Posted on November 02, 2022 in Criminal Defense

Protective orders can be enforced in Maryland even if they are issued outside of Maryland.

Pursuant to the full faith and credit clause Maryland courts and police have to enforce the order. You can also ask another state to enforce your Maryland protective order. That means that abuser (Respondant who has the protective order against them) must abide by terms and conditions of the order and could be arrested and/or charged with violating the order. They could also be charged with the grounds for violating as well, meaning any substantive crimes wherever the abuser violates a valid order.

Certain requirements must be met before an out-of-state protective order will be enforced in Maryland.

1. The protective order must have been issued to prevent violent or threatening acts, harassing behavior, sexual violence. Or, the protective order must have been issued to prevent another person from coming near you or contacting you.
2. The out-of-state court that issued the protective order must have had proper jurisdiction over each party at the time the protective order was issued.

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 Posted on October 19, 2022 in Criminal Defense

In Maryland, you have a right to represent yourself in a criminal and/or traffic court. You also have a right to an attorney, which you can choose to hire yourself, or the judge can appoint a public defender.

What to expect in a DUI court case

In Maryland, most drunk driving offenses are misdemeanors. If a driver is found guilty of a DWI or DUI, they face hefty fines and jail time. Penalties for DWI/DUI offenses in Maryland can range from a $500 fine and two months in jail to a $5,000 fine and the possibility of five years in jail. There are also other penalties, such as the mandatory installation of an ignition interlock device in your vehicle for six months to three years. If this is your first DUI offense, you will likely not be sentenced to any jail time, but the judge may still order the IID, fines, supervised probation and alcohol treatment.

If the drunk driving occurred while transporting a minor, the length of jail terms are much longer.

The possible jail time and fines increase with each subsequent conviction for drunk driving offenses.

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 Posted on October 17, 2022 in Criminal Defense

Possession of a Controlled Dangerous Substance to Wit: Cocaine, is governed by Maryland State Code Section 5-601 "Possessing or Administering Controlled Dangerous Substance"

Penalties for possession of cocaine:

Simple Possession of Cocaine in Maryland is a Misdemeanor. Individuals caught possessing small amounts of cocaine will be charged with CDS Possession under Maryland State Code Section 5-601. Upon conviction for this charge, a defendant will be subject to imprisonment of up to four years and/or a fine up to $25,000.

Will I be charged with simple possession as a misdemeanor, or will I be charged with distribution?

In Maryland, the possession of a small amount of cocaine (28 grams) or less is a misdemeanor. Cocaine is a Schedule II narcotic controlled dangerous substance, and the penalties for the possession, trafficking, or sale of cocaine increase in severity depending on the weight of drugs seized, whether you have prior criminal convictions, and the location of where the act(s) occurred. As in most cases, the prosecutor is going to consider your criminal history before offering less jail time, and the Judge will consider the same. Prior drug charges will certainly have an impact on the penalty the prosecutor and/or Judge deems appropriate in any given possession case.

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 Posted on September 22, 2022 in Criminal Defense

Acts of domestic violence can shatter the lives of Maryland residents. Sometimes, the crime is charged on the federal level. This can have even more frightening ramifications.

Domestic violence as a federal crime

Congress passed the Violence Against Women Act (VAWA) in 1994. Along with additions that came in 1996, domestic violence became recognized as a nationwide crime. As a result, it was also expanded to be considered a federal crime.

Although many instances of domestic violence occur on a statewide level, some take place across state lines. For example, a victim leaves their state and relocates to another in order to escape their abuser and the abuser travels to the new state to continue the abuse. This includes not only perpetrating physical violence but stalking, threatening the victim and violating an order of protection.

Domestic violence is also considered a federal offense when the abuser possesses a firearm.

Because of the recognition that domestic violence can occur after interstate traveling, an order of protection is often awarded to the victim. Previously, such an order was not recognized in a different state, but VAWA brought about change so that states recognize those issued elsewhere.

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 Posted on September 09, 2022 in Criminal Defense

When you are placed on probation you will be given conditions you must abide by. There are a wide range of conditions that a judge can order. Following the sentencing court’s ordered conditions of probation is paramount to not being violated and potentially going back to jail. It’s possible for a judge to revoke your probation if you do not abide by the conditions of your probation. There is a difference between a technical violation of probation and a non-technical violation of probation. Technical violations are considered less serious less than non-technical violations.

Technical violation of probation

Several years ago, the Justice Reinvestment Act ("JRA") took place and changed violation of probation penalties in Maryland. Consequently, now there is a "presumptive cap" on the length of time a defendant can receive for a technical violation of probation. A technical violation is failure to comply with a special condition of your probation that did not result in a new criminal charge, violating a no contact order, or not reporting to your agent. This could be as minor as showing up a few minutes late to your appointment with your probation officer. Other examples of technical probation violations are failure to pay criminal restitution, missing a drug addiction treatment session, testing positive for a controlled dangerous substance, and a failure to notify your probation officer of a change of address.

