Recent Blog Posts
Debunked: 5 Myths About Criminal Defense Attorneys
A criminal defense attorney is often the first person people call when finding themselves on the wrong side of the law. Yet, not many people truly understand what a criminal defense attorney does. People watch popular television shows like Law and Order and famous movies like A Few Good Men and believe that's exactly how a defense attorney operates in the real world. As exciting as those television shows and movies can be to watch, they are simply not accurate. Unfortunately, this has resulted in widespread myths and misconceptions about criminal defense attorneys and their vital role in the criminal justice system.
Read below as we debunk five common misconceptions most people have about criminal defense attorneys.
Myth Number 1: Public Defenders are Just as Good as Criminal Defense Attorneys
Under the Sixth Amendment to the U.S. Constitution, anyone charged with a crime has a legal right to be represented by an attorney.
Maryland Enacts Sweeping Changes for Police Accountability
In response to a series of racially charged and internationally publicized cases involving allegations of police misconduct, including the murder of George Floyd while in police custody in Minnesota and the death of Freddie Gray while in Baltimore City Police custody in 2015, the Maryland Legislature has been drafting and finalizing a number of laws designed to increase police accountability by monitoring behavior, providing recourse to those who have alleged they were wronged and placing restraints on police department's behavior and internal processes, statewide.
In 2021, overriding Governor Larry Hogan's veto, the Maryland General Assembly passed sweeping changes to the law as it relates to police accountability, access to police officer's personnel files, execution of search warrants, and even banned police departments from purchasing certain surplus military equipment such as weaponized drones, military-type vehicles, etc.; these new laws took effect October 1, 2021.
New Changes to Gun Laws: Wearing, Carrying or Transporting Handguns in Maryland
Do you own a handgun, or multiple handguns? Do you live in the state of Maryland? If you do not live in Maryland, do you ever travel into Maryland? If you answered yes to any of these questions, new changes to Maryland's gun laws apply to you.
The Second Amendment of the Constitution sets forth the right to bear arms. However, it is important to remember that this right is not without limits. As a responsible gun owner, it is essential to constantly educate yourself on the gun laws of your state and the states you frequently travel. It is not an uncommon occurrence for lawful gun owners to face criminal charges for not properly following state rules and regulations. Keeping that in mind, Maryland recently adapted its gun laws regarding wearing, carrying, or transporting handguns.
What Constitutes a Handgun?
For a weapon to be considered a handgun, "it must be a firearm, or it must be readily convertible into a firearm," and it must also have the capability to discharge ammunition. Howell v. State, 278 Md. 389, 396 (1976). Specifically, this includes, but is not limited to, pistols, revolvers, short-barreled shotguns, short-barreled rifles, or other firearms that are capable of being concealed on your person or in your vehicle. Md. Crim. Law §4-201(c). Furthermore, if a weapon is recovered by law enforcement, its operability (ability to discharge ammunition) may be established by mere circumstantial evidence. Mangum v. State, 342 Md. 392 (1996).
Innocent Honors Student Cleared of Rape Charges
Being accused of a crime does not make you guilty, no matter how sincere the victim appears. This could not be better highlighted than in this story of a young man cleared of rape charges in 2021.
The Alleged Event
Shortly after Halloween in 2020, a young man was charged with raping his cousin on Halloween eve. Her allegations were horrendous; she claims that he pulled her downstairs by her hair, threw her on a sofa, held her down, covered her mouth with his hand and raped her, all while her grandparents were upstairs.
Upon his arrest, the young man (who was an honors student and an athlete with a full college scholarship) found himself locked in a prison cell, held without bond.
Mr. Kadish conducted a bond review with the young man and was able to obtain home detention for him while he awaited trial; at least he was able to finish his senior year of high school online.
However, the criminal allegations continued. The alleged victim made additional claims that the Defendant had been raping her regularly since she was 13 years old. Her new allegations resulted in a second case against this young man in Baltimore County juvenile court.
Why "Not Guilty" Isn’t the Only Winning Outcome for a Criminal Case
What constitutes a winning outcome for a criminal case? In some cases, a win is obtaining a "not guilty" verdict at trial. In other cases, defeating some, or even most, of the charges can be considered a win. And still, in other cases, a win is minimizing the impact of the case on the defendant and his or her family.
