Category Archives: Criminal Procedure

What consequences do I face outside of the justice system if I am convicted of a crime?

If you have been charged with a crime, a conviction could impact your life negatively in many ways. A felony conviction is more limiting than a misdemeanor conviction, but any crime on your record can be harmful. Here are a few of the ways that a conviction could haunt you long after you have completed […]

What is an Expungement vs. Nolle Prosequi vs. Stet?

In Maryland, a criminal case can be closed either through a Nolle Prosequi or a Stet. What are the differences of those two? And what is an expungement? When does that take place? Expungement An expungement is the deletion and removal of all court and police records related to a defendant’s charges and case. This […]

Potential Pitfalls in an Application for Maryland Handgun Permit

“Providing False or Misleading Information May Lead To Your Arrest” “FALSE INFORMATION WILL BE SUFFICIENT GROUNDS FOR DENIAL OF THE APPLICATION AND/OR CRIMINAL PROSECUTION WHICH CARRIES A PENALTY OF IMPRISONMENT NOT TO EXCEED 1 YEAR AND/OR $1000 FINE.” “Warning: Any person who willingly makes false statements on this application is guilty of a misdemeanor.” These […]

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 […]

What happens after I receive a Possession of Marijuana Citation in Maryland?

So, unfortunately someone in Maryland was accused by the police of possessing a small amount of marijuana and issued a citation for Possession of Marijuana by the officer. The officer didn’t arrest the accused, the accused never saw a commissioner, and the officer may not have said much else other than “you’ll receive notice to […]

What is a Citation for Marijuana Possession in Maryland?

I have noticed recently that the majority of persons charged solely with possession of small amounts of marijuana in Prince George’s County are being charged through citation, not arrest. This is not unique to Prince George’s County, and is happening more and more frequently throughout the urban Maryland counties in the D.C./Baltimore area. In 2012, […]

Is A Second Probation Before Judgment (PBJ) for Drug Possession in Maryland Possible?

Under current Maryland law, a defendant can only get one Probation Before Judgment (PBJ) for a drug-related offense. Once that defendant receives a PBJ in a drug case, they are prohibited by law from ever receiving another one for a new drug related crime. However, the Maryland legislature recently changed this law regarding the court’s […]

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 […]