Monthly Archives: October 2011

Can a Maryland Pretrial Stay Away or No Contact Order be removed?

Often times a Judge or Commissioner will issue a stay away order or a no contact order as a condition of a Defendant’s pretrial release. If the charge is theft/shoplifting, the order is usually to stay away from that location before trial. If the charge is assault the order may be to have no contact […]

What is a Pretrial Stay Away Order and No Contact Order in Maryland?

I have recently encountered a number of clients who have come to me for help with their cases where they have a pretrial “stay away order” or a “no contact order” in place. These orders are not the same as a protective order or peace order, though they accomplish the same sort of thing. A […]

The Difference Between First, Second, Third, and Fourth Degree Burglary in Maryland

The Varying Degrees of Burglary In Maryland there are four separate degrees of burglary offenses. The difference is one of severity, with first being the “worst” (most severe) and fourth being the least severe. The penalties also vary by degree. First Degree Burglary This crime in Maryland is defined as the breaking and entering of […]

Actual v. Constructive Possession of Contraband in Maryland

Maryland cases involving contraband, such as a controlled dangerous substance or a handgun, require that the defendant have “possession” of the contraband. Of course, to be guilty of possession of drugs or a gun, that person must have that contraband in their “possession.” Possession can either be actual or constructive. Actual Possession This is typically […]

Update to Maryland’s Driving While Texting Law – Effective Oct. 1, 2011

On October 1, 2011 a new law went into effect further cracking down on text messaging use in Maryland. Since 2009 it has been illegal to send text messages using a cell phone while driving, and the year after that the hands-free cell phone law went into effect. This new law that just went into […]