Recent Blog Posts
How a Criminal Defense Attorney Can Help if You Are Facing Child Abuse Charges
Child abuse is a serious crime in Maryland, and anyone with child abuse charges could face severe consequences, including fines, prison time, and a permanent criminal record. Given the severe nature of the charges, it is essential to have an experienced criminal defense attorney to handle the case.
An experienced criminal defense attorney has a deep understanding of the criminal justice system and the legal procedures involved in Maryland's child abuse cases. They can provide legal guidance and support, ensuring that the defendant's rights are protected throughout the case. They can help their clients understand the charges against them and explain the potential consequences of the charges, including the possibility of being added to the state's child abuse registry.
Additionally, an experienced criminal defense attorney can help the defendant build a strong defense. They can investigate the evidence presented against the defendant and find any flaws or inconsistencies in the case. They can also identify and gather evidence that can support the defendant's case and provide testimony from witnesses or experts that may support the defendant's claims.
Are You Being Investigated by CPS, DSS or the Police?
If you have been notified that you are being investigated by the police, the Department of Social Services (DSS), or Child Protective Services (CPS) in Maryland, it is important to obtain the services of a criminal defense attorney as soon as possible. The earlier you hire an attorney, the more they can do to protect your rights, build a strong defense, and potentially prevent charges from being filed against you. Here are a few reasons why it is important to hire a criminal defense attorney in Maryland as soon as you are notified that you are being investigated.
Protecting Your Rights
When you are being investigated by the police, the Department of Social Services, or CPS, it is important to remember that you have rights. These include the right to remain silent, the right to an attorney, and the right to be free from unreasonable searches and seizures. Unfortunately, law enforcement agencies and social services agencies are often focused on obtaining information and evidence that can be used against you. They may tell you that if you don't speak to them, you may lose your children.
Domestic Violence Protective Order - What to Do Next
What is a Domestic Violence Protective Order?
A domestic violence protective order (DVPO) is a court order that is designed to protect victims of domestic violence from further abuse, These orders are issued by a judge and they can require the abuser to stay away from the victim, stop contacting them, and/or vacate a shared residence. These orders can also provide additional protections, such as requiring the abuser to surrender firearms or pay temporary child support.
In Maryland, there are three types of protective orders that can be issued:
Jury Acquits Young Driver of All Manslaughter by Motor Vehicle Charges
Before we dive into the details of this case, we felt it would be helpful to define for you the two charges our client faced in this case: Manslaughter by Motor Vehicle – Gross Negligence and Manslaughter by Motor Vehicle – Criminal Negligence.
Understanding Manslaughter by Vehicle
Manslaughter by Vehicle – Gross Negligence is defined in the Maryland Criminal Code, Section 2-209 as causing the death of another as a result of driving, operating, or controlling a vehicle in a grossly negligent manner. Courts in Maryland have defined gross negligence as a "reckless disregard for human life". This of course requires a showing of the state of mind of the defendant. Courts in Maryland have ruled that only conduct that is of extraordinary or outrageous character will be sufficient to imply this state of mind. Simple negligence will not be sufficient – even reckless driving may not be enough.
Unhappy with Your Trial Outcome & Sentence? Here's How We Can Help
Defendants in criminal cases are often unhappy with the trial outcome and sentences that judges hand down to them. Fortunately, a sentence received when someone is convicted of a crime is not always the final word. There are ways in which a skilled criminal defense attorney can assist a defendant with a poor outcome to improve, or sometimes even change that outcome.
Changing the Outcome of Your District Court Case
In the State of Maryland, many criminal cases can be tried in the District Court. The District Court is a State court with branches in each Maryland county and Baltimore City, some of which have multiple District Court branches at various location throughout the county. While the District Court generally only handles misdemeanor criminal cases (with a few exceptions such as felony theft) some of those matters can carry many years in prison.
Even a simple second-degree misdemeanor assault has a maximum penalty of up to 10 years in prison. However, a criminal defendant who is unhappy with the outcome of their District Court case has the right to a de novo appeal to the Circuit Court for the County in which their case was tried. This appeal must be filed within 30 days of the date upon which the defendant received their sentence.
Maryland's New “Ghost Gun” Law Explained
Violators of Maryland's new "ghost gun" law are subject to a penalty of up to two years imprisonment and/or up to $10,000 in fines.
What You Need to Know
As of June 1, 2022, a person who is in possession of a "non-serialized" firearm in Maryland must have that firearm marked with a personal ID number as required by the Public Safety Article of the Maryland Annotated Code, Section 5-703. The person who was in possession of this firearm (prior to June 1, 2022) will have until March 1, 2023, to act in compliance with this new law.
