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Baltimore Settles Civil Cases of Wrongful Arrests

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A little over a decade ago, a new mayor took office in Baltimore and ordered the police to crack down, to take a “zero tolerance” approach to crime. In particular neighborhoods and high crime areas, they were told to make arrests on charges as minor as littering. This approach, however, may have led to many unlawful arrests, a fact not lost on the city who has recently settled a handful of lawsuits.
In the first few years following the new policies, crime reportedly dropped. Supporters of those policies state they deterred criminals by placing them in fear of immediate arrest. But, within 5 years crime began to rise again; arrests were up; and charges were being dropped left and right.
According to the Baltimore Sun, arrests in the city reached an all time high in 2005 at 108,000 or one for every six people. Since then, the arrest rate has dropped by more than 30,000. Law enforcement is focusing on smart arrests rather than quantity and the courts are seeing fewer cases dropped.
The lawsuits involving wrongful arrests include things as little as a loitering arrest for sitting on the stops of an aunt’s home and a littering charge for dropping a candy wrapper in the street. These two cases resulted in two arrests of the same 18 year old within the span of one month.
Along with money agreed on in the settlement, law enforcement will be adopting some new policies. Officers will be retrained to avoid wrongful arrests and supervisors will review what are called “quality of life” arrests.
Police must balance public safety with common sense and can never infringe on citizen’s Constitutional rights. This is true from the moment they begin questioning you until you are in jail and in front of the court. Everything from how you are questioned to how you are searched and detained must be done according to procedures designed to protect your rights.
Sometimes if the police run afoul of these procedures an entire criminal case can be thrown out. Whether your arrest was unjustified or the evidence against you was seized illegally, these things sometimes erroneously referred to as “technicalities” are designed to keep integrity within the system.
A defense attorney is there to ensure your rights are protected. Contact me today to discuss the details of your case. We can talk about your arrest and any other aspects that may be concerning you.

Baltimore Jailing Practices Get Progressive Recommendations

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In 2008, Baltimore had the highest percentage of its population incarcerated in jails, when compared with other major cities in the United States. 90% of these individuals had not been found guilty of a crime and instead were awaiting court dates according to the Daily Record. These numbers are startling and not lost on the Justice Policy Institute.
The JPI issued a report this week to the city of Baltimore, making several recommendations to help curb the city’s propensity for jailing. The overuse of pretrial incarceration is not only said to negatively impact those that are awaiting court dates behind bars but also costs taxpayers millions every year.
The reason for Baltimore’s numbers is multiple. Judges here are less likely to release non-violent offenders on bail, the police are quicker to make arrests on non-violent offenses, and the probation system is more likely to lock up probationers for minor violations when compared with other communities across the country.
Other big cities, like NYC, will issue a citation with a court date for offenses like disorderly conduct, shoplifting, driving on a suspended license, and public intoxication. If you are caught doing any of these in Baltimore, however, there’s a good chance you will go to jail.
Another issue, bail, is seen as a promise to return to future court dates. Because judges here seem more reluctant to release non-violent offenders on bail, more sit in the jails waiting for court. High bails also disproportionately affect the poor, allowing those with more money to get out pending court.
The report from the DC based Justice Policy Institute makes some recommendations to assist Baltimore including creating community support mechanisms like treatment and employment assistance, citing non-violent misdemeanants rather than jailing them, and reducing the amounts of bail required in criminal cases.
Bail is used to keep the community safe. A judge sets your bail amount depending on how much of a risk he/she thinks you are to flee from future court dates. If you are seen as a risk to the public, you might not be granted bail at all.
Something called an “OR bond” is granted when the judge sees little risk in releasing you. OR stands for being released on your “own recognizance”. In these situations, no payment is required, only your promise to return.
While the facts about your case play a big role in your chances of being granted bail at all, much less an OR bond, as your defense attorney I may be able to help. If you are facing criminal charge and are curious about bail and your potential penalties, contact me today.

