Criminal Defense Lawyer Blog
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annapolis-237078_960_720-300x195The 2025 Maryland Legislative Session recently came to an end with lawmakers failing to tackle numerous criminal justice issues.  Despite the fact that Annapolis lawmakers have repeatedly expressed a desire to address the inundation of ghost guns, no consequential gun legislation landed on the Governor’s desk.  Ghost guns have been illegal to possess in Maryland since 2022 unless they are properly serialized and registered.  Over the last three years the penalties for illegal possession and the accessibility of the parts have not changed, and police continue to seize ghost guns from juveniles and young adults at an alarming rate.

Just in the last 30 days two teenagers were arrested after ghost guns were found in public schools.  The first incident occurred at a Charles County high school at the end of April after a 17-year-old student’s bag was searched due to an overwhelming smell of marijuana.  The second incident occurred just this week at Gaithersburg High School when a 15-year-old student was found in possession of a loaded ghost gun.  The Blog will continue to follow the ghost gun epidemic, but it is a complex issue since the buying and selling of the materials used to create these firearms will likely remain protected by the Second Amendment.

In addition to the ghost gun issue, there has also been much talk about juvenile justice reform.  The legislature has flipped back and forth from passing softer juvenile justice policy to tightening up the system with stricter legislation.  This year lawmakers in Annapolis punted on juvenile justice to the disappointment of many who were hoping for crackdowns on increasing juvenile crime.

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22186_klauandlauf-300x225Retail theft in the Baltimore Washington Metro area has reached critical levels over the past few years, and has resulted in numerous store closings in high crime areas.  This trend has also contributed to price increases and a general sense of uneasiness for store employees and shoppers alike.  The trend has not gone unnoticed, and this year lawmakers have decided to fight back by passing a bill targeting organized retail theft.  Senate Bill 11 was a major priority for Annapolis lawmakers and it will likely be signed by the governor and become state law on October 1.  Organized retail theft is defined as the commission of a series of thefts of retail merchandise over a 90-day period with the intent to permanently deprive the owner of said merchandise.  It can be committed by one person or a group of persons acting under the same scheme or plan.  The kicker is that if the thefts are committed across multiple jurisdictions the State can add the total value of the alleged thefts when considering which charges to file.  Currently retail thefts committed in two separate counties would have to be charged in two separate cases.  If the value of each theft was less than $1,500 the defendant would face two misdemeanor offenses with a 6-month maximum sentence.  Come October, this same defendant could face felony organized retail theft charges in either county (but not both), which would carry up to five years in prison.

The penalties for theft have decreased over the last several years, as the legislature has increased the threshold for a felony from over $1,000 to over $1,500.  Lawmakers have also reduced the penalty for misdemeanor theft from 18 months to 6 months.  Shoplifting under $100 maintained its 90-day maximum penalty.  Currently Maryland Criminal Law Section 7-104 provides enhanced penalties for repeat offenders, but unlike many other repeat offender provisions, the theft enhancement only comes into play for a person with 4 or more prior convictions.  Under this rare circumstance the penalty for misdemeanor theft over $100 but less than $1,500 jumps to 5 years in prison provided the State serves the defendant or the attorney at least 15 days before trial.

