Posted on April 22, 2021 in FAQs

As a Criminal Defense Attorney, one of the most commonly asked questions about jail calls I get is "are my phone calls to/from jail being recorded or listened to?"

Unfortunately for prisoners in the State of Maryland (many of whom are still awaiting trial and have not yet (and may never be) convicted of a crime) and their family/friends who call them or receive calls from them, those calls will be recorded. Moreover, the recording of those calls is permitted by both State and Federal law.

While the State of Maryland is a two (2) party consent state (i.e. both parties to a call ordinarily must consent to the call being recorded) if an individual is notified that they are being recorded, and they continue to speak on that line, then the conversation they have is subject to monitoring and preservation. While many jails use third-party vendors (jail telecom companies) for their prisoner telecommunications needs, all of those vendors report to law enforcement for the county in which the jail is located (or to Federal authorities when appropriate).

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 Posted on February 02, 2021 in Criminal Defense

Federal child pornography charges require a criminal defense attorney that is well versed in not only Federal Criminal Law and the Federal Sentencing Guidelines, but also with specific experience, expertise, and an understanding of Federal Child Pornography laws and how unfair they are.

In federal cases involving the possession of child pornography, it is common for there to be very little or no issue regarding the Defendant's possession of the pornographic materials. When there is no dispute that the Client possessed child pornography and he finds himself in the federal courts, the issue is more often not one of "guilt vs. innocence", but rather what happens to him.

Child Pornography Laws and our Digital World

Unfortunately, federal child pornography laws (both as they relate to the violations and to sentencing) are antiquated and out of step with the realities of our digital society. For example, it is an enhancement to a defendant's sentence in federal court if he used a computer to access child pornography; however, the simple fact is, every federal child pornography case in modern times involves a computer.

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 Posted on February 01, 2021 in FAQs

Don't think you have questions about DUIs? It is 2 AM and you are stopped on the side of the road with blue and red flashing lights in your rearview mirror. The fear sets in and you are beginning to panic. When the officer approaches, be cooperative and provide them, with your license and registration. You ARE required to present your driver's license and vehicle registration to the officer.

Your head is flooded with questions and your heart is racing, try your best to remain calm. A lot easier said than done... However, by reading this article, you will be armed with the facts and information you need in order to react and respond in the most appropriate and lawful way during a DUI traffic stop while protecting your rights.

WHAT IF the officer says they pulled me over for "suspected DUI" and asks me if I have had anything to drink, or taken any drugs?

At a traffic stop, the officer can ask you questions and is not required to read you your Miranda warning. (You have the absolute right to remain silent... we all know the basic words from TV.) The likelihood is if the officer is asking the question, they suspect you are driving under the influence of alcohol and/or drugs. (i.e. from observing the way you were driving, the odor of an alcoholic beverage, or the odor of marijuana, etc.) The officer can ask the questions but remember you are NOT required to answer their questions.

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 Posted on October 22, 2020 in Criminal Defense

Arrested this weekend? If the weekend didn't turn out as you planned, and you have been charged with a crime or as a result of something that happened you believe that you are going to be charged with a crime, there are some simple steps that you should take to protect yourself:

1. TALK TO NO ONE!

One of the most common mistakes that people make, whether you've been charged with a crime (or believe that you are going to be charged) is to talk about what happened.

Do not talk to police... not at the scene and not afterward. Remember, police are allowed to lie to you to get you to talk about a crime! It might seem unfair, but is not only allowed, oftentimes it is encouraged in many departments.

Do not talk to friends... As much as you may trust your friends, the more people you tell, the greater the risk that the police will eventually hear what you have said.

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 Posted on June 22, 2020 in FAQs

In the wake of the COVID-19 pandemic, the fear and uncertainty associated with being a defendant in a criminal case have been increased due to the confusion surrounding how and when your case can move forward. What is the impact of COVID-19? The Court of Appeals of Maryland has set timetable beginning with the phased closing of Maryland Courts beginning back on March 16, 2020, and continuing additional phases during which the court will slowly reopen.

What Does Reopening of the Maryland Courts System Look Like

There are a total of five (5) phases in place relating to the closing and subsequent reopening of the Maryland Courts which are as follows:

PHASE I

Phase I began on March 16, 2020, with the closing of all of Maryland's District and Circuit Courts. During this phase, all Maryland Courts were closed to the public. The only types of matters that were heard in criminal court were bail reviews, petitions for habeas corpus (essentially Circuit Court bail reviews of prior denials of bail), and emergency domestic violence matters [which are not technically criminal in nature but have been deemed "emergency matters"]; all of these hearings were held remotely.