400 DC DWI Cases Flawed By Bad Breathalyzers

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In an update from my post in March, the Washington Post is now stating 400 people were convicted of DWI in the DC metro area since 2008 based on inaccurate results of breath tests. In March they were investigating the machines and had already pulled several from use. Now, the Post is reporting that all 10 of the department’s breathalyzers were calibrated incorrectly.
One employee was in charge of maintaining the machine and calibrated them all inappropriately, setting the baseline alcohol concentration levels to provide false positives. According to the post, the “badly calibrated equipment would show a driver’s blood-alcohol content to be about 20% higher than it actually was.”
The defendant’s involved in these cases are said to have served an average of 5 day in jail. At least one lawsuit has already been filed against the city for the mistake with likely more to come. According to the article, they are still in the process of contacting all of the involved parties and their attorneys.
The Post profiles just one of the affected defendants who is currently on probation for the offense. He served time in jail and now has to wait to apply for the citizenship he seeks because of the criminal charge. He states he didn’t believe the high number on the breath test when it occurred but plead guilty rather than spend the time and money to fight the charge at the time.
Breathalyzers are notoriously wrought with error. From faulty calibration to user error, the results are not dependable and often a point of contention when a DWI charge goes to court. This story, no doubt, only serves to bolster my opinion that a breath test is not fail proof evidence and certainly can’t carry a DWI case alone.
Like the defendant profiled in the Post, a conviction of DWI can have lasting effects, whether it’s your first or not. Jail time, fines, suspended license, the repercussions are many and can be difficult to live with.
If you are facing DWI charges in DC or Maryland, we can help. Contact us today for a consultation on your case and some information about how a breath test result over .08% doesn’t always equal a conviction.

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Violent Crime Down but still High in Baltimore

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The Associated Press reports this week that violent crime is down in the city known as the setting for gritty dramas like Homicide and The Wire. But despite these drops, the Baltimore is still high when compared with other cities of similar sizes. Officials are questioning whether new policing techniques may be positively impacting the violence.

This report details how 10 years ago cops would have broken up any illegal activity they believed was going on in their presence. Now, they’re more selective, focusing on quality, not quantity of arrests.

Police Commissioner Frederick H. Bealefeld III is quoted as saying he isn’t trying “to win the drug war”, but rather “the war on violence.” By focusing their efforts on some of the more notorious violent offenders in the city, the police claim they have been able to keep violence down to levels not seen in over 20 years.

In addition to going after the “regular suspects”, police are serving warrants on people with violent pasts quicker than before—even if the warrant is for a nonviolent charge. The city has also developed a gun offender registry, similar to the one in NYC requiring people with gun convictions to register their address.

While the police may drive by a known drug dealer on the corner, this doesn’t mean drug offenses are allowed to run rampant. Arrests for drug crimes are still a fact of everyday life in Baltimore too.

Another change that has gone with the decrease in crime, is an increase in successful convictions on the part of the prosecutor. Because crime is lower, the cases being referred to the DA are better, making dropped charges less and less common. This should be a top concern if you are facing criminal charges today.

If you are facing charges in Maryland, you need to discuss the details of your crime with a defense attorney. Contact me today to talk about the circumstances surrounding the charges against you and what you can do.

Criminal Trial Shows Flaws in GPS, Surveillance Technologies

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The case is one of an innocent life nearly cut short at the hands of two teens in a gunfight. Both were convicted of attempted murder but according to this editorial in the Baltimore Sun, their convictions were the result of good police work and not the high-tech cameras or GPS systems in use at the time.

Baltimore is one of several cities around the country that has installed numerous surveillance cameras in an attempt to discourage crime on their street corners. But, as the editorial suggests, the cameras don’t deliver “crisp, clear images” and instead convey highly pixelated and fuzzy images. In a case with less evidence, such images could have worked in the defendant’s benefit.

Since 2004, the city of Baltimore is said to have sunk over $15 million into such cameras—cameras that can’t identify a face from 100 feet away. These cameras are all over the city and one has to wonder what good they are doing. One commonly held belief is that they don’t prevent crime at all and if anything, they simply move crime.