Past reductions in theft penalties may not have made a material contribution to the rise in organized retail theft, but lawmakers may be regretting the recent trend nonetheless.  It remains to be seen how often the State will prosecute defendants under the new organized retail theft law, as it would require communication between multiple law enforcement agencies and prosecutor’s offices.  In other words, the enforcement would have to be more organized than the criminal acts.  It will be interesting to see how long it takes for the first prosecution to occur, as we still think this provision would be rather rare.  We are not saying this bill is merely a nice headline for lawmakers, but there is a real chance it ends up being a paper tiger when it’s all said and done.
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gun-728958_1280-300x169The United States Attorney’s Office recently announced a 44-year-old man from Silver Spring was sentenced to nearly 5 years in prison for possession of a firearm by a convicted felon.  He was also charged with possession of ammunition by a convicted felon due to the firearm being loaded when it was seized by police.  According to facts that were recited during the plea agreement, an off-duty police officer with the Riverdale Park Police Department was working as a restaurant security guard when he was informed about a suspicious individual possibly possessing a firearm.  A restaurant employee apparently told the off-duty cop that a patron entered the establishment with a fanny pack that potentially contained a gun.  The tip was corroborated when two other individuals reported that they had been threatened with a firearm while at the restaurant.  Officers responded to the scene and found the suspect by the door to the restaurant’s kitchen.  Upon seeing the officers, the suspect fled and discarded the fanny pack as he was running.  Police apprehended the suspect and located the fanny pack, which contained a Glock .45 caliber handgun loaded with 8 rounds of ammunition.  Police later determined that the suspect was prohibited from possessing a firearm due to a prior felony conviction.

While the criminal acts in this case occurred in Prince George’s County, the man was prosecuted in the United States District Court for the District of Maryland rather than in Upper Marlboro at the PG County Circuit Court.  All federal criminal cases from the southern portions of Maryland including PG County, Charles County, St. Mary’s County and the Eastern Shore are prosecuted in the Greenbelt Courthouse, which is where this defendant was recently sentenced.  The official sentence included 58 months in federal prison followed by 3 years of supervised release.  Supervised release is basically the federal term for probation.  This case could have been prosecuted under state law, but federal prosecutors are constantly looking for firearm cases involving convicted felons to beef up their conviction records.  Just last week another Maryland man from St. Mary’s County was indicted on similar charges after the St. Mary’s County Sheriff’s Office conducted a search warrant of his Lexington Park home and found an AK-47 rifle. 

There is no specific formula for when the feds will pick up a gun cases from state court, but they will almost always involve convicted felons in possession.  Firearm possession by a disqualified individual such as a convicted felon is illegal under federal law and state law, which means either the feds or the local state’s attorney’s office can charge a person in Maryland.  Gun crimes do not need to be committed on federal property for the feds to have jurisdiction, and they do not have to be investigated or charged by federal agents to be prosecuted by the U.S. Attorney’s Office.  The U.S. Attorney’s Office can step in at any point and charge a person, which usually results in the state case being set for a nolle pros. in circuit court.  While the Maryland state charge for possession of a firearm by a convicted felon carries the same 15-year maximum penalty as the federal charge, federal prosecutions carry a stigma for being tougher in defendants.  In reality the 5-year mandatory sentence for a felon in possession of a firearm in state court may result in a harsher sentence than a case with similar facts in federal court.  If a person has numerous prior convictions, his or her federal guidelines will likely be higher than the state guidelines, but the state has the minimum mandatory.  Overall, it can be a tossup which jurisdiction is better for a particular defendant.  Either way, all defendants are urged to contact an experienced Maryland gun crime lawyer.  The Blog will continue to follow these federal prosecutions and may post a follow up article as gun possession cases continue to end up in the Baltimore and Greenbelt courthouses.  If you been charged with felon in possession of a firearm or any other gun crime in state or federal court, contact Benjamin Herbst anytime at 410-207-2598.
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annapolis-237078_960_720-300x195Juvenile justice reform continues to be a hot button issue in Annapolis, as lawmakers recently debated measures to decrease the number of cases where minors are charged as adults.  In previous legislative sessions gun laws and marijuana dominated the criminal justice headlines, but state policy on these topics is somewhat settled for now.  Juvenile justice however is a fluid issue, with strong arguments coming from both sides.  Last year numerous State’s Attorney’s Offices lobbied for decreasing the age of juvenile criminal jurisdiction for certain non-violent crimes from 13 to 10.  That law passed and went into effect in October.  Now Public Defenders and other lobbyists from around the state are seeking to eliminate the direct filing of adult charges for 16 and 17-year-old juveniles in many offenses, including some violent felonies.  If the bill passes these teens would be charged in juvenile court and then see a magistrate judge for a detention hearing rather than a bail review.  Their cases would then be on the juvenile timeline, which is generally much quicker than an adult case.

