Employee Spotlight January 2019

Please join us in welcoming one of our newest Attorneys, Mr. Guy Saint Pol Maydieu. Guy is a Maryland native having grown up in Montgomery County and graduating from Thomas S. Wootton High School in 2002.  He received his Bachelors of Science Degree at Old Dominion University in 2007.  Following his graduation from Old Dominion University, he served in the United States Army.  While on active duty, he deployed overseas from 2010 to 2011.  Guy left the United States Army in 2012.  He then entered the University of Baltimore School of Law in the Fall of 2012.

While in law school, Guy was a member of the Brand Names Moot Court Team.  He also worked as a Law Clerk for the Office of the Public Defender.  In his final year of law school, Guy worked as a Legal Assistant for a Private Criminal Defense Attorney in Baltimore City.  He received his Juris Doctorate, with Honors, in the Spring of 2015.

Since graduating from law school, Guy has been in private practice.  His practice areas include personal injury and criminal defense.  In his spare time, Guy enjoys watching movies and television shows, reading, and running.

Shoplifting can do more than put you on the Naughty List

During the Holidays, long register lines and thin wallets might make some individuals consider taking merchandise without paying. Do not do it. Shoplifting is theft, which is considered a crime of moral turpitude. Meaning, the crimes are based on the perpetrator having an evil intent and violates the accepted standard of society. For immigration purposes, those who are not US Citizens may be banned from the United States if found guilty of committing a crime of moral turpitude. In Virginia, shoplifting items worth more than $200 is Grand Larceny, and a felony. The punishment can be up to 12 months in jail and a $2,500 fine. In Maryland, shoplifting items worth less than $1,000 is called property theft, and it’s a misdemeanor. The punishment can be up to 18 months in jail and a $500 fine. Taking items worth more than $1,500 is a felony that can lead up to five years incarcerated and a fine of $10,000. If you’ve received a criminal charge for shoplifting this holiday season, you need a top rated criminal defense lawyer. Call us today.

How a Simple Traffic Stop can Turn into a Drug Arrest

Drug stops often turn into situations like the children’s book “Give a Mouse a Cookie”, let me give you an example. You and your buddies are getting together one night. All of you get into your friends car. While in the car, you all smoke a little weed, you’re enjoying the ride, then all of a sudden you see those red and blue lights flashing behind you; turns out your buddy has a faulty taillight. The police officer approaches the vehicle and is able to smell the odor from the marijuana. This gives the officer probable cause that there are drugs in the car, and therefore the right to search the vehicle.

At this point, you and your friends have been ordered to sit on a curb, potentially in handcuffs. Maybe you all have under 10 grams of weed, which is just a fineable offense. Or maybe one of your friends has an ounce in the car, or worse- harder drugs. The officer then starts the questioning and no one fesses up, or takes ownership of the drugs. Now you’re all under arrest for possession, and depending on the quantity, maybe even intent to distribute.

What was supposed to be a fun night has quickly turned into a trip to the police station, a commissioner’s bail, and the possibility of jail time. You could lose everything. You need an experienced attorney who understands the drug laws, and how to fight for your innocence in court. At Portner and Shure our experienced attorneys will prepare an excellent defense to get you out of the situation at hand. You trusted a friend, now put your trust in an experienced lawyer.

What Clients are Saying September 2018

This charge was the worst experience in my life, but with your guidance and kindness it made things a little easier to deal with. I would definitely recommend your law firm to a loved one or a friend. Thank you again for your kindness.

This case was handled by our attorney, Ms. Molly Cross out of our Columbia, MD office.

Charged With DUI or DWI on Vacation in Ocean City?

Every year, thousands of Marylanders head to Ocean City for a beach vacation, and inevitably, some of those vacationers end up being charged with driving under the influence. Being charged with a crime in a location far from your home is inconvenient to say the least, and depending on the facts, you could be facing jail time.Portner & Shure has office locations all throughout Maryland, including the eastern shore.

With our firm, not only can you have the peace of mind knowing you’ve hired an aggressive, top 10, criminal defense attorney that is familiar with the eastern shore and their court system, but we also have offices conveniently located within 10 miles of your home, so taking that hike to the shore isn’t necessary to meet with your attorney.  If you’ve been charged with DUI or DWI on the eastern shore, call Portner & Shure today.

Contact an Attorney Before Paying your Traffic Fine

Many traffic tickets can be prepaid following the instructions on the paper ticket given to you by the police officer.

