Category Archives: Defenses

Can a Police Officer Stop Someone for an Obtructed Windshield in Maryland?

Maryland Traffic Stop for Something Hanging From the Rear-view Mirror So, what exactly is the law for having a hang-tag, air freshener, fuzzy dice (does anyone have these anymore?), graduation tassel, or any other object hanging from a vehicle’s rear view mirror? Maryland law prohibiting obstruction of a windshield, Transportation Article 21-1104(c), states that “a […]

Chris Peretti as a Guest on Lonny The Street Lawyer: Winning a Case Even Though The Client Committed the Crime

I had the pleasure recently of being a guest on Lonny The Street Lawyer. LTSL is a weekly radio program hosted by attorney Lonny Bramzon who uses the show to provide listeners a fresh view from a insider–an attorney working in the trenches–on what is happening out on the streets locally and in the courthouse. […]

Do the Police Have to Read Someone Their “Miranda Rights” Before an Arrest?

Here is a general set of facts similar to a type of arrest is seen all too frequently in Maryland: The police pull someone over for some kind of traffic stop–speeding, rolling a stop sign, having expired registration tags, etc. The officer comes into contact with the driver, states that he smells marijuana, and orders […]

What is the Potential Outcome for a Possession of Marijuana Citation Less Than 10 Grams in Maryland?

What the actual outcome will be for a Possession of Marijuana Less Than 10 Grams citation varies depending on a number of factors, but there are many potential outcomes. Some of the most common are: 1. Nolle Prosequi / Charge dropped A skillful lawyer can put your case in a position to have the charge […]

What factors determine what will happen to my Possession of Less than 10 Grams Citation in Maryland? How can I get the best result?

What is the expected result for someone who has received a citation for possession of marijuana less than 10 grams in Maryland? Rarely does someone get the maximum penalty for this type of offense, but the result depends on a number of factors. 1. Having an Attorney v. Representing Yourself No doubt about it, having […]

Six Defenses for a Wear/Carry Handgun Charge in Maryland

In Maryland, to wear, carry or transport a handgun is a criminal misdemeanor under Criminal Law Section 4-203. A conviction can result in ineligibility to own a gun, a criminal record, or even jail time. There are numerous exceptions to the rule, and many defenses that can be made. Here are six of the most […]

Constitutionality of a Traffic Stop for Center Brake Light Out in Maryland

Center brake light A common reason a vehicle is pulled over and stopped by police is for having the center brake light out. Prior to the 1980’s cars did not have a center brake light, only the two rear brake lights on the left and right side. Today all vehicles are manufactured to have a […]

Maryland Law on a Traffic Stop for Tinted Windows

Maryland police officers frequently use tinted windows as a justification to pull over a vehicle. In and of itself that may be fine, but as we all know these stops are almost always pretextual and the officers are really looking for contraband in the vehicle or on the driver such as drugs, guns, stolen property, […]