Senate Bill 422 seeks to increase the juvenile court’s jurisdiction over 16 and 17-year-olds who are charged with numerous crimes such as robbery, firearm possession and assault in the first degree.  Current Maryland law requires teens in this age group to be charged as adults if they are arrested for these crimes and others such as third-degree sexual offense, attempted robbery and all crimes involving possession or the use of a firearm.  These juveniles are arrested and booked into the adult jail facilities pending a bail review, and many are initially held without bail.  Juveniles held without bail have the opportunity to request detention in a secure juvenile facility, but transfer could take several days.  A large percentage of these direct filed cases end up in juvenile court by agreement of the attorneys or if the judge grants a motion for reverse waiver to juvenile court, but this process could take several months.

An experienced juvenile criminal defense lawyer should file for the reverse waiver immediately upon being retained, but there are still unavoidable delays in setting matter for a hearing.  The Department of Juvenile Services must first complete a study and provide this information to the Court.  DJS often fails to meet the deadlines imposed by the Court, and in some jurisdictions DJS completes the study but the hearing is set way down the road.  On average, juveniles charged as adults will wait about 5 months for cases to be resolved or transferred to juvenile courts.  Those in favor of changing the law argue that this 5-month wait costs the state millions of dollars due to the high cost per day of detaining a juvenile and the slow nature of the transfer process.  This argument does not factor in the percentage of juveniles who are released pending a waiver transfer hearing.
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Gun-evidence-box-300x225The HQL process is here to stay, as the United States Supreme Court declined to review an argument challenging the policy for purchasing a handgun in Maryland.  Gun rights advocates have been pushing for repeal of the HQL process since 2022 when the Supreme Court declared the state’s “may issue” policy regarding the issuance of wear and carry permits was unconstitutional.  This was a massive nationwide victory for the gun lobby, who apparently wanted to strike while the iron was hot.  For a few months it actually seemed as if the Marylanders would no longer have to obtain a license in order to purchase a handgun as the HQL requires.  In the fall of 2023, a three-judge panel struck down the State Police regulation that requires state residents to submit fingerprints and complete a 4-hour safety court before being eligible to obtain the license to purchase.  However, the victory was short lived, as in the summer of 2024 a majority of a full panel of judges at the 4th U.S. Circuit Court of Appeals in Richmond, Virginia reversed the three-judge panel’s ruling and affirmed the District Court’s original decision to uphold the law.

After the Court of Appeals upheld the trial court’s original ruling the gun lobby had one more shot to make an argument in the country’s highest court, but only if the Justices chose to accept the case.  They declined, and now the HQL lives on.  Maryland citizens will continue to have to obtain a license before being granted permission to purchase a handgun.  The requirements do not extend to rifles and shotguns, which are treated differently under a variety of Maryland laws.  A Handgun Qualification License is not the same as a wear and carry permit, and anyone with a HQL who is found to be unlawfully transporting a handgun will likely be arrested and charged with a 5-year misdemeanor for wear, transport or carry of a firearm.  While it may be brought up in mitigation, a valid HQL is not a legal defense to unlawful carry of a firearm.

With this victory by the Attorney General’s Office and the State Police, Maryland will continue to live up to its reputation as one of the most unfriendly gun rights states in the country.  Each year many out-of-state residents learn the hard way how difficult it is to comply with these strict gun laws while passing through our state.  If you plan on driving through Maryland with a gun or have been charged with a firearm offense, contact Maryland gun crime lawyer Benjamin Herbst anytime for a free consultation.  Benjamin has successfully defended hundreds of clients in firearm offenses including wear, transport or carry, possession by a prohibited person and use of a firearm in a crime of violence.  He represents adults and juveniles in crimes such as possession of a firearm by a minor.  Benjamin is also an experienced federal gun lawyer who has represented dozens of defendants in the Greenbelt and Baltimore federal courthouses for crimes including possession of a firearm at a federal facility and other citations.  There are numerous U.S. government properties (Fort Meade, NIH and Joint Base Andrews) and federally patrolled roadways in the state of Maryland (BW Parkway / 295), and these areas are all under the jurisdiction of federal law enforcement.  Even a person who holds a valid wear and carry permit may be subject to federal prosecution for setting foot on a military base or federal installation with his or her lawfully registered handgun.  Benjamin offers free consultations about all criminal cases and is available 7 days a week for his clients.  Contact Benjamin anytime at 410-207-2598.