Beware! When you prepay a traffic ticket your driving record will show that you are guilty of the offense listed on the ticket.

Prepaying a ticket is basically telling the court you’re guilty and you’d rather pay then spend the time and effort to fight the ticket. Paying the fine isn’t the end of your experience.

Your car insurance rate may go up when the insurance company makes an annual check of your driving record. Besides fines, many traffic offenses come with points on your driving record. 

If you get enough points the DMV in VA or the MVA in MD WILL suspend your license.

A good lawyer, familiar with the Maryland and Virginia motor vehicle codes, can help you reduce points, fines, and provide some complete defenses to a traffic ticket. The money you spend on a lawyer on the front end should save you from spending more on insurance premiums later.

Can the Police Still Search Your Car in Maryland Now that Possession is Only a Civil Offense?

Smelling marijuana in a vehicle has long been a standard justification used by the police to search the vehicle without a warrant. Now that possession of less than 10 grams of marijuana in Maryland is a civil offense carrying a mere $100 fine, the continued use of the scent of marijuana as probable cause to search a vehicle was recently challenged by attorneys in front of the Court of Appeals.

The Court decided that decriminalization is not the same as legality, therefore the police can still search your vehicle based on the scent of marijuana. If you’ve been charged with an offense after a police search of your vehicle, there may still be defenses available to you.  You need Portner & Shure for representation.

Caught Driving Without a License? How to Get a Maryland License Without Immigration Papers

Charges for driving without a license are one of the most common issues new immigrants to the United States face. Many recent arrivals don't realize that a license from their home country does not operate as a valid driver's license in the United States. At Portner & Shure, we help our clients fight these charges. If you've been charged with driving without a license in Maryland, the best thing you can do in your defense is to get a valid license. Since 2013, Maryland law has provided a pathway for individuals without proof of legal residency in the United States to obtain a driver's license. Here's how:

1. File and pay Maryland income taxes for two full years before applying. Then obtain a certification letter from the Comptroller  of Maryland to prove it. If you've already paid two years of taxes, you can request the letter here: http://taxes.marylandtaxes.com/Individual_Taxes/Individual_Tax_Types/Income_Tax/Obtain_MVA_Tax_Certifications/ 
2. Make sure your passport is current and valid. If you do not have a valid passport, other official ID may be sufficient, however, an unexpired passport is your safest option.
3. Obtain two separate forms of proof of residency in Maryland. These documents can be in the form of a residential lease, a phone or utility bill, or a bank statement.
4. Study the Maryland Drivers Manual, which you can find here in English: http://www.mva.maryland.gov/drivers/maryland-drivers-manual.htm and in Spanish: http://www.mva.maryland.gov/drivers/rookie-driver/tutorial/tutorial-intro.html 
5. Schedule your written test and driving exam with the MVA

Don't get caught driving without a valid driver's license in Maryland and make sure you follow those steps above to get a Maryland driver's license. If you've been charged with driving without a license in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515. 

What is the Importance of a Criminal Defense Attorney in Bel Air?

If you've been charged with a criminal or serious traffic offense in Bel Air, you may be asking yourself if it is necessary to hire an attorney. Harford County judges are known for handing down some of the harshest criminal and traffic sentences in Maryland. So, when you are facing serious criminal or traffic charges in Bel Air, do you want to risk going before a judge in Harford County without an experienced defense attorney standing next to you? Are you willing to risk jail time?

The tough on crime atmosphere in Harford County and the severe penalties that often get imposed shows why it is necessary to retain a top-rated local defense attorney. Your attorney can aggressively negotiate with the State's Attorney on your behalf to get the best result possible. Oftentimes, having your attorney discuss your case with State's Attorney can make the difference between jail time and no jail time.

Portner & Shure criminal defense attorneys are in the Harford County courthouses every week. Our attorneys are your advocates. We will never just accept the State's first offer, and if negotiations do not result in a favorable outcome, we never hesitate to take the case to trial.

We understand the serious consequences you are facing and we will stop at nothing to get you the best result possible. If you've been arrested for criminal or traffic charges in Bel Air, call Portner & Shure's criminal defense attorneys today for a free consultation: (301) 854-9000, (410) 995-1515.

What are the Penalties for Theft Offenses in Maryland?

Theft penalties are broken down based on the value of the goods stolen. The higher the value, the more severe the penalty.