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 Posted on September 07, 2022 in Criminal Defense

The Maryland Court recently made a ruling in Anthony J. Richardson v. State of Maryland, that mandates police in Maryland be more specific when applying for warrants to search cellphones. The court recommended that law enforcement agencies implement protocols to extract data from cellphones under more narrow parameters. If your cellphone is being used as evidence in the case against you, then Caroline Norman Frost can file a motion to suppress that evidence arguing that the protocols were not met by the law enforcement agency that confiscated your cellphone. Communication, GPS location, and pictures are just some examples of evidence extracted from cellphones to prove criminal charges.

Baltimore Police have stopped extracting information from cellphones, a powerful investigative tool. Baltimore Police average two phone extractions a day. Apparently, the Baltimore Police have put cellphone search warrant applications on hold while the department evaluates how to ensure that search warrants meet the requirements of the consequential opinion by the Maryland Court. Additionally, Baltimore is not accepting any new requests. This pause on cellphone extractions in Baltimore will continue while the police consult with their legal department to ensure the current search warrant template meets all requirements.

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 Posted on September 06, 2022 in Criminal Defense

In August 2022, the Maryland Court of ("COA") made a ruling in Richardson v. State, affirming the Maryland Court of Special which affirmed the Prince George’s County Circuit Court’s denial of the Defendant’s motion to suppress the fruits of the warrantless search of his backpack and the warranted search of his cell phone. The COA held that the Defendant was not entitled to relief on appeal.

The Defendant got into a fight at school which was broken up by the school resource officer. During the altercation, the Defendant dropped his backpack on the ground. The officer picked up the backpack and the Defendant immediately fled from the scene. The officer searched the backpack and found a firearm which was stolen and three cell phones. Police obtained a warrant to search one cell phone. The Defendant was charged with robbery and several other offenses. The Court of held that, in these circumstances, he relinquished his reasonable expectation of privacy in his backpack because he abandoned it. After the trial court denied Defendant’s suppression motion as to both searches, he pleaded guilty to conspiracy to commit robbery and wearing, carrying, and transporting a handgun. The court of special affirmed. The COA affirmed, holding (1) because Defendant abandoned his backpack the warrantless search of his backpack was constitutionally permissible; and (2) the warrant authorizing the search of the cell phone did not comply with the particularity requirement of the Fourth Amendment, but the good faith exception to the exclusionary rule applied to the fruits of the cell phone search.

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 Posted on August 30, 2022 in Criminal Defense

You go out for a night of fun in Maryland with friends and have a couple of drinks. You had a well-deserved evening of relaxation. But the vibe changes dramatically shortly after you start your drive home. Blue and red lights behind you and your now pulling over to the side of road. That’s right, you got pulled over and arrested for DUI! One of your biggest fears is how it will affect your job. One your best moves at that point would be to immediately call Caroline Norman Frost.

License suspension and loss of auto insurance

If license wasn’t suspended already due to refusing to submit to a breath test, it could be suspended upon conviction for driving under the influence, which could impact your ability to get to work. Relying on Uber, a taxi or rideshare services is expensive and often impractical for a long-term license suspension.

Drunk driving charges also reflect negatively to auto insurance providers. As a result, some insurance companies will refuse to continue providing coverage to a driver that has been convicted of a DUI. If this happens to you, you may not have any way to get to work or you may lose your job entirely if you drive for a living.

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 Posted on August 04, 2022 in Criminal Defense

Expunging a charge for driving under the influence of alcohol or driving while impaired is very difficult in Maryland, and most times it is impossible. You cannot get a DUI or DWI charge expunged unless your case was dismissed/you were acquitted/found not guilty, placed on the stet docket and three years have passed (or a shorter time period if agreed to by the State and the Court), or your case was nolle prossed. DUIs and DWIs are rarely placed on the stet docket which is an inactive docket. If your DUI or DWI is part of one case number with multiple charges (sometimes happens when there was a jury trial prayer and all citations transferred together), and all charges are under the same case number and you were found guilty or given a PBJ for any of the charges, then it may still be difficult to get the DUI/DWI expunged.

The state allows law enforcement officers to charge suspected drivers with a DUI or DWI based on the evidence from a traffic stop. Police are not restricted to only charging individuals for one driving under the influence citation. Often times, multiple variations of the DUI/DWI statute are charged. That means that you may see 21-902(a), 21-902(b), 21-902(c), and/or 21-902(d), all charged for one incident. You may also be charged with reckless and/or negligent driving and/or other non-must appear payable driving offenses along with the DUI/DWI charges.

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