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handcuffs-2102488__480-300x169Maryland lawmakers are working toward limiting the powers of District Court Commissioners after a failed attempt to do the same during last year’s legislative session.  House Bill 21 specifically focuses on a commissioner’s power to issue an arrest warrant in cases initiated by a civilian complaint.  This reform is long overdue, as Maryland has become notorious for false arrests, which have unfortunately led to hundreds of unjust incarcerations.  While commissioners from many jurisdictions are hesitant to issue arrest warrants in civilian complaints, Baltimore City has remained a haven for bogus warrants.  The problem is then compounded by District Court judges who  routinely hold defendants without bail over domestic violence allegations and any case that mentions the word firearm.  Few judges will actually consider that civilian authored complaints could, and often are, completely fabricated.  Despite the fact that the State’s Attorney’s Office is supporting the Bill, they share much of the responsibility for false incarcerations by recommending that many of these defendants be held without bail until trial.

Before continuing this article, it is important to understand how cases are initiated in the District Court of Maryland.  Normally if an officer witnesses a crime, he or she will make an arrest called an “on view arrest”, take the suspect to the jail and write up a statement of charges.  The commissioner will then review the statement of charges to determine if the suspect is released.  Officers may also respond to a call for service and write their own statement of charges even if they did not witness the actual incident.  This requires them to go to the commissioner’s office and thus is more work for the police.  A case can also be initiated by a civilian who shows up in person at any District Court Commissioner’s Office.  These offices are typically located in the courthouse or the jail and are open 24/7.  As it stands now if a civilian writes a scathing statement of charges and mentions the presence of weapons (especially a firearm), a commissioner may issue an arrest warrant without ever questioning the credibility of the author.  The commissioner won’t ask if the author has a reason to lie, and they will not conduct a background check.  They will just review the document to see if the allegations are sufficient to satisfy the elements of the crime.  In Maryland an arrest warrant can be issued against a totally innocent individual without a trained investigator or prosecutor ever talking to a witness or even laying eyes on the charging document.

If passed by the General Assembly, House Bill 21 will only allow a commissioner to issue an arrest warrant if the author of the statement of charges is a police officer or a prosecutor.  A commissioner must also make a determination that the defendant’s whereabouts are unknown, the defendant has previously failed to appear for court, is in custody in another jurisdiction or is a danger to the community or the victim.  This creates a logical layer of protection against false arrests that lawmakers and prosecutors have largely ignored for decades.  In cases where a warrant is issued, the defendant and his or her lawyer may file a motion to recall the warrant, and the judge may agree to do so upon a finding of good cause.

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hammer-802296__480-300x225The Maryland Attorney General’s Office is prosecuting four men for their alleged involvement in a multi-jurisdictional theft scheme that resulted in losses of more than $800,000 to various retail stores.  Criminal indictments were filed in the Circuit Court for Howard County where three of the defendants are set for jury trial beginning in January.  One of the defendants has already entered a guilty plea, and his case is set for sentencing in June of next year.  The other defendants are each facing more than ten charges including criminal gang participation under Maryland Criminal Law section 9-804.  Other charges include felony second degree burglary, theft scheme over $100,000, theft $25,000 to $100,000 and conspiracy.

According to reports the four men are accused of participating in at least 37 theft and burglary crimes from September of 2023 through June of 2024.  Many of the thefts were allegedly committed during business hours, and some involved multiple people filling bags with merchandise at the same time to overwhelm store employees.  Other thefts were committed after closing hours.  A number of these after-hours thefts likely involved breaking and entering the store, and the resulting burglary charges.  Retail theft continues to be a major problem for businesses across the county and especially in the Baltimore and D.C. Metro areas.  Some popular retailers are closing stores and prices continue to increase to combat shrink, which is the loss of inventory that could otherwise be sold.

