D.C. voters have spoken and are prepared to bring a ballot measure that would either decriminalize small amounts of marijuana or legalize it altogether. But, city councilmembers aren’t convinced that having the voters write the policy is the best idea. Marion Berry (D-Ward 8) and Tommy Wells (D-Ward 6) are just two that are looking at a decriminalization bill that would beat voters to the punch. [Read more…]
Maryland Medical Marijuana Law & Death Penalty Repeal Signed into Law
It was a big week in the world of Maryland criminal law as the Governor took on the death penalty and medical marijuana—two very hot topics. According to the Washington Post, Governor Martin O’Malley held a ceremony that lasted over two hours, signing 266 measures that passed in the last legislative session. But, the death penalty repeal and medical marijuana laws were likely the most popular. [Read more…]
D.C. Residents Support Marijuana Legalization
It’s no longer shocking to see headlines where massive numbers of people speak out in support of marijuana legalization. It’s a growing phenomena and as the people increasingly support freeing up pot, the questions about federal involvement similarly increase.
According to the latest poll from Public Policy Polling, people in the District of Columbia are the latest to add their voices to the steady hum of those calling for legalization. [Read more…]
Maryland Legislature Passes Medical Marijuana
A cloud of marijuana smoke is moving across the country, changing laws and the views of many people on the vilified plant. Maryland lawmakers are the latest of many to pass legislation changing how their state deals with marijuana, potentially making their state next-up for a tightly regulated and controlled medical marijuana program. [Read more…]
Will Maryland Be Next for Marijuana Decriminalization?
A bill that would decriminalize possession of less than one ounce of marijuana has been introduced into the Maryland legislature by Senator Bobby Zirkin. And while this would seem as a promising move at first blush, many don’t believe Maryland is ready for any truly liberation of the plant. [Read more…]
Study, Neighborhood Residents Disagree on Methadone Clinics
Generally, neighborhood residents in the Baltimore area do not want methadone clinics in their communities. They see the clinics as breeding places for crime and loitering. But their arguments are rarely backed with statistics. A new study from the University of Maryland School of Medicine, however, is backed with statistics and those stats say apprehensive community members may be wrong.
According to the Baltimore Sun, the study is the first of its kind, looking at the link between crime and methadone users.
It analyzed FBI Uniform Crime Report (UCR) data from the Baltimore Police Department, looking closely at crime surrounding 13 different methadone clinics. The study focused on a two year period and compared those areas with the clinics to similar areas without clinics. What they found was that there was no relationship between methadone clinics and increased crime.
“I think there is still a very bad perception of methadone clinics,” said the University’s Dr. Susan Boyd. “There are many more people out there who need treatment, but there are not enough slots and clinics available, and part of it is because of the community stereotypes they have about methadone clinics.”
Methadone is a prescription drug used to ward off the cravings for opiates like heroin. By using methadone, users can avoid heroin withdrawals. While some say this is simply trading one addiction for another, others argue that methadone is not nearly the drug that heroin is.
Neighbors of the clinics see patients as drug abusers and this colors their perception of the clinic and activities surround them.
Joel Prell, operator of a Pikesville methadone clinic says he believes that residents are scared of the clinics due to misconceptions. “It’s the fear of the unknown and stereotypes. What most people don’t understand about drug treatment programs is that it works.”
At least one methadone user interviewed for the Baltimore Sun admits that before methadone, he would rob to support his heroin habit. The 73-year old methadone user says that he stopped committing crimes when he began methadone treatment.
Drug addiction is a serious battle waged by many people within the city of Baltimore, some of them come out triumphant and others don’t. For many, drugs are the gateway into the criminal justice system. Some of these people, arrested for drug-related crimes, find that they can use their arrest as an opportunity to get help.
If you have been arrested for a drug offense and are curious about your options for treatment, we may be able to help. Drug courts and other options exist to help you get off of drugs and back to a normal, productive life. Contact our offices today to discuss your case and what can be done.
Maryland Cops Can Stop For Window Tint
A Maryland court of Appeals clarified under which conditions law enforcement can stop cars who seem to have illegal tint on their windows this past week. Basically, they found that if an officer can articulate in a credible manner what made the vehicle appear to have illegal tint, it can be stopped. Their wording suggests, however, that cops may want to have a tint testing device handy when making those stops, however.
Maryland law states that no less than 35% of light can be transmitted through a vehicle window for it to be considered legal. More often than not, the initial estimate of this and the source of a fine is nothing more than a guess by officers.
The case that brought the issue before the Court of Appeals involved a man driving a vehicle that was suspected of carrying drugs. The officer had no legal justification for stopping the car he saw, even though he thought it to be the suggested drug car. The tint, however, did appear suspiciously dark.
According to the officer, the vehicle’s driver was obeying all traffic laws but noticed at an intersection that he couldn’t see into the vehicle. This was the basis of his traffic stop—possible illegal tint. By the officer’s own admission, he hadn’t received any training on window tinting but that he believed he should have been able to see inside.
In the vehicle was found cocaine and marijuana. The Circuit Court in the driver’s criminal case suppressed the evidence stating it was an illegal seizure as there wasn’t sufficient probable cause to stop and search the car. The Court of Appeals agreed.
