Understanding "Implied Consent" in Maryland DUI Cases
January 9, 2025
Under Maryland law, every driver on the state's roads has given implied consent to submit to chemical testing (e.g., breath or blood tests) if suspected of driving under the influence (DUI) or driving while impaired (DWI). This means that by holding a Maryland driver's license or operating a [...]
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Hospital Blood Draws in Maryland DUI Cases
January 9, 2025
Hospital blood draws often play a pivotal role in Maryland DUI cases. These tests can provide critical evidence of blood alcohol content (BAC) or the presence of drugs. However, admitting such evidence in court requires meeting stringent legal standards. This article provides an overview of the evidentiary requirements, [...]
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A Guide to Juvenile Expungement Under Maryland Law
December 19, 2024
--- Maryland provides juveniles with a second chance to move forward by offering the opportunity to expunge certain juvenile records. Under Section 3-8A-27.1, juveniles who meet specific criteria can petition the court to clear their records. This post will explain the eligibility requirements, process, and benefits of juvenile expungement [...]
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CDS Distr Etc. W/Firearm: CR 5-621(b)(2) | CDS Distribution w/ a Firearm
December 13, 2024
Drug distribution charges in Maryland carry significant penalties, but when combined with possession of a firearm, the stakes are even higher. Maryland Criminal Code 5-621(b)(2) addresses the possession or use of a firearm during the distribution or attempted distribution of controlled dangerous substances (CDS). If you or [...]
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Crimes of Violence in Maryland: What is a Crime of Violence under Maryland Law
December 13, 2024
Violent crimes are a critical concern for any society, prompting stringent legal measures to deter offenders and protect communities. In Maryland, the state has established comprehensive laws to define, penalize, and manage individuals convicted of violent offenses. Two pivotal statutes- Public Safety Article 5-101 and Correctional Services Article [...]
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Possession of Firearms in Relation to CDS Offenses: CR 5-621(b)(1)
December 12, 2024
Maryland enforces strict laws regarding the possession of firearms in connection with controlled dangerous substances (CDS). Under CR 5-621(b)(1), individuals who possess a firearm while engaged in certain CDS-related activities face severe penalties. This law reflects Maryland's commitment to combating the intersection of drugs and firearm-related [...]
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Maryland's Pattern Jury Instructions: Understanding Evidence of Defendant's Good Character
December 3, 2024
In Maryland criminal trials, defendants are presumed innocent until proven guilty beyond a reasonable doubt. While the prosecution must prove the charges, the defense can leverage evidence of the defendant's good character to create reasonable doubt about their guilt. Maryland Pattern Jury Instruction MPJI-Cr 3:20 highlights how this [...]
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The Implications of Maryland's Restricted Firearm Ammunition Law
December 3, 2024
Maryland law prohibits the possession or use of certain types of firearm ammunition, particularly when used in connection with violent crimes. This regulation, outlined under Maryland Code, Criminal Law Section 4-110, focuses on enhancing public safety by restricting high-risk ammunition. --- According to Section 4-110, "restricted firearm ammunition" is defined [...]
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Voluntary Intoxication as a Defense in Maryland Criminal Law
November 25, 2024
When facing criminal charges, defendants often explore all possible defenses to mitigate or negate liability. One such defense is voluntary intoxication. However, Maryland law imposes strict limits on this defense. This blog delves into the nuances of voluntary intoxication as a defense, referencing the Maryland Pattern Jury Instructions [...]
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Mistake of Fact as a Defense in Maryland Criminal Cases
November 25, 2024
In Maryland, a defendant may assert a mistake of fact as a defense if it negates an element of the crime. This defense acknowledges that people sometimes act based on incorrect beliefs about their circumstances. While this defense does not apply to all charges, it can be a [...]
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