Author Archives: Jay Butchko
When Is a Photo Array Identification Inadmissible in a Criminal Trial?
Police lineups and photo arrays are familiar to anyone who has ever watched a television crime drama. But how credible are eyewitness identifications of this sort in real life? And what if a witness initially identifies someone but later hesitates or walks back their answer? Md. Court of Appeals Reverses Armed Robbery Conviction Based… Read More »
Maryland Adopts Changes to Spousal “Elective Share” Rules
The Maryland legislature recently made significant changes to the state’s “elective share” law. The elective share refers to the right of a surviving spouse to receive a share of their deceased spouse’s estate, notwithstanding the provisions of the deceased spouse’s will (or intestate succession law if there is no will). Under existing law, the… Read More »
How Poor Financial Decisions Can Affect Your Ability to Obtain a Security Clearance
Financial problems can seriously affect your ability to obtain or retain a government security clearance. Under the guidelines used by the U.S. Department of Defense (DOD), an applicant’s “[f]ailure or inability to live within one’s means, satisfy debts, and meet financial obligations” may be cited as evidence they cannot be trusted with classified information…. Read More »
Responding to Interrogatories from Defense Office of Hearings and Appeals (DOHA) or Department of Defense Consolidated Adjudications Facility (DoD CAF)
Have you received Interrogatories from the Department of Defense Consolidated Adjudications Facility (DoD CAF) or the Defense Office of Hearings and Appeals (DOHA)? If so, you are probably feeling like all other individuals who have received them in the past, and as those will feel in the future – nervous, anxious, scared, and confused…. Read More »
Can I Get and Extension of Time to Respond to the Statement of Reasons (SOR)?
Have you received a Statement of Reasons (SOR) from the Department of Defense Consolidated Adjudications Facility (DoD CAF) or other Government Entity revoking or denying you a security clearance? If so, you are probably feeling like all other individuals who have received them in the past, and as those will feel in the future… Read More »
Dealing with Construction Contract Disputes
When it comes to contracts, most people do not think about the specific language unless there is a dispute. For example, when a builder and a homeowner sign a construction contract, there are a number of clauses that specify each party’s respective obligations. In an ideal world, the construction goes smoothly and nobody needs… Read More »
Can the Police Frisk Me If I’m Just Sitting in My Car Minding My Own Business?
When facing serious criminal charges, you have the right to challenge the means by which the prosecution obtained any evidence against you. The Fourth Amendment protects you against unreasonable search and seizure. This means that if the police conducted an illegal search of your person or property, any evidence obtained cannot be used against… Read More »
Will My Heirs Have to Pay Maryland’s Inheritance Tax?
Maryland is one of the few states to collect an inheritance tax as part of the probate process. This means that you need to be aware of what types of inheritances are considered taxable as part of your own estate and succession planning. And while the prospect of your heirs paying any tax at… Read More »
Can Hearsay Evidence Count Against Me in a Security Clearance Appeal?
When the Department of Defense denies your application for a security clearance, you do have the right to appeal and ask for a hearing. Such hearings are administrative in nature, however, rather than criminal. This means that certain types of evidence that are not admissible in a normal court may still be considered by… Read More »
What Is “Loss Mitigation” and How Does It Affect a Foreclosure Proceeding in Maryland?
Most Maryland residents rely on a mortgage when purchasing their home or other real estate. If the borrower defaults on the mortgage, the lender has the right to foreclose on the property. But this can lead to significant financial losses for the lender. To help avoid such outcomes, loan servicers–the middlemen who typically accept… Read More »