When the police search you or your vehicle, they must follow the letter of the law. This includes having what’s referred to as probable cause or a warrant. Without it any evidence seized might not be admissible in court, as the drugs in this case weren’t.
According to the Baltimore Sun, 30 State Troopers carry light meters, able to test tinting while about 1,500 do not. By their own estimate, if you can’t see in the vehicle, you may want to get it checked before you end up in a questionable traffic stop.
Criminal evidence can take many forms. All criminal evidence must be seized legally for it to be used against you in court. As a Maryland criminal defense attorney, it’s part of my job to look at how the evidence against you was taken and to ensure your constitutional rights are protected throughout the criminal process.
If you’re facing charges, contact me today for a free consultation on your case.
Second Degree Assault for Threatening with Sword
A Maryland man was sentenced to 18 months in jail on a second degree assault charge, after threatening a group of people with a sword.
Via the Herald-Mail and washingtonpost.com, This strange story is the result of a heroin drug problem. The defendant was supposedly high on heroin at the time of the assault, and the rational for the assault was an attempt to collect money from a previous drug sale.
The man brought the sword thinking the men at the house were armed with guns.
Clearly, this was not a well thought out plan.
A significant jail term is unusual with assault and battery charges where ultimately no one was injured, but certainly the unusual circumstances, the drug abuse, and the potential for severe injury, it is not completely surprising.
Under Maryland law, the maximum penalty for second degree assault is 10 years in prison.
Maryland Man Almost Serves 14 Additional Unwarranted Years in Prison
Just how much can one clerical error cost? Well, for one man in Maryland, a simple error nearly cost him 14 years of his life. One entry into the state’s criminal records database meant the difference between 6 years and 20 years behind bars.
According to the Baltimore Sun, the man didn’t have a clean record when he faced federal weapons charges in 2006 but he didn’t have the kind of record that officials thought he did.
The problem arose when a charge he faced in 2000 was entered into the system as a conviction. It would have been his third felony distribution charge for the man and would have qualified him for a enhanced sentence for the federal weapons charge. And because that’s the way it was entered in the system, he was sentenced to 235 months in the federal prison system as opposed to the 77 he should’ve faced.
Under federal laws, the third conviction would have deemed him a career criminal, the type of person the courts want to keep off the streets. But this particular defendant knew he was right and knew he wasn’t convicted in the 2000 drug distribution case. So he fought.
He filed appeal after appeal and even petitioned the U.S. Supreme Court to hear his case. They rejected him and Appeals Courts upheld the sentence. He finally petitioned to have his sentence corrected.
The burden was on the defendant to prove to the courts that he had never received that 2000 conviction despite what their computer system showed. He had the paperwork to back his claims and won. The defendant was recently resentenced in a rare case of a clerical error with nearly disastrous effects.
The Court’s skepticism for this man’s claims is no doubt based on hearing numerous baseless appeals every single year. And according to the Sun, the Maryland U.S. Attorney stated this was the first case that he had personally heard of where the information within the state clerk‘s records were incorrect.
When you face criminal charges, this is the exact kind of thing that can put undue stress on you. It’s bad enough to be looking at a lengthy prison sentence or even a few months in jail. But, when you have to worry about whether or not everyone involved in your case is doing their job, it becomes nearly unmanageable.
If you are facing criminal charges and in need of an advocate on your side, call our offices today. We will give you a free consultation on your case and some valuable legal advice.
Ten Baltimore Residents Face Serious Drug Charges
The Baltimore Sun is reporting several raids this week in the Northeast Four-by-Four neighborhood. Eight locations and 150 officers led to 10 people being indicted on federal drug charges. This area has apparently been overrun with drugs and violence over the past several years.
The raids included federal and local officials interested in cleaning up the neighborhood and the “clandestine operation” controlling the drug trade there. The alleged ringleader of the operation is said to have a violent past including several previous convictions for assault and drugs and being a suspect in four unsolved murder cases.
Weapons and drugs, officials say, were kept in the homes of neighbors and conspirators in the neighborhood and even around the homes. Although this investigation was led by the Bureau of Alcohol, Tobacco, and Firearms and has resulted in charges that will be addressed in federal court, the suspects could just as easily be facing state criminal charges.
A single charge of possession with intent to distribute a Schedule I drug like cocaine or heroin can result in up to 20 years in prison. If this isn’t your first offense, you will likely be mandated to spend a minimum of 2 years behind bars, regardless of the drug in question.
If the charge you are facing is a drug possession charge rather than a distribution charge, the penalties you may be up against are a little less severe. Posession of cocaine carries a maximum sentence of 4 years in prison.
If, however, this is your first charge there’s a good chance you won’t serve any time at all. Depending on the facts of the case, you may be eligible to serve probation instead. This is based on your criminal history, your charges, and the likelihood of you succeeding on probation.
The bottomline is, you don’t have to be involved in a gang or a huge drug operation to face serious charges. Charges like possession and even possession with intent to distribute can be levied even against recreational drug users. Knowing just how to handle these charges in a court of law, however, is the business of your attorney.
If you are facing drug charges and unsure of your options or what kind of time you may be facing, call me today. I can give you a free consultation on your case and provide some valuable legal advice.