Individuals who obtain their firearm by inheritance (after June 1, 2022) will have only 30 days to have their firearm marked with a personal ID number. These personal ID numbers can be provided by a Federal Firearm Licensee (FFL) via what is referred to as "marking services" which must be in compliance with all Federal laws and regulations. Once the personal ID number is marked on the firearm, it must be uploaded to the Maryland State Police licensing portal.
Pre-Trial Release Options - What Happens When I am Arrested?
When first arrested, a person is taken to see a Court Commissioner who will decide if that person will be released into the community. The determination as to whether or not a Court Commissioner releases someone is based upon two factors, the defendant's risk of flight and their danger to the community. In this article, we will discuss what pre-trial release options may be available to you as well as what you can expect throughout the process.
Risk of Flight and Danger to the Community
Risk of Flight is a determination as to whether or not an individual defendant is likely to show up in court for trial on their trial date. In determining whether someone presents a risk of flight, the Court Commission will look at a number of factors:
Criminal History + Failures to Appear
Have they ever been arrested before, and if so did they appear at trial or did they fail to appear? If someone has a history of failing to appear, a Court Commissioner may have concerns as to their appearance in court for this new case.
What Are My Rights During Arrest and Questioning
In the United States, the police make over ten million arrests every year - that's about one arrest every three seconds. That's why it's important to understand your rights during arrest and questioning and to call an experienced Baltimore criminal defense attorney as soon as possible.
Can The Police Enter My Home?
If the police arrive at your home and ask you for permission to enter, you can decline if they don't have a valid search warrant issued by a judge, based on probable cause. Since giving the police permission to enter without a warrant can make anything they observe on the premises admissible as evidence against you, it's best to politely refuse to allow them to enter and step outside to speak.
How To Handle Traffic Stops
In the United States, the police stop over sixty million vehicles a year, so it's important to know what to do if it happens to you. They can only stop you because you've broken a traffic rule or suspect that you've broken the law, but there are many behaviors and circumstances that provide the police with the reasonable suspicion they require to make a stop.
Alternatives to Jail and Prison for People Facing Criminal Charges
When compared to other developed countries, the United States has the highest percentage of incarcerated persons per capita in the world. It's little wonder judges and legislators have become increasingly receptive to alternatives to jail.
When representing a client, a defense attorney is often able to negotiate a sentencing deal that includes an alternate solution to jail or prison time. This alternative form of resolution is typically more likely in criminal cases involving less severe offenses or crimes that do not include violence.
The judge might order the defendant to pay fines to the state, recompense to the complainant, perform community service hours, or any combination of these elements. We will now explain these alternatives one by one:
#1. Fine
Fines usually end up in the hands of the State, whether it's for the court, a local authority, the government of the state, a community project, or a mix of these or other beneficiaries. Fines range greatly depending on the severity of the crime commited.
What to Do When There’s a Warrant for Your Arrest
If you suspect or are aware that a warrant for your arrest has been issued, you must react immediately. As the arrest means that you will be deprived of your freedom, any postponement or failure to react can be detrimental to your rights.
Here is the most important info you need to know regarding the arrest warrant in the state of Maryland.
What is an Arrest Warrant?
A pending arrest warrant means that a district court commissioner, circuit court judge, or circuit court clerk instructed by a judge, has empowered the police to arrest and detain you on sight.
You must know that an arrest warrant is an official order with the authority of the state behind it, so any resistance to the arrest will put you in a very bad position.
With a proper and timely reaction, an arrest warrant can be recalled and turned into a court summon or surrender to the police. This way, you can comply with the order of the state and avoid the unpleasantries of an arrest, at the same time.
111 S. Calvert St., Suite 2805
Baltimore, MD 21202
Phone: 410-837-0020
Fax: 410-837-7230
From our law offices in Baltimore, the criminal defense law attorneys of Craig M. Kadish & Associates, LLC represent clients throughout Maryland, including Annapolis, Bel Air, Bethesda, Bowie, Catonsville, Cockeysville, Columbia, Dundalk, Ellicott City, Essex, Frederick, Gaithersburg, Greenbelt, Hagerstown, Owings Mills, Parkville, Pikesville, Randallstown, Reisterstown, Rockville, Silver Spring, Timonium, Towson, Upper Marlboro, Westminster, and White Marsh.
Results listed are not a guarantee or indication of future case results.
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