a variety of different methods to gather evidence against an alleged “suspect.” One such strategy includes the use of wiretapping and electronic surveillance in an effort to intercept wire, oral, and electronic communications. Both federal and state laws govern the use of wiretapping surveillance in criminal cases. Under Maryland’s wiretapping law, citizens are afforded a greater degree of privacy than under the federal wiretap law. If evidence in your criminal case was obtained via a wiretap or other electronic surveillance, it is vitally important that the intercepted communication was obtained within the confines of the law. For help with this aspect of your case, as well as any other legal issue, you are encouraged to contact an experienced Maryland criminal defense attorney as soon as possible after an arrest.

In a recent Maryland Court of Appeals case, the petitioner challenged the State’s method of obtaining evidence from a recorded phone call (monitored by the alleged victim), with equipment provided by a detective with the Montgomery County Police. Here, the victim alleged that he had been sexually abused by his step-uncle (petitioner) during the summer of 1982. Thirty years after the alleged sexual abuse took place in Maryland, the victim (who now lives in West Virginia) sought help from staff at a police station in Rockville. After describing the abuse to a detective, the two made several calls to the alleged perpetrator in an attempt to elicit an admission or confession.

The state of Maryland has adopted the law of double jeopardy, as set forth in the Fifth Amendment of the United States Constitution. Essentially, the law protects citizens from being tried twice for the same crime. It is important to understand that double jeopardy is not a defense to the merits of a criminal case, but instead it is considered a “plea in bar” to prevent a trial from ever taking place. Courts have addressed the issue of double jeopardy in many criminal cases and have identified when it may be invoked and the extent of the legal protection. If you have been arrested or charged with a crime, it is critical that you are aware of any and all defenses or legal protections available. An experienced Maryland criminal defense attorney would be able to assess your case to provide a strong defense to the charges brought.

In a recent Maryland case, the state brought charges against Wayne Warren, Jr., alleging the sexual abuse of a minor, shortly after he had already been tried and convicted on two of eight charges of the same crime. After the first case was resolved in 2014, the state discovered new photographic evidence in a storage facility, allegedly establishing the sexual abuse of a minor. The state decided to bring another action against him, using this new evidence, which had never been used against him. The new indictment, presented three months after the guilty verdicts were handed down at the first trial, included four counts, each charging precisely the same crime: sexual abuse of a minor.

Articles Posted in Sexual Offense

Highest Court in Maryland Reviews Motion to Suppress in Criminal Wiretapping Case

Maryland Court Rules Second Indictment Violates Double Jeopardy Clause