Category Archives: Defenses

When the Drug Named in the Charging Document Fails to Match the Drug Analysis

In any Maryland drug possession case (possession, possession with intent to distribute, etc.) one of the obvious key elements is that the substance is in fact an illegal drug. In the charging document for the crime the arresting officer will state which specific drug the substance is alleged to be. The officer will usually field […]

Defense to Failure to Obey an Officer in Maryland

Police officers, in any jurisdiction and in any part of the country, want people to do what they say. When an officer says something to a citizen, he wants that citizen to obey. But it is important to recognize this does not mean the citizen must do what the officer says, whatever it is. Or […]

What is the “Statement of Probable Cause” in a Maryland Criminal Case?

In any Maryland criminal case where there is an arrest there should be a “statement of probable cause.” That statement is part of the “charging documents” that are written up by the arresting police officer in the case, along with a list of the charges. These are among the documents presented to the defendant after […]

Drug Analysis/Drug Report in Maryland Possession Case

In a possession of marijuana, cocaine, or any drug case, there lies a fundamental but often overlooked question at the heart of the case–is the substance alleged to be a drug actually in fact that drug? Is that baggie of green leafy substance really marijuana? If so, how does the prosecutor prove that it is? […]

Shoplifting in Maryland – Past All Points of Purchase

“Past All Points of Purchase” – A Defense to a Theft/Shoplifting Charge in Maryland One potential defense to shoplifting in Maryland is that the accused has not gone “past all points of purchase” in the store when stopped by the store’s loss prevention officer. A point of purchase is cashier, cash register, checkout, or some […]

Free Speech Protection in School

Can a 5th grader blow up a school with a crayon? No, but he can draw a picture, make a bad joke, and find himself suspended from school. A federal court has supported a school’s decision to suspend the 10-year-old that drew an astronaut wishing to blow up the school. His parents sued the school […]

Maryland’s Reduced Penalty for Possession of a Small Amount of Marijuana

Maryland’s governor just recently signed a new law which reduces the penalties for possession of a small amount of marijuana. The law differentiates between possession of marijuana less than 10 grams and of greater than 10 grams. This law is set to go into effect on October 1, 2012. Current Law Currently the possession of […]

Maryland Theft and Shoplifting Laws

Theft Defined in Maryland In Maryland, theft is the willful use, concealment, or abandonment of property of another, without the owner’s consent. Maryland does not differentiate between someone who took the property and someone who received the property, so even the receiver of stolen goods can be charged with theft, provided they knew or should […]