A person convicted of theft of property or services with a value of:

(1)   Less than $100 will be found guilty of a misdemeanor and can face up to 90 days imprisonment or up to a $500 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

(2)   Less than $1,000 will be found guilty of misdemeanor and can face up to 18 months imprisonment or up to a $500 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

(3)   At least $1,000 but less than $10,000 will be found guilty of a felony and can face up to 10 years imprisonment or up to a $10,000 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

(4)   At least $10,000 but less than $100,000 will be found guilty of a felony and can face up to 15 years imprisonment or up to a $15,000 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

(5)   $100,000 or more will be found guilty of a felony and can face up to 25 years imprisonment or up to a $25,000 fine, or both, and must restore the property taken to the owner or pay the owner the value of the property or services

       If you have been charged with a theft offense in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

What to do if you are Charged with a DUI in Ocean City this Memorial Day Weekend

Memorial Day Weekend is quickly approaching and that means police officers in Ocean City are gearing up for DUI patrols. Memorial Day signifies the unofficial start of the summer season and many people use that as an excuse to "go crazy." Ocean City is a beach town full of bars and restaurants where it is very easy to drink alcohol in excess. Places like Seacrets are common places where people go to drink a lot of alcohol. With a lot of drinking comes an increased risk of people drinking and driving.

Ocean City is a common vacation destination for local Marylanders. That means that many people choose to drive to the beach. Instead of being forced to Uber, Lyft, or take a taxi, people will just drive their own car. DUI are very common in Ocean City throughout the summer season. A DUI charge in Ocean City is taken very serious and local judges do not take drinking and driving offenses lightly, especially because the area sees a large volume of DUI cases from tourists.

It is very beneficial to hire an experienced DUI attorney in Ocean City to represent you and help you try to avoid the maximum penalties, which include up to 1 year in jail and fines for a first offense. Portner & Shure is recognized as a Top 10 DUI law firm in Maryland, and our attorneys have represented countless DUI offenders in Worcester County.

If you've been charged with a DUI in Ocean City this Memorial Day Weekend, call the experienced DUI attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Marijuana Laws in Maryland: Do You Know Everything?

It has been a few years now since Maryland decriminalized marijuana, and most people in the state are aware of that. The law states that you will be charged with a civil citation if found to possess less than 10 grams of marijuana. There are no longer criminal charges associated with possession of small amounts of marijuana. However, the law is not as simple as it may sound.

There are some variations in punishments and fines associated with possession of marijuana. The simple rule that everyone knows (i.e. possession of less than 10 grams results in a civil citation) only applies to people over 21. Anyone caught possessing less than 10 grams of marijuana will be required to appear in court where a judge is likely to require a drug diversion or education program to be completed. Another variation in the law applies to subsequent offenders. Anyone who previously had been cited 2 other times for possession under 10 grams will be required to appear in court if caught possessing less than 10 grams for a third time.

A first offense for possession of less than 10 grams results in a $100 fine. A second offense carries a $250 fine. A third offense carries a $500 fine.

Drug offense laws vary state to state and they can often be very confusing. If you have been charged with a drug offense in Baltimore, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

What to do if you are Charged with DUI while on Vacation in Ocean City

Every year, thousands of Marylanders and people from other states head to Ocean City for a beach vacation. And inevitably, some of these visitors make the decision to drive drunk and they are subsequently arrested for a DUI. The summer months in Ocean City are the busiest times at the beach and that means the police presence is at its peak. Ocean City Police officers monitor Coastal Highway at all hours of the day looking for drunk drivers.

If you are caught by police driving drunk in Ocean City, you should take it very seriously because there are strict penalties that you will face. Being charged with a serious crime like DUI in a location far from your home is very inconvenient and can cause a lot more problems than just a headache. Depending on the facts of your specific case, you could be facing jail time. Judges in Ocean City courts see vacationers come before them in the court room frequently and they usually do not look favorably on an out-of-towner committed a serious offense.

If you've been charged with a DUI in Ocean City while on vacation, call the TOP 10 DUI lawyers at Portner & Shure. We are a local law firm that not only has an office in Ocean City to meet with clients, but we have offices throughout Maryland. You should have an aggressive defense attorney fighting for you in court in order to limit the most severe consequences.

Call Portner & Shure today for a free DUI consultation.

How Do I Get an ID if I was Charged with DUI and Lost my Driver’s License?

