In any criminal defense, there are two essential parts of the process. First, there is the pursuit of a dismissal or acquittal. Failing that, there is the second part, the pursuit of a fair and just sentence. In the case of one man convicted of assault, the Court of Special Appeals recently threw out a trial judge’s decision to hand down the maximum sentence. The sentence had to be reversed because the judge relied upon statements made by the prosecutor, but the prosecutor’s statements did not have the required level of reliable evidence and details to support them.
In a criminal case, it might be easy to assume that the outcome of the case will be a result of what takes place during the trial. The reality of criminal trials is more complicated than that. A favorable or unfavorable outcome often has a lot to do with who is on the jury, rather than just which evidence is placed before those jurors. The careful execution of questioning jurors and excluding those who might make for poor fits is a vital part of your defense. In the case of one man facing attempted murder charges, an error by a judge in not allowing the defense to ask potential jurors a particular question resulted in a reversal of his conviction by the Court of Special Appeals.
One of the most valuable evidentiary tools in some criminal cases today is DNA testing. For some defendants, a DNA test result can be the key to proving innocence. For others, while not establishing innocence, a favorable test result can at least be a valuable piece in raising reasonable doubt about the defendant’s guilt. A recent case addressed the very important question of when a defendant is entitled to a DNA test, and the answer to that question helped get the judgment against the defendant vacated.
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.
In many criminal cases, especially ones involving drug charges, one of the most important issues is the collection of evidence by the police and compliance with protections guaranteed by the U.S. and Maryland Constitutions. In a recent case of a driver stopped for a non-functioning tail light, the fact that the police found illegal drugs on a passenger in the vehicle (pursuant to a valid search) did not automatically give them probable cause to search the driver’s trunk in pursuit of more drug evidence, according to the Court of Special Appeals‘ ruling.
In a criminal case, there are several things a defendant must do to strengthen his case and give himself a good chance at an acquittal. One of these things is reducing the credibility of the prosecution’s witnesses. One way to do that is to introduce previous statements that the state’s witness made that are contrary to what the witness stated on the stand at trial. In one recent sex crime case from Montgomery County, the defendant obtained a new trial on appeal after the trial judge in his case improperly refused to allow him to put on evidence of prior inconsistent statements made by one of the state’s key witnesses.
One of the most important tools in a police officer’s arsenal of law enforcement techniques is what’s called a Terry stop. However, one of the law enforcement techniques that is the most susceptible to misuse is the Terry stop. In a recent drug case from southeastern Maryland, the Court of Special Appeals overturned a man’s conviction, concluding that the Terry stop in his case was improper. The case is a clear reminder of the limitations of law enforcement’s authority to engage in warrantless stop-and-frisk searches of citizens.
When you or a loved one are facing criminal charges in Maryland, there may be multiple different outcomes that could count as a successful resolution of your case. Obviously, one outcome is to be declared not guilty. Another is to have the prosecution drop the case against you. So, what do you do when the state decides to drop the charges against you in the middle of your appeal? That was the situation facing one Anne Arundel County man recently, and his case points the differences between the different ways your case can be resolved, and the relative advantages of each.
There are several ways to get a criminal conviction in Maryland overturned on appeal. One way is to establish that the prosecution was allowed to introduce improper testimony on an essential issue of the case. This is what happened recently in one rape-and-assault case. A nurse, who was brought in as a lay witness, gave opinion testimony despite never having been authorized as an expert witness. That entitled the defendant to a new trial, according to the Court of Special Appeals’ ruling.
Small details can make big differences in the outcome of your criminal trial. In the case of one Maryland dentist accused of a sex crime, a very specific detail ultimately was the key to his obtaining a reversal of his conviction. Since the state had no evidence that the dentist interacted with a minor child or a police officer posing as a minor child, the dentist could not be convicted for sexual solicitation of a minor child, according to a recent Court of Special Appeals ruling.