Monthly Archives: January 2012

The State’s Remaining Evidence After Invoking the Marital Privilege in Maryland

Let’s say that the complainant (or alleged victim) in an assault case is the wife or husband of the accused. The complainant does not wish to go forward and testify against his or her spouse. The complainant goes up on the stand and invokes his or her marital privilege, thus refusing to testify against their […]

Change Your Maryland Guilty Conviction to a Probation Before Judgment (PBJ)

Your case is now over–you were either found guilty after trial or pled guilty–and the judge entered a guilty conviction against you. You would have rather had a probation before judgment (PBJ) since that is not a conviction and can be expunged off your record, unlike this guilty conviction. Is it now possible to convert […]

Upset About Your Case Result? Options After Your Maryland District Court Case is Over

So you had a case in District Court that didn’t turn out the way you had hoped. Maybe you were sentenced to serve jail time, didn’t receive a Probation Before Judgment (PBJ) as you had hoped, or simply were given supervised probation when you expected it to be unsupervised. No matter the reason for your […]

Is Diversion Available for Possession of Non-Marijuana Drugs in Maryland?

Is drug diversion an option for first-time possession of cocaine, heroin, methamphetamines, ecstacy (MDMA), illegal possession of prescription drugs, etc.? Drug diversion programs can be hugely beneficial for first-time offenders who are alleged to possess small amounts of marijuana. These programs typically allow the accused to take drug education/treatment classes and have the charges against […]

What is a Maryland MVA Hearing?

What is an MVA Hearing? An MVA hearing takes place when the MVA is seeking some type of punitive action against a licensee and the licensee wishes to have the opportunity to contest the MVA’s evidence, contest the action, and/or present a defense against the action. For example, if a Maryland licensee was stopped for […]

Should I Pray a Jury Trial in My Maryland Criminal/Traffic Case?

Who can elect for a jury trial? Cases that originate in District Court in Maryland–all criminal and traffic misdemeanors and certain felonies–fall into two important categories: those that must stay in District Court and those that can be “prayed up” to the Circuit Court. In Maryland, if the defendant’s criminal/traffic case has any charge on […]

Three Key Differences between Possession of Marijuana and Possession of Paraphernalia in Maryland

Possession of Marijuana v. Possession of Paraphernalia: Three Major Differences 1. Drug Report Requirement For a possession of marijuana case, the State must prove beyond a reasonable doubt that the Defendant did in fact possess marijuana. It is not enough for a police officer to say that he smelled marijuana, believed that the substance was […]

What Exactly is Drug Paraphernalia, Anyways?

Definition in Maryland of Drug Paraphernalia Drug paraphernalia is basically any material used in conjunction with the manufacturing, processing, transportation, use, or concealing of any illegal drug. Examples of Drug Paraphernalia In Maryland, possession of drug paraphernalia is most often charged with marijuana, but can be associated with cocaine, heroin, methamphetamine, or any other illegal […]