Criminal Defense Attorney in Maryland: Everything You Need to Know About Expungement

            We get asked every day whether a specific crime can be expunged from a person’s record.  There are several factors that go into determining whether a crime or citation is eligible for an expungement.  Last year, Maryland expanded the types of things that were eligible for expungement.  For example, acts that were once considered a crime, but are no longer treated that way are eligible for expungement.  What has not changed are the following outcomes, which are still expungable:

   ·         Charges that have been dismissed

   ·         Stetted (an indefinite postponement)

   ·         Nolle prossed (State’s Attorney decides not to prosecute the charge)

   ·         Found not guilty

   ·         Probation Before Judgment (PBJ) (Note: If you received a PBJ for an alcohol-related traffic                 offense, that is not eligible for expungement)

The next question we always get is when can I file for expungement?

   ·         Charges that have been dismissed, nolle prossed, or were acquitted (found not guilty) are eligible         to be expunged right away once a general release and waiver of any and all people against whom         you may have a legal claim as a result of your arrest

   ·         If your case was placed on the stet docket or you were found guilty of one of the expungable              crimes, you must wait 3 years from the date of the Court’s disposition to file for expungement

   ·         If you received a PBJ for something other than an alcohol-related traffic offense, you are eligible to    file for expungement after 3 years from the Court’s disposition or at the end of the probationary          period, whichever is longer

How do I file for expungement?

   ·         There is an application that must be completed and sent to Court

   ·         Any district or circuit court has forms available, or you may access the form online at                           www.courts.state.md.us

   ·         There is a $30 filing fee that is submitted to the clerk

If you have questions about expungement in Maryland call us today to speak to one our experienced Maryland criminal defense attorneys or if you would like more information please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/

Maryland Criminal Defense Attorney: Mandatory Jail Time for Carrying Illegal Guns

           A new gun control bill is set to be introduced next month in the Maryland General Assembly.  This bill sets out to send people carrying loaded unpermitted guns to jail for at least one year.  There are far too many people in Baltimore carrying illegal guns that end up being used to kill others.  Of the record number of 344 homicides last year, 90% were the result of gun violence.  On top of that, 900 people were wounded in a gun-related incident.  Gun violence as a whole in Baltimore jumped 75% compared to the previous year.

            

          This approach to levy harsher penalties is certainly a change from previous attempts to combat gun violence.  Instead of restricting firearm sales, as was previously tried, offenders would face at least one year for possessing a loaded illegal gun.  Current laws treat this crime like a first-time DUI in Maryland, which means minimal consequences.  Just like first-time DUI offenders are not deterred much from driving drunk again, gun offenders are not deterred by current laws to not possess illegal weapons.

            

         With the threat of mandatory minimum of one year in jail for this crime, it is likely that it will have an effect on gun violence.  While many lawmakers support the bill, some oppose it because they do not think it will change anything.  As one lawmaker put it, this change in penalty is targeted at the people who break the law.  Much of the violence occurring throughout Baltimore can be attributed to people carrying unregistered weapons.  For those who opposing this bill because they believe the penalty is too harsh, they need to consider that it will not affect the law abiding gun-owning citizens who are involved in the gun violence.  This bill is targeted at one of the main causes of the gun violence throughout the city.

            

         If you have been charged with possessing an illegal firearm in Baltimore, call us today to speak to one our experienced Maryland criminal defense attorneys or if you would like more information please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/

Maryland DUI Attorney: General Assembly Working Towards Passing Stricter Drunk Driving Laws

            Today, the Maryland Senate passed a bill that would hold drunk drivers liable for punitive damages if they have a previous DUI conviction in the last 10 years and caused the victim’s death or injury while driving with a BAC at or above 0.15.  As expected, state legislators are moving closer towards strengthening DUI laws in Maryland.  This bill now faces a vote in the House of Delegates.

            

            For those who do not know, punitive damages are rarely awarded in Maryland, and will only be awarded when the defendant acted with “evil motive, intent to injure or ill will.”  When a person chooses to drink and drive, they clearly have an intent to injure either themselves, someone else, or both.  This is certainly a step in the right direction of trying to reduce the number of drunk driving related injuries and deaths.  If this bill survives the House and becomes law, not only will drunk drivers face criminal penalties and paying civil damages for injuries sustained by the victim, but they could also face punitive damages, which are damages meant to make the victim or their family whole again and to deter the defendant from doing this again.  As the bill’s chief sponsor stated, punitive damages are meant to “send a statement by Maryland that we do not accept this kind of conduct, that it is intentional conduct.”

            

          This is just one example of possible changes coming to Maryland drunk driving laws in the future.  There has yet to be any proposed legislation that would require an ignition interlock device for all first time DUI offenders.  Many proponents for strengthening the state’s DUI legislation believe that interlock devices must be required for all DUI offenders.  Statistics have shown that if Maryland had this law in place, many innocent lives would have been saved.