Retail stores across Maryland were targeted in this criminal conspiracy, which is likely why the Attorney General’s Office became involved.  The AG’s Office typically prosecutes gang related activity and multi-jurisdictional cases in order to streamline the prosecution.  These defendants are charged with committing offenses in Baltimore County, Howard County, Prince George’s County and Queen Anne’s County.  Legally, a defendant can be charged with a theft crime in the jurisdiction where the theft occurred or where the stolen items were taken or stored.  Theft scheme and conspiracy cases can be prosecuted in any jurisdiction where there was an act in furtherance of the crime.  The press release did not indicate why charges were brought in Howard County, but AG’s Office often prosecutes cases in centrally located jurisdictions that are close to its Baltimore City office.

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concertina-wire-1031773_960_720-200x300Juvenile crime was a hot topic during the last Maryland legislative session, and a controversial criminal law from that session is now in effect.  Since 2022 with the passage of juvenile justice reform, juveniles under the age of 13 were not permitted to be charged with a crime unless it was an offense classified as a crime of violence under Maryland law.  Crimes of violence include carjacking, robbery, assault in the first degree and attempted murder.  Rather, these children were required to be immediately released to a guardian upon being arrested, and in many cases there were children who the police knew were involved in crimes but never arrested due to their age.  Those lobbying for change argued that older children would frequently induce their younger friends, neighbors and classmates to commit crimes for them.  This included a dramatic spike in car thefts in Baltimore City and County that gained nationwide media exposure after a child was accused of upwards of ten motor vehicle thefts without being charged for a single one.  Younger children, like this child, were thus placed in more harm than exposure to the juvenile system could ever cause.  Lawmakers agreed and passed legislation that lowered the minimum age to for when a child could be charged for certain non-violent offenses to 10.

The list of crimes includes handgun possession and other firearm offenses, felony animal cruelty and certain sex offenses such as sex offense in the third degree.  Other modifications to the existing juvenile justice policy include adding a provision that requires respondents in juvenile delinquency cases to be placed on GPS monitoring if released from detention on a felony.  Juveniles facing misdemeanor charges will not be permitted to be detained unless the offense involves firearm possession or in cases where the juvenile has a history of more than two delinquency findings.  Respondents who are charged with motor vehicle theft may also be summoned to appear in court for CINA proceedings where DJS could be ordered to intervene in the child’s home life.

Juvenile justice reform has been a highly controversial topic since the pandemic, as certain juvenile offenses have skyrocketed over the last few years.  Carjacking, firearm possession and motor vehicle theft continue to receive the most attention, but overall juvenile complaints rose 75% from 2021 to 2023.  Firearm offense numbers are particularly alarming, as reports indicate juvenile handgun violations are up more than 200%.

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atm-313958_1280-300x200Federal law enforcement officers have arrest two more suspects in an ATM theft and robbery scheme that allegedly resulted in over $8 million in ill-gotten gains.  The two suspects from Prince George’s County were brought before a federal magistrate judge and held without bond on charges of conspiracy to interfere with interstate commerce by robbery.  During the detention hearings the government alleged that both defendants were part of a group that had targeted over 75 ATM machines in the Delaware, Maryland and Virginia area since 2023.  According to a detention memo filed by the government, the group allegedly used high powered tools such as gas-powered saws and Jaws of Life machines to pry open the ATMs and steal the cash.  These ATM machines were primarily located in 7-Eleven stores, and the group apparently hit multiple stores in one night.  The memo also laid out the common method in which the group would carry out the robberies and included using radios to communicate and splitting the responsibilities between opening the ATMs, destroying surveillance and subduing employees.  Federal prosecutors emphasized that many of these robberies were carried out with firearms, and that search warrants executed on the suspect’s homes and storage units produced multiple handguns and rifles.