In Maryland, when you are stopped by police and charged with a DUI, the officer will confiscate your Maryland driver's license (out-of-state licenses cannot be confiscated by Maryland police). In return, the officer will give you a temporary paper license that allows you to continue driving for 45 days. On the 46th day after your arrest, your license is suspended and you can longer drive for several months However, during that 45 day period, depending on if you took the breath test and your results of that test, you may be able to request a MVA hearing within the first 30 days or have an ignition interlock device installed in your vehicle within the first 30 days of the arrest.

During these various periods, you are without any form of identification, and people often ask us what they are supposed to do if they are asked for ID. The easiest answer is to go to the MVA to purchase an ID card. Just because you lost your driver's license does not mean that you are not allowed to obtain an ID. For some people, you may be ineligible to request a MVA hearing for a restricted driver's license and you may elect not to install the interlock device in your vehicle. In that case, you would be facing a very lengthy suspension of either 180 days or 270 days. You would likely need a form of identification during that period, so it is recommended that you obtain an ID card from the MVA.

DUI offenses can ruin your life. If you're caught drinking and driving, you are subject to serious consequences. If you've been arrested for a DUI in Maryland, call the TOP-10 DUI lawyers at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

How Does the Ignition Interlock Process Work?

Recently, in Maryland, stricter penalties were put in place for anyone charged with a DUI. One of the biggest changes involves the required use of an ignition interlock device for first-time offenders. Understanding how the device works and how one gets the device installed in their vehicle can be a bit confusing. Here is some important information about the interlock device:

• If you refuse the breathalyzer test or take the breath test and your results are 0.08 or more, you can elect to participate in the interlock program instead of taking a suspension 
• If you refuse the test or blow over 0.15, you are very limited in your options if you must continue driving--you must elect to participate in the interlock program because there is no other way to get a restricted license to be able to drive
• If you refused the test or blew over 0.15 and elect to participate in the interlock program, the device is required to be installed for one year. If you blew at least 0.08, but less than 0.15, the device is required to be installed for six months
• Within 30 days of your DUI arrest, you must return the ignition interlock form to confirm your participation in the program. Failure to do so will eliminate your ability to have an interlock device installed in your vehicle
• After returning the interlock form, you will contact one of the MVA approved interlock service providers (i.e. Life Safer, Smart Start, Guardian Interlock Services) to set up an installation appointment. You must bring your order of suspension that was given to you by the officer to the interlock provider.
• After the device is installed, the interlock provider will give you a document that you must take to the MVA in order to get your restricted driver's license
• After your six month or one year period is up, depending on your breath test results, you will then return to your interlock provider to have the device removed. Then, you will return to the MVA to exchange your restricted license for your normal license

As you can see, the process for obtaining and maintaining an interlock device is complex. Don't miss out on your opportunity to continue driving for work or school with an interlock device and hire an experienced DUI attorney in Maryland to handle your case.

If you've been charged with a DUI in Maryland, call the Top 10 DUI attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Charged with DUI? Alcohol Treatment is a Necessary Step for a Favorable Outcome

A DUI charge in Maryland carries significant penalties, including fines, possible jail time, suspension of your driver's license, and required use of an ignition interlock device in your vehicle. Some of these consequences may be avoided if you take steps to take responsibility for your actions. It is never a good idea to come to court for your DUI case and go before the judge without having any documentation of having tried to do right to make up for your terrible decision to drink and drive. Our attorneys have learned over the years that there are some things DUI clients can do before court in order to increase their chances at avoiding the worst consequences in court.

We make sure all of our DUI clients attend alcohol treatment classes immediately after being charged with the offense. Oftentimes, the client is classified as a social drinker, which essentially just means that this person made a terrible mistake and had one bad night where they drank too much, got in their car, and drove away. Social drinker are usually required to complete a series of treatment sessions over a couple of weeks. Once all treatment is complete, the client will receive a certificate to be able to show to the judge in court.

Alcohol treatment is probably the single most important thing a person charged with DUI can do prior to appearing in court. Ultimately, the judge is going to order that alcohol treatment be completed, but having it already done when you do go to court shows the judge that you are taking responsibility for your actions. Judges usually look favorably on this and are often agreeable to sentence you with probation before judgment, as opposed to a jail sentence. Plus, treatment will already be completed and that is one less thing you are required by the court to complete in a timely manner.

