Criminal Defense Lawyer Blog
The city of Baltimore will not soon forget 2013. A year that started out on such a high note for the city with the Ravens winning the Super Bowl quickly went the opposite direction in months that followed. During the spring and summer Baltimore was in and out of national headlines due to a large-scale jailhouse corruption ring. And in the last few months the city has witnessed a major uptick in gang related violent crime and homicide. From the middle of October to the middle of November there were a staggering 29 murders. The city has responded by enacting a new 5-year anti crime policy that was made public by the police commissioner and the mayor one week before the Thanksgiving holiday. The plan, which is laid out in a 192-page report, will shift the majority of law enforcement focus to gangs, guns, and repeat violent offenders. Although specific tactics and techniques were not fully explained, officials expect that improvements in intelligence gathering and cooperation with other law enforcement agencies will make for more effective policing. Unfortunately though for the citizens of Baltimore press releases and hundred page reports will not suppress crime automatically. Only officers out on the streets can accomplish this goal, but a shortage of qualified officers may prove to be a challenging hurdle.
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Baltimore Faces Officer Shortage As Crime Rises
The Blog has posted multiple articles about our state’s gun laws in the past few weeks as Maryland’s controversial gun laws just cannot seem to stay out of the news. This week was no different, with another headline courtesy of the United States Supreme Court. The Court recently announced that it would not hear argument on the statewide firearm carry permit law, which was upheld by U.S. Court of Appeals for the 4th District this past year. The challenge to the law began when a gun owner from Baltimore had his concealed carry application denied because he could not prove to the state that he had a “good and substantial reason” for the license. This was despite the fact that the man’s house had been burglarized multiple times. The gun owner filed suit in federal district court, and was joined by The Second Amendment foundation, an organization that opposes firearm restrictions. The district court judge agreed that the law was too restrictive and vague, and found it unconstitutional. But the victory was short lived for plaintiffs after the Appellate court reversed and held that the law could stand. Both parties were confident that the Supreme Court would settle the issue for good (and in their respective favor), but it wasn’t to be as the Court decided the 4th Circuit would have the final say.
In the past month the Blog has posted an article about crime in the NFL, and another article about stiffer gun laws in Maryland becoming effective. Coincidently, this past week a story broke that combines these two issues; the NFL has now adopted a stiffer gun policy. As of this past Sunday, off duty police officers are no longer allowed to carry their firearms into NFL stadiums on gameday. The policy had previously allowed off duty cops to carry their weapons into the stadiums provided they used a special entrance, and notify NFL security of their seat location. The league did not provide specific reasons for instituting this new policy midway through the season, and police unions and law enforcement officers around the country have expressed widespread frustration about the change. In some cases this new rule directly contradicts police department policy and even state law.
Maryland is widely known as having some of the strictest gun laws in the entire country. Few states have provisions that even come close to the highly controversial law, which requires citizens to prove a good and substantial reason to possess a carry permit. Maryland also requires mandatory background checks for all gun purchases, regardless of whether the seller is a licensed dealer or a private party. There is also a mandatory seven-day waiting period in order to buy a gun. And now after the close of this years legislative session in Annapolis, the strict are bound get stricter after The General Assembly passed new firearms regulations. The bill, which has generated national attention, is awaiting Governor O’Malley’s signature before it becomes law. All prior indications from the Governor’s office have signaled that signing on the dotted line is a foregone conclusion. The new law will have a sweeping impact on all aspects of firearms regulation including purchasing, possessing, and selling.
A little over a year ago, Federal District Court Judge Benson Everett Legg ruled that the “good and substantial” provision of the Maryland concealed carry gun law was unconstitutional. This provision required citizens to prove to the state Handgun Permit Unit that they had a good and substantial reason before being granted a concealed carry permit. When a Baltimore County man was denied one such permit, he filed suit in federal court, and the Second Amendment Foundation, which advocates for the preservation of the right to carry, joined in the lawsuit. Despite the Attorney General’s best efforts, Judge Legg concluded that the law was too broad to satisfy the state’s compelling interest to protect its citizens and prevent crime. According to the Judge the good and substantial provision did not safeguard the public from every handgun related hazard, and therefore did not do enough to justify a significant limitation on the constitutional right to bear arms. But just last week, a three-judge panel sitting for the U.S. Court of Appeals for the 4th Circuit unanimously disagreed with Judge Legg, and reversed his decision.
The Baltimore Police Department and the Mayor’s office has released it annual crime report, and the statistics are mixed as to whether 2012 was another step in the right direction. The city’s homicide rate rose for the first time in a few years, and this is a cause for concern from the police and the mayor’s office. In 2011 the city reported 197 murders, which is still a relatively high number considering the overall population. But last year this number actually rose ten percent to 217 murders, thus assuring that Baltimore will still be talked about with the likes of Detroit, Oakland, and St. Louis as one of the most violent cities in America. Although homicides were up it still may not be fair to lump our city in with the usual suspects of violent places. In fact, 2012 crime statistics of other violent crimes and certain property crimes show just the opposite.
Maryland lawmakers are set to begin the 2013 legislative session next week in Annapolis, and gun control is one topic on the minds of many representatives. State legislatures from all over the country will undoubtedly take a deep look into their respective gun laws following the Newtown, Connecticut tragedy, and Maryland is no exception. At least one representative, a democrat from Baltimore County, has already publically proposed a bill that would require active duty police officers to be deployed full time in all state public schools. There are currently school resources officers in many middle and high schools and a few elementary schools, but deploying these officers in public schools is not mandatory. School resource officers are sworn policemen and women that have arrest powers, and carry standard issue police firearms. The bill was submitted as emergency legislation, which means that if it passes it could go into effect as soon as February. It is obviously too early to tell if the bill will receive any opposition, but it seems as if the financial burden on local police jurisdictions would be the only obstacle to the bill’s passage.
A Maryland man was arrested for multiple drug charges after police used a search warrant to raid his Ann Arundel County home. Ann Arundel police executed the search warrant and discovered approximately 46 marijuana plants, which ranged from 5 to 6 feet tall. Police did not release the exact details of what led them to the 53 year old man’s home, but police did say that residents of the neighborhood had voiced to concerns to cops about possible drug activity going on in the house. According to police, the Maryland man was arrested for 9 drug charges including manufacturing marijuana, possession of marijuana with intent to distribute, and possession of marijuana. Manufacturing marijuana and possession of marijuana with intent to distribute are both felonies, while possession of marijuana is a misdemeanor. Police did not indicate whether they had any concrete evidence that the Maryland homeowner was actually dealing drugs, or if the marijuana grow operation was simply for personal use. According to police, the marijuana would eventually have a street value of over 50 thousand dollars once the marijuana was harvested.
The last of five suspects involved a string of Baltimore area armed robberies was recently sentenced to prison. Maryland federal district judge Benson E. Legg handed down the 10 and a half year sentence, which also included a 3 year term of probation when the prison term expires. Judge Legg is the same federal district judge who just last month declared a controversial Maryland gun law unconstitutional (