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Baltimore Leaders Push Lawmakers For Stricter Gun Control

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Baltimore City Leaders testified before the Senate Judiciary Committee this week in an effort to gain support for stricter gun laws and tougher penalties for those who run afoul of any state weapons offenses. The battle they face, however, seems to be an uphill one as lawmakers are resistant to making stricter laws when it seems Baltimore is the only area of the state in need of them.
Among the changes is a potential addition of 10 years to the already five year mandatory sentence for felon in possession of a handgun, making it a 15 year mandatory sentence. Another proposal on the table—increasing an illegal gun possession charge a felony with a mandatory 18 month sentence.
More than anything, it seems, the lawmakers want to ensure the laws aren’t overreaching. In regards to one proposed law, that would increase the sentence of possession of a loaded handgun from 30 days (misdemeanor) to 18 months (felony), a lawmaker states “It is unsafe? Yes. Is it a mistake? Yes. But should you be a felony and spend 18 months in jail? This bill is overreaching.”
Lawmakers year after year have to find a balance between public safety concerns and creating a police state, potentially infringing on the 2nd Amendment right to bear arms. Supporters of the measure state it would still be within the discretion of the prosecutor to charge the offense as a misdemeanor, handing the ultimate sentencing decision to a prosecutor rather than a judge.
The Baltimore Sun reports this is the seventh year that city officials have made the trip to Annapolis, voicing their concerns about weapons-safety and urging increased legislation. While such legislation made it as far as the floor last year, the session ended before a vote could take place.
Baltimore unquestionably has the highest crime in the state and the biggest justification for wanting tougher gun laws. But in an effort to make things safer there, lawmakers are worried about getting innocent gun owners wrapped up in the system.
As it stands, Maryland gun laws are pretty strict and it’s not all that difficult to find yourself facing felony gun charges. Some of the more common weapons violations we see in Maryland courts are listed here and as you can see, they carry some pretty serious penalties as it is.
If you are facing gun charges in Maryland, particularly in the city of Baltimore, you could be facing an uphill battle of your own. Having an experienced defense lawyer on your side is crucial in ensuring you get the best results possible on your day in court.
Contact our offices today for a free consultation on your case.

Tis the Season For Increased Thefts?

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It’s holiday time and as Peter Herman with the Baltimore Sun reports, it’s time for law enforcement to start issuing mass warnings about everything from locking your bags in your trunk to leaving your lights on at home when you leave the house. But is there really a peak in theft related crimes over the holidays or is this just a fallacy?
Interestingly, despite the belief that everything from theft to domestic violence peak over the holidays, the statistics tell another story.
With regard to car break-ins, one of those offenses we commonly hear the news and police agencies warning about, there were 57 such crimes in 2009 over a week’s time period including the busiest shopping day of the year—Black Friday. In August of that same year, there were 178 of those break-ins.
Similarly, domestic violence crimes are thought to rise over the holidays when stress is high and finances are often stretched thin. But, according to the Md. Network Against Domestic Violence, November and December 2009 were the two months with the lowest domestic violence complaints.
Despite the numbers telling a different story, the police will likely continue to send out their holiday warnings, with local news stations doing the same sort of thing. Keep your shopping bags in your trunk, never leave your house dark when out of town, and remember to be vigilant on the crowded roadways!
One criminologist states that larcenies do spike over the December month, however, leaving some questions about the trend and the warnings. Also, the roadways do seem to become deadlier as the number of people traveling increases.
With such conflicting data and opinions, maybe the police are right—better safe than sorry. And if you are one of those people who stands on the other side of the law, accused of committing holiday thefts or even being charged with a DUI after a holiday party, know a criminal defense attorney can help.
Whether you are facing reckless driving charges or assault—contact us today for a free consultation on your case.

Marijuana Possession Case Leads to Humorous Appeals Court Opinion

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A Baltimore man who was sentenced to 60 days in jail on a marijuana possession charge lost his appeal in the Maryland Court of Appeals. A Baltimore Sun crime blog entry exposes the humorous wording of the official opinion of the court, who mentioned the appellate as acting “groovy” and even cited the classic marijuana comedies of Cheech & Chong.
The man’s conviction was upheld as the court determined his proximity and “groovy” attitude was enough to establish possession of the marijuana blunt burning in the ashtray upon police entry into the home. Apparently he maintained his laid-back attitude when the cops busted in.
Cheech and ChongIn the footnotes of the opinion, the court took the time to explain exactly who Cheech & Chong were so as not to lose anyone in the reference to them. A brief career summary was provided for the duo looking more like a bio found on IMDB than a state appeals court opinion.
The court also provided a paragraph definition of “blunt”, again to ensure anyone reading the opinion would be able to follow along. The footnotes read, “A police witness testified that to create a blunt the smoker obtains a legitimate cigar, removes the tobacco, and substitutes marijuana for the tobacco. The smoker then rolls the wrapper and the marijuana back into the shape of a cigar and lights up.”
Court opinions rarely offer insight into pop culture and even more rarely hint on the verge of humor. While the appellate who lost his case likely isn’t laughing, those in the legal community can see humor in this unusually written opinion.
Laughter aside, however, it’s a good example of the legal definition of “possession”. You don’t have to have a marijuana cigarette in your hands, your pockets, or even touching you to be found in possession. Your proximity, which allows you to reach out and control the item, is often enough to charge you.
Whether you’re talking about pot, another drug, or even a weapon, possession doesn’t always mean physical possession. “Constructive possession” is a legal term used to describe exactly this situation. It refers to you having knowledge of the drug’s presence and the ability to maintain control over it.
So, while the drugs may not have been in your hands, you can still be charged and potentially convicted of possession.

Simple Md. Criminal Case Reveals Complex Legal System

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An appeals court recently upheld the conviction of a man whose arrest began with a bad shot. His bad aim led to a confrontation with police which landed him with a 60 day jail sentence. The story goes to show that not all criminal charges are the result of a planned or morally questionable motive.
According to the Baltimore Sun, the defendant in this case was walking along Market Street in Frederick when he threw a newspaper to his friend. He missed, hitting a patrol car instead. The officer in the car exited the vehicle and that’s when things went bad.
The officer reported that when he confronted the paper boy he became loud and confrontational, yelling obscenities and causing a scene. He was eventually convicted of resisting arrest and failing to obey the order of the police. His sentence: 60 days in jail.
His attorney appealed the conviction on the grounds that he was simply exercising his right to free speech. The court determined it was the defendant’s volume that caused the problem, not the content of his speech. Apparently, the confrontation was loud enough to cause patrons of a local bar to come outside and watch.
Also at issue was the right a person has under Maryland law to “offer reasonable resistance to an unlawful arrest”. However, once the arrest was deemed lawful and not in violation of the defendant’s first Amendment rights, this argument failed to hold water.
This case is a good example of how things aren’t as clear cut when they are dissected in a court of law. The law is a very precise thing. In order to be charged and convicted of a crime and for that conviction to be upheld, it must adhere to every letter of the law and not violate your rights.
It also shows how a defense lawyer can often find many opportunities to challenge the rulings made, whether your ultimate conviction or the simple admissibility of evidence and testimony. An aggressive defense attorney will analyze your case and ensure they are leaving no stone unturned.
Whether you are facing charges like possession of a controlled substance and believe the evidence was seized in an illegal search or if you are up against charges of disorderly conduct for a misunderstanding with police, I can help.
Contact our lawyers today for a free consultation and evaluation of your case.

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.