If you've been charged with DUI in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Speed Cameras and Red Light Cameras are Returning in Baltimore

Beware, red light cameras and speed cameras will soon be functioning again in Baltimore City. It has been about 4 years since these cameras were in use due to numerous improperly issued tickets to drivers. While many of these camera devices have remained in place during this period of inactivity, it will be easy for officials to make them active again. Officials assure drivers that the revival of the camera system will not result in false readings and improperly issued tickets as they did previously. Additional new cameras will also be installed throughout the city.

Mayor Pugh made the decision to reinstate use of the cameras as a means to collect $5 million in revenue for the City budget. The Mayor also cites driver safety as another reason for bringing the cameras back.

The new camera program is expected to launch in late April or early May. Drivers that receive citations during the first 30 days of the cameras being used will only receive a warning. After the 30 day period, tickets will be issued to drivers that go through red lights or speed. Anyone who does receive a ticket from one of these cameras does not have to worry about receiving points on their license because it is only considered a civil citation.

Many drivers in Baltimore City are probably used to never having to worry about being caught by red light cameras or speed cameras. But, this is going to change very soon and drivers should be aware.

If you're charged with a serious traffic offense in Baltimore, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Drunk Driving Crashes have Dropped Across Maryland

A new study was recently released by the University of Maryland, which shows that alcohol-related crashes involving injury or death have decreased by 6% each year since 2011. What's the cause of this consistent drop?

The study linked this drop in alcohol-related crashes to Maryland's increase in the alcohol sales tax, which rose in 2011. The decline in the number of crashes was even higher for younger drivers--12% decline each year. Researches knew that the number of crashes involving fatalities and injuries that were linked to alcohol would decrease over time with improved safety measures in vehicles. However, researchers did not expect such a significant decrease as was observed.

Legislators passed the increase in taxes as a way to curb underage drinking and drunk driving. Even with this study's results, legislators do not say they will seek another increase in taxes anytime soon.

Maryland lawmakers continue to propose new laws in order to cut down on the number of drunk drivers on the roadways, including just recently, the ignition interlock requirement and more severe penalties for those caught drinking and driving. Drunk driving continues to be a major problem, and will certainly remain a high priority for lawmakers and police across the state.

If you've been charged with DUI in Maryland, call the attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Why You Need an Aggressive Criminal Defense Lawyer in Bel Air, Maryland

When searching for a criminal defense attorney, one of the most important things to look for is a lawyer with experience in the county courts in which you are charged. Hiring an experienced lawyer in Baltimore City probably will not be as beneficial if your case is before a Harford County Judge. Choosing an attorney with decades of experience in the county in which you face charges can be the difference of probation and jail time.

Harford County judges are known for handing down some of the harshest criminal and traffic sentences in the state compared to other jurisdictions across Maryland. Due to this "tough on crime" atmosphere in Harford County and the severe penalties that often get imposed, you need to retain an attorney who will aggressively negotiate on your behalf rather than accepting the State's Attorney's first offer.

Portner & Shure attorneys have combined experience over 100 years in courtrooms across Harford County, including Bel Air. Our attorneys are always ready and willing to take your case to trial if the State does not make a fair plea offer. At Portner & Shure, we understand the consequences you are facing and will stop at nothing to get you the best result possible.

If you're facing criminal or traffic charges in Harford County, you should call the criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Can a Bar be Held Liable for Injuries Caused by a Drunk Driver?

One of the most debated subjects is about liability for over-serving a patron alcohol.  Many people think that a bartender or bar should be held responsible for any injuries that result from over-serving one of their customers with alcohol. Many other people think that it is not fair to hold a bartender or bar responsible for actions done by another person that result from being served too much alcohol.

In Maryland, it has long been held that a bar owner cannot be held liable for the injuries or death of someone that is caused by a drunk driver who was drinking at the bar. This rule is known as the Dram Shop Law. Maryland simply DOES NOT recognize a duty that a bar owes to a third person. In other words, a bar owner owes no duty to a car accident victim whose vehicle was struck by a patron based on the bar's serving of alcohol to the patron prior to the accident. Maryland law does not say that a bartender is required to analyze the drunk state of every person they serve alcohol. It is simply too a high a duty that that would place on a bartender to have to monitor how much alcohol every bar patron has been served and to have to make sure they are not driving a car when they leave the bar.

This topic is always hotly debated and will likely continue to be debated in the future. For now, just know that you cannot hold a bar or a bartender liable for injuring someone else because the bartender served you with too much alcohol.

If you've been charged with an alcohol-related offense in Maryland, call the experienced criminal defense attorneys at Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.