Another interesting flaw in the use of technology in criminal justice that this case uncovered is the function of GPS monitoring. One of the defendants in this case was attached to monitoring as part of a juvenile case. However, the monitor bracelet only had the capacity to say if the man left home—not where he went or how far.

While his exact location via GPS would have been nice for the prosecution in this case, tracking offenders down to their every-minute latitude-longitude seems a little extreme and not likely appropriate for a juvenile offender thought to be at no risk to the community.

The fact it, technology cannot eliminate crime. And sometimes, even the most “advanced” technology can’t solve crime either. However, such technological instruments can be used as evidence in criminal trials, making their effectiveness and reliability a serious issue.

If you are facing criminal charges, it is the responsibility of your defense attorney to look at all of the evidence against you. As your lawyer, I would question any evidence the state submits, ensuring its integrity and making certain your rights were not violated in any way during the collection of such evidence.

Whether you are facing drug charges, a DUI, or something far more serious, I can help. Contact me today to discuss your case and how we can work together for the best possible outcome.

Baltimore Residential Robberies on the Rise

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Despite a general downward trend on crime in the city, residential robberies climbed a remarkable 34% from this time last year. Home invasions are said to be the only type of crime that is actually increasing in the city this year and officials are wondering why and looking at ways to prevent it.

According to the Baltimore Sun, police are wary of blaming the economy or drugs, two commonly blamed factors when property crimes increase. The trend is hitting the areas of Northwest Baltimore the most with 21 reported home invasions so far this year (up from just 8 at this time last year).

The Sun article points out the difference between a residential robbery and a burglary as the presence of a victim. If there is no one in the house at the time, it is a burglary. If people are present it’s a robbery and considered more serious by the law.

The presence of people in the home changes a property crime to a crime against people. And anytime someone is victimized, the law treats that very seriously.

That isn’t to say that purely property crimes are not serious or victimless. On the contrary, theft crimes even when someone isn’t present can result in decades-long prison sentences. In addition, those people who lost the property in the commission of the crime may be entitled to restitution.

When you are facing charges like any of these an aggressive defense attorney is crucial. Whether someone was present when you committed the offense or if no one was there, the repercussions can be life changing and the charges shouldn’t be taken lightly.

Baltimore police and prosecutors are cracking down on these sorts of crime to bring the numbers down. You can bet that, especially if charged with a residential robbery, you will be facing serious consequences.

No matter what the actual charge is against you, I can help. I am dedicated to giving my clients the personalized attention they deserve and putting in the work that their case needs. Contact me today for some free legal advice on your case.

Maryland Interlock Laws Controversy

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A recent Washington Post editorial came out slamming Maryland legislators, accusing them of being soft on drunk drivers by not insisting on a mandatory ignition interlock law for all those convicted of a DUI in Maryland.

The issue is far more complex than lawmakers simply giving in to alcoholic beverage industry lobbyists, or somehow being fearful of fewer drunk driving defense clients for the legislators who are also criminal defense attorneys.

The fact is that there is absolutely a legitimate argument as to whether someone who barely registers a .08% BAC on a breathalyzer test is as dangerous and likely to re-offend as a chronic alcoholic who blows twice the legal limit.

The legal system treats a .08% as de facto evidence of guilt, despite countless known flaws in breathalyzer machines. Yet it is notoriously difficult to successfully challenge a breath test failure in court. Trials take months, and meanwhile a defendant is typically unable to drive while the case is being adjudicated.

For this reason, many people simply plead guilty to expedite the process, and get on with their lives.

An ignition interlock device requirement on a driver’s license is a serious penalty, and would change that equation significantly. Particularly for those who face job loss if required to have an IID on any vehicle they drive. If you must drive multiple company cars for work, it is not practical to have a device on multiple vehicles.

In cases like this, a person may be more motivated to fight the charges at trial, since job loss is inevitable in either case.

For driver’s license reinstatement after a Maryland DUI, a high BAC threshold for an Ignition Interlock Device requirement law makes a lot of sense.