Numerous other defendants have been arrested and charged in this ATM theft and robbery scheme, but there have been additional reported incidents that are not related to this group.  Both the Prince George’s and Montgomery County Police Departments have been on high alert for the past year or so, and PG County has a dedicated detective unit assigned to ATM thefts.  A few months ago, another defendant was arrested for allegedly robbing eight 7-Elevens in Prince George’s County.  This 31-year-old man from Upper Marlboro is facing a 44-count indictment in the PG County Circuit Court that is apparently not related to the federal conspiracy.  He is currently held without bond at the detention center and is set for trial in April after several prior trial dates had been postponed.  Since his arrest there have been additional incidents involving ATM thefts in the area.  Recently a pair of suspects backed a 15-passenger van into a Montgomery County 7-Eleven and then loaded the entire cash machine in the back as they stepped over a mix of shattered glass and junk food.  This incident would likely be charged as a theft and malicious destruction of property and not a robbery.  If the store was occupied the defendants could conceivably be charged with reckless endangerment and even first-degree assault depending on the location of the individuals in the store.  Robbery requires that the defendants assert some sort of force over another person to carry out the theft, and in most cases the penalty for robbery and armed robbery is significantly higher than theft.

The Blog will continue to follow this incident and other cases involving ATM theft in the area.  We will post a follow up article if any newsworthy developments come out of the state or federal courthouses in Upper Marlboro, Rockville or Greenbelt.  If you have been charged or are being investigated for robbery anywhere in Maryland contact Benjamin Herbst anytime for a free consultation.  Benjamin is a theft and robbery lawyer who has extensive experience with juvenile criminal defense and gun charges.  He represents clients in state and federal court and is available 7 days per week for a free consultation.  Benjamin is also available on short notice for bail reviews and detention hearings and specializes in probation violation defense in all Maryland jurisdictions.

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Gun-evidence-box-300x225The Maryland State Board of Education recently voted in favor an emergency measure designed to mandate school administrators be informed when a student has been convicted or charged with serious crime.  The emergency measure came in response to a 17-year-old Howard County student being found with a loaded ghost gun in his backpack after he was arrested on a warrant for murder.  School administrators from Howard County were not informed that this student had been previously accused of attempted murder in another unrelated case and was attending classes while wearing a GPS ankle monitor issued by the Department of Juvenile Services.  This student transferred from Anne Arundel County schools to Howard High, and during the transfer process neither principal nor the Howard County superintendent were informed of the student’s criminal background.  The student reportedly would not have been allowed to attend classes in person had administration known about his past.

Previous regulations gave the original school system discretion about what information to share with the new school system, but now the sharing is mandatory for serious offenses including robbery, carjacking and sex crimes.  It took an alarming incident for changes to be implemented, and the Howard High community is still reeling from the recent events that began with a shooting outside of a Columbia office building on October 5.  The defendant was arrested at Howard High 10 days after the shooting and charged as an adult with first degree murder.  He will also face charges for possessing an illegal regulated firearm on school property.  Police say the firearm was a ghost gun with no serial number and a large capacity magazine.  These firearms are illegal for anyone to possess, and Maryland law prohibits large capacity magazines and anyone under the 21 from possessing a firearm.  The Maryland Public Safety Code also prohibits anyone under the age of 30 with a qualifying record of juvenile delinquency from possessing a firearm.

In addition to the Board of Education coming under fire, there has also been an outcry of criticism directed toward the Department of Juvenile Services and its leadership.  Concerned citizens are questioning why the 17-year-old student was out of custody in the first place, much less attending classes at a public high school.  DJS seemed to deflect responsibility about reporting requirements to the police and the State’s Attorney’s Offices, who are required to report certain information to schools.  They also noted that juveniles are detained by DJS when charged with certain high-risk category 1 offenses, but it is then the judge’s call whether to release or hold at a detention hearing on the next business day.  Ultimately it is up to lawmakers to develop policy where decisions are not left up to DJS officials who can find themselves choosing between unlawful disclosure of juvenile records and protecting the public.

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