Category Archives: Criminal Lawyer
How Far Does A Court’s Discretion Stretch?
In many states, including Maryland, a court sentencing a defendant has very broad discretion. However, that discretion is not limitless, and it is subject to review and modification if changes happen, either in an individual case or in state or federal law. The Court of Special Appeals recently handled a case dealing with a… Read More »
What Happens When The Police “Only Pretend To Honor” Your Right To Remain Silent?
One of the bedrock principles of criminal law is that a suspect always has the right to remain silent when questioned by law enforcement. Indeed, if the police start to interrogate you and you invoke your right to silence, the questioning must stop immediately. Of course, police often look for ways to get around… Read More »
Can Legal Conduct Still Constitute A Crime?
In most situations, a person commits a crime when they engage in conduct that is unlawful. However, there are some situations where behavior that would otherwise be perfectly legal can constitute a crime, because the person acting in that manner intends to do so for an illegal or otherwise malevolent reason. An opinion out… Read More »
How “Unfriending” Someone Online May Be Used Against You in a Criminal Trial
Social media has become a daily part of our lives. One consequence of this is that anything a person does or says online may later be introduced as evidence in a civil or criminal trial. This poses special challenges for criminal defense, as it is critical for judges to properly authenticate the validity of… Read More »
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 »
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 »
Are Text Messages to My Spouse Admissible Evidence in a Criminal Trial?
If you watch enough television courtroom dramas, you have probably heard about the concept of “spousal privilege,” i.e., the idea that one spouse cannot be compelled to testify against the other in a criminal trial. In reality, spousal privilege actually takes two forms. The first is what is described above, which is known as… Read More »
