Criminal Defense Lawyer Blog
Police in Cecil County recently arrested the owner of a burned-down Elkton crab shack after he allegedly plundered other restaurants in Maryland and Delaware in a misguided attempt to get back on his feet. The defendant was arrested last week and extradited to Delaware on a warrant shortly thereafter to face theft scheme charges. He is no longer in custody in Delaware but will be due in court at some point soon. As of now there are no theft charges in Maryland, which means Delaware may end up prosecuting all the alleged thefts. Theft crimes can be prosecuted in the jurisdiction where the theft originally occurred or in a place where the defendant allegedly took the stolen goods. For example, if a defendant steals a motor vehicle in Montgomery County and is eventually pulled over in Baltimore County, he or she could face charges in either county, but not both.
The theft scheme was likely hatched after the defendant lost his crab shack to a fire back on July 8. Typically when we see a restaurant owner arrested after a fire it is due to an allegation of arson, but that does not appear to be the case here. The crab shack was a shack in the truest sense of the word as reports indicated the defendant was running a worn extension cord under the door to a chest freezer inside the kitchen. There was no electricity inside the kitchen area, so the defendant used propane tanks, which ultimately exploded when the worn cord started emitting sparks. The explosion was so violent in rocked the defendant’s landlord’s home that was located in front of the shack. Reports indicate that the landlord agreed to lease the shack to the defendant on the condition that he obtain insurance. Allegedly the defendant told his landlord he had insurance but did not, which left the landlord the foot the bill for all the damage. The plot thickened as the defendant allegedly started a fundraising page asking for money to rebuild the shack, when in reality he was not the owner.
The defendant was arrested in Cecil County on August 5, and it appears that he attempted to bring contraband into the Cecil County jail. Court records show he was he was charged with possession of contraband in a place of confinement by the Sheriff’s Department. He was issued a summons on this case and not required to post a bond. This charge requires the State to prove the defendant knowingly possessed contraband, which means he may be able to fight the case by arguing he had no knowledge. Police always search a defendant immediately after placing them under arrest, but sometimes these searches are not thorough. Deputy Sheriffs and Correctional Officers will perform a more thorough search before a defendant is booked into jail, and often these searches can yield a small item that can be considered contraband. It could be a pill or a small piece of a marijuana cigarette that the defendant had no idea was still on his or her person, and if found the detention staff will not hesitate to file charges for contraband introduction. The defendant is due in court in September for the contraband case and has another pending matter for operating a food establishment without a license scheduled for August. Both cases are set in the District Court of Maryland for Cecil County located in downtown Elkton.
The Blog will follow this case and may post another article down the road if something newsworthy occurs. If you or a loved one is facing criminal charges, contact Maryland theft lawyer Benjamin Herbst anytime for a free consultation. Benjamin has extensive experience defending clients charged with crimes from shoplifting to complex white collar theft schemes. He had successfully defended employee theft cases, embezzlement, unlawful taking of a motor vehicle and felony theft charges throughout the state and handles theft of government property charges in federal court. Additionally, Benjamin specializes in arson, contraband charges and business code violations, and knows that these cases are often beatable with a solid defense. Contact Benjamin anytime at 410-207-2598 for a free consultation about your case or to discuss the filing of a bail review or motion to recall an arrest warrant.
Resources:
Owner of burnt-down Maryland crab shack accused of stealing equipment, bushels of crabs, cbsnews.com.
Photo: Jaradah Fish