              

         If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Laurel or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

MD DUI Attorney: Hosts of Underage Drinking Parties May Soon Face Stiffer Penalties

           The issue of adults hosting parties with alcohol for their underage children and their children’s friends has been a hot topic in the last year.  Currently, Maryland law makes it a misdemeanor crime for adults to “knowingly and willfully” allow someone underage to possess or consume alcohol in their home.  However, the issue of whether the adults can be held civilly liable as well is not clear.

            

            The criminal statute includes the ability to bring a civil action against adults who violate the law, but there is no right-to-sue statute associated with this crime.  Court of Appeals judges are divided as to whether a civil action may be brought.  Attorneys argue that civil liability may not be brought without a right-to-sue statute.  Judges, however, claim that in a negligence action, they do not always wait for the legislature to add a right-to-sue statute.  Another issue some of the judges have is where to draw the line as to when an adult is negligent based on their duty to prevent injury while an underage child is drunk.  One Judge believes that a parent should not be held liable when a child sneaks a beer without the adult knowing.  In situations where an adult knowingly provides alcohol to underage kids and hosts a party at their house, civil liability should be allowed. 

           

            There is legislation pending in the General Assembly that would impose jail time on adults who violate the criminal law.  Currently, there are just minimal fines in place for violators.  In the last year, there have been a couple high-profile incidents of adults hosting underage drinking parties where children leave the party, drive drunk, and kill innocent people.

If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Frederick or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

Maryland DUI Attorney: Before You Plead Guilty to DUI -- Three Things You Need to Know

            1.       Does the State actually have the evidence they need to convict you?

Every DUI charge is different, and the circumstances around your case may provide you with a real defense.   An attorney is extremely valuable in helping you assess the State’s proof.  Consider this common set of facts:  You have one beer at a bar and drive home.  Someone witnesses you swipe a parked vehicle and then walk a little off balance into your home.  You didn’t realize you hit the car, so you go inside and have a few drinks while you unwind for the day.  45 minutes later, the police are at your door.  You fail the field sobriety tests and blow a 0.10.  The police charge you with DUI.

              It may seem counterintuitive, but arguing to the State that you had several drinks after you drove home can actually help you.  The State has to prove that you were intoxicated when you drove the car.  The gap in time between when you drove and when the police took your BAC may be long enough to exclude that evidence.

2.       Being proactive before your trial will make a difference at sentencing.

If it becomes clear that a guilty plea is in your best interest, there is a lot you can do prior to

your hearing date to improve your outcome at sentencing.  Entering a treatment program is a great way to show the judge that you are taking responsibility for your actions.  It’s important that you be honest with the treatment evaluators about the circumstances of your DUI case and whether you have any prior DUI’s.  A judge may not look so kindly on your completion of a weekend treatment program when it’s your third DUI and you didn’t tell the evaluators about the severity of the issue. 

3.       Be prepared for the consequences.

Judges take DUI cases very seriously.  While jail time is uncommon for first time offenders,

supervised probation is a standard consequence and is frequently accompanied by conditions.  Such conditions may include monitoring through the drinking and driving monitor program (DDMP), attending AA meetings, totally abstaining from alcohol, or completing an extended treatment program.  Conditions of probation frequently carry their own fees in addition to the fines imposed by the court.  Mentally preparing yourself for these consequences can help to lessen the blow when you face sentencing.  You should also prepare your pocketbook, because the court’s fines are usually due on the date of sentencing.

            If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Rockville or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

Maryland DUI Attorney: DUI Arrests for 2015 Show Dramatic Increase Compared to 2014

             Maryland’s DUI laws have been a hotly contested topic recently, especially after high-profile DUI-related deaths.  Many believe that Maryland’s drunk driving laws are not strict enough.  There are 25 states that require an interlock device to be installed for all DUI offenders; Maryland is not one of these states.  In 2014, there were 450 DUI arrests, and in 2015, that number jumped to over 550.  With hopes that 2016 will not continue the trend, we are not off to a good start so far, with close to 100 arrests. 

The reason so many officials are hoping lawmakers will change Maryland’s DUI laws to require an interlock device for every DUI offender is because statistics show fatalities are cut almost in half.  According to MADD officials, the interlock device reduces fatalities up to 46.7%.

If the number of DUI arrests and fatalities continue at the pace they are already at so far this year, lawmakers will have no choice but to change the law.  All indications show that this will likely happen, but it impossible to predict when lawmakers will finally make the change. 

Even as the law stands right now, DUI and DWI charges are still very serious and carry serious consequences.  It is very important to hire an experienced DUI attorney to help you defend against these charges.

If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Rockville or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/