DC Breathalyzer Results Questioned

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The Washington Post posted an article this week revealing what many defense attorneys already know: the results of breath tests are not always completely accurate. These tiny machines used to potentially send someone to jail can be misread, miscalibrated, and simply dysfunctional.

According to the report, the Washington DC police department had recently pulled several breathalyzer machines. Police Chief Cathy L. Lanier is quoted as saying “It’s good that we caught it ourselves and pulled these machines immediately.”

The issue in this case seems to be with calibration of the machines. Slight changes within the machines can be all that’s necessary to send someone over the legal limit of .08%. The report suggests that at one time, the department was functioning with 8 out of 10 of their breathalyzers on a defective status.

The Metropolitan Police Department along with the city’s Attorney General’s office are investigating and are said to be issuing a report sometime in coming weeks.

Regardless of where you are, within the metro or in outlying burbs, breathalyzers used in DUI arrests and convictions are far from reliable. Whether police departments recognize it or not, the potential for error is great. Across the country these tools, however, continue to be used often as the main source of evidence in a DUI case.

When arrested for a DUI charge it is crucial you speak with an attorney knowledgeable of the workings of these machines. If the District of Colombia has charged you with a DUI and your breath test results are a big factor in your case, this specific incident in the city could potentially help your case.

Even a first time DUI charge in DC carries up to 90 days in jail. Losing your license for 6 months can be devastating and cause far reaching effects on your family life and your employment.
If you are facing charges of DUI in DC or Maryland, I can help. Contact me today for a consultation on your case.

Maryland Considers Banning Facebook/Text Harassment

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Two bills before the Maryland legislature seek to expand the legal definitions of “harassment”. As technology evolves, so must the laws and as they stand harassment laws only cover telephone harassment and email.

According to the Washington Examiner, bullying someone via text or on social networking sites like Facebook could soon be against the law. There have been several reports in the media lately about such harassment, supposedly making these laws necessary.

Email was added to the harassment laws back in 1998. According to the statute, however, it only applies to messages sent from one person’s IP address to another’s, which just doesn’t fit posting on networks like Twitter, Facebook, or MySpace. Electronic harassment, if the legislation passes, would be applicable to all of these and also contain working banning harassment via text messages.

The penalty for these offenses would also be boosted, punishing it similarly to telephone harassment with a maximum sentence of 3 years in prison and $5,000 in fines.

Like stalking, harassment charges typically happen between two people who know each other. While recent examples in the media have involved high school students, harassment among adults is still quite common.

Oftentimes, the person accused of harassment doesn’t even realize that what they were doing could be considered a criminal offense. Unfortunately, however, ignorance of the law is not a justifiable legal defense.

If you are facing charges of harassment I can help. When accused of putting someone in fear, threatening them, or even stalking them, you can feel like the whole system is set up against you. This is where having an aggressive defense lawyer comes in handy.

Contact me today for a consultation on a Maryland criminal charge.

Ignition Interlock Device Laws Debated

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Proposed new legislation to require ignition interlock devices for anyone convicted of a first time DUI charge in Maryland got a boost, when Governor O’Malley went on record supporting such a measure, stating he would sign the bill.

The bill passed the State Senate last year, but was stalled by the House Judiciary Committee. The chairman of that committee is known to be a criminal defense attorney who is skeptical of these measures, but there is good reason to question whether this legislation would go too far in punishing average citizens.

An ignition interlock device is a system that requires a driver to blow into a device and prove that they don’t have any alcohol on their breath before the car’s ignition will start. The device

Restaurant and bar industry advocates suggest that it is unfair to tag someone who makes a one-time mistake, barely over the legal limit of .08%BAC with the same penalty as someone with a history of alcohol abuse, who may be driving several times over the limit for alcohol impairment. A law like this takes away judicial discretion to make a distinction between these two types of cases, and would require an interlock device to be installed for any 1st offense DUI. Current law makes these devices available at a judge’s discretion, or in cases where a defendant may choose a shorter license suspension in exchange for one of these devices.

The new law would require the devices for anyone facing DUI penalties, even if they are given a Probation Before Judgment, or PBJ, which is not considered the same as a conviction by Maryland DUI laws.