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 Posted on May 29, 2020 in FAQs

How are criminal cases in Maryland tried? In the State of Maryland, there are two ways to have your criminal case tried; the first way is a bench trial where your case is heard only by the judge in District Court. The second way is a jury trial, where the outcome of your case is decided by a 12 person jury of your peers. These cases are tried in Circuit Court. Any criminal defendant in any criminal case no matter how small or large a case they have can have their case tried in front of a judge.

In Maryland, the District Court hears smaller matters, generally, misdemeanors and traffic violations, and all facets of the case are in the hands of the judge. That is to say, the judge rules on all legal issues makes the ultimate decision of guilt or innocence, and if the Defendant is found guilty, that same judge sentences them.

Within the State of Maryland, each county (and Baltimore City) has its own Circuit Court which hears all jury trial prayers (District Court Defendants who request a trial by jury) and most felony matters. In a Maryland jury trial, the defendant their attorney selects 12 people from a large pool of jurors.

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 Posted on May 21, 2020 in Criminal Defense

One of the most common questions posed to individuals who are faced with criminal charges is whether or not they should hire a criminal defense attorney. One deterring factor can certainly be the cost associated with hiring a lawyer, however, in many cases that cost is minor compared to the life-changing costs that can occur without the proper defense. Below are just a few reasons that hiring an experienced criminal defense attorney is crucial.

A Maryland criminal defense attorney understands how the system works.

Probably the primary reason to hire an experienced criminal defense attorney is that they understand how the courts work. Even people who have been through the system before can find themselves overwhelmed and confused when dealing with a criminal case, or even just a criminal investigation. An experienced criminal defense attorney understands how the courts and the legal process works.

Our job as experienced criminal defense attorneys is not just to successfully lead you through the process, we also keep you educated as to what is happening and why. Understanding the process, and being guided through it by veteran criminal trial lawyers helps remove the fear and uncertainty of the process.

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 Posted on May 18, 2020 in Criminal Defense

Are you suspected of child pornography possession? Has your computer been seized? Has a detective tried to contact you? Don't wait and don't make any statements to anyone, and call us immediately.

At Craig M. Kadish & Associates, LLC we have been helping in and winning cases for our clients involving child pornography; both possession and distribution. The differentiation between the two is not as simple as one might think. Once your computer or other digital device has been seized, usually pursuant to a warrant, law enforcement computer forensic teams go to work to uncover what is on the hard drive; it is crucial that you understand the consequences of police finding child pornography. In this article, we will discuss what child pornography charges look like for both possession and distribution and how those charges will affect your life moving forward.

Possession of Child Pornography

Maryland State child pornography laws are governed by Sections 11-207 and 11-208 of the Maryland Criminal Code.

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 Posted on May 11, 2020 in Criminal Defense

With over 30 years of experience as a criminal defense attorney, I am often asked, "Do I really need a lawyer for this? Can't I do it myself?" While there is always the option for self representation in court (doing this is called proceeding PRO SE), it's not necessarily the best idea. In fact, there is an old saying in the Law community that says, "The person who represents themselves has a fool for a client".

Why? You might be asking... well there are several reasons why representing yourself is not a good idea, which we will go into below, but the most obvious and most important one is this... No matter how bright you are, you do not have the knowledge of the law and the years of experience the criminal defense attorney has and the criminal justice system is not going to wait while you get up to speed. In fact, most people who are lawyers themselves always hire an attorney to represent them when they need help.

Criminal defense attorneys, like all lawyers, have spent years learning the ins and outs of the law. They went to college, law school, studied for and passed the Bar exam, and have spent years training and perfecting the skill set needed to be proficient trial attorneys.

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 Posted on May 04, 2020 in Criminal Defense

When you or someone you care about is charged with a crime, the legal process moves quickly. The very first, and probably most important decision that has to be made is "do I hire a criminal defense attorney?". Many people's first thought is to get a Public Defender to represent them. While this is an option, it's not always the best choice and here's why; with a public defender, you have no choice

What we mean by that is the person charged with the crime must apply themselves, meet financial eligibility requirements, and then wait for their Public Defender to be assigned to them. Your only option, should you be eligible, is the person they assign to you; it may be a new attorney just out of law school or someone you or your family just doesn't get along with. Regardless of whether you think you are being well represented, you have no choice with a public defender, you simply have to take who they give you.

In an effort to provide you with as much information as possible so that you can make an informed decision, let's dive into the pros and cons of a public defender, and then we will do the same for a private criminal defense attorney.

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