Below is an outline of a recent case where the client was sentenced in Federal Court (summer of 2021) – this case is a great depiction of how winning a case can look very different based on the circumstances. With over 30 years of criminal defense experience, Mr. Kadish has seen all types of wins in the courtroom however this particular one seemed noteworthy.
The Case
Among other things, the client was charged as a participant in an international drug cartel. These charges are very serious and as a foreign national, the client was facing the possibility of life in a US Federal Penitentiary. When initially arrested and charged, the client was suicidal; he did not believe that his life was worth continuing given the situation that he found himself in.
Recent Notable Case: West Virginia Woman Found Not Guilty on All Counts
A West Virginia woman was charged in Garrett County, MD with fraud, identity theft, and theft. She was accused of using her adult son's identity to obtain a loan online and had the funds electronically placed into her account. When her son, a resident of Garrett County, MD received notice from a collection agency advising him that he was past due on "his loan" he reported the online application as fraud. The police in Maryland immediately looked to the man's mother, who had a prior history of bad check and fraud convictions. She came to Mr. Kadish to assist her criminal defense and swore that despite her prior history of theft and fraud, she had not made this application in her son's name, and could not explain why the money ended up in her account.
What Happened Next
The prosecutor offered a plea of jail time, given the Defendant's record of theft and fraud convictions. She discussed the plea offer with her husband and he told her to just take the plea, even though she maintained her innocence, as he didn't think a judge would believe she was innocent this time given her record.
Criminal Defense: Dismissal of all Child Pornography Charges
In 2019, a Frederick County man who was being investigated for suspicion of possession and distribution of child pornography had a warrant executed at his home. All of his computers, cellular phones, routers, and hard drives were seized. The raid was carried out by local police. However, all of his electronic devices and account information were forwarded to the Department of Homeland Security for forensic analysis. He urgently needed to secure criminal defense.
The client had not yet been charged, but knew he was in trouble and immediately sought out Mr. Kadish for representation. Throughout the following year, Mr. Kadish made regular contact with both the prosecutor and the investigating detectives. As a direct result of the client following Mr. Kadish's pre-charging guidance, things went smoothly when he was ultimately charged. Mr. Kadish was able to make arrangements for the client to turn himself in instead of being arrested in front of co-workers or his neighbors.
Contacted by Child Protective Services? Here is What You Need to Know.
Have you been accused of hitting your son? Have you been accused of sexually abusing your girlfriend's daughter? These are some of the reasons you could be contacted by Child Protective Services (CPS) or be visited by a social worker. CPS is a part of the Department of Social Services (DSS) that investigates allegations of child neglect and child abuse. Once a claim of neglect or abuse is sent to CPS, they are required to investigate the claim. Certain laws (Md. Annotated Code, Family Law Sec. 5-704) require professionals (e.g., doctors, nurses, police officers, teachers) to report suspected instances of child abuse or neglect. However, anyone can contact CPS and file a report of abuse or neglect.
What is the Difference Between Murder and Manslaughter in Maryland?
Murder vs Manslaughter - Both result in the death of another person, but in Maryland, there are subtle differences between these offenses. Under Maryland law, the killing of another human being is broken down into three categories, from most to least serious: first-degree murder, second-degree murder, and manslaughter. Each offense is a felony under state law but carries various penalties.
First Degree Murder
Maryland Criminal Code § 2-201 lays out the laws and penalties concerning first-degree murder. Under Maryland Criminal Code § 2-201(a), first-degree murder is defined as a murder that meets one of the following criteria:
- Premeditated, willful, and deliberate;
- Committed by...
- A person who waited for the victim to arrive (i.e., lying in wait);
Understanding Gun Law: How to Keep from Being Charged in the State of Maryland
A basic American right explicitly set forth in the second amendment is the right to bear arms. It is important to understand that not only is that right not absolute, it often has many conditions, the violation of any of which may result in an otherwise lawful gun owner going to jail. The following are the most commonly charged issues relative to firearms and gun law:
Gun Law Violation: Transporting Handguns
Under MD Criminal Law 4-203 it is illegal to knowingly wear, carry or transport a handgun unless it is done according to specific rules and regulations. In order to transport a legally possessed handgun in Maryland, the gun must be unloaded and in a case or holster. Moreover, there is a lengthy list of places and circumstances a person may transport a gun to or from (i.e. a place of legal sale, the shooting range, between bona fide residences, etc.) but even then (unless you have a proper carry permit) gun law states that the gun must be unloaded and in a case or holster.
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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