Criminal Defense Lawyer Blog
An 18-year-old Carroll County man with multiple outstanding arrest warrants was recently extradited from Michigan back to Maryland and is now being held in the Wicomico County Detention Center without bail. Additional charges have been filed since his return and now according to court records he has been charged with committing five criminal offenses in four separate counties on the same day. In Baltimore County the man is charged with multiple counts of rogue and vagabond and theft alleged to have occurred on May 30, which resulted in a Towson District Court judge issuing an arrest warrant. The alleged crime spree also ran its course on Eastern Shore where the man allegedly committed additional thefts from motor vehicles, disturbed the peace, and destroyed property. He was initially issued an arrest warrant out of Queen Anne’s County for rogue and vagabond, theft, malicious destruction of property and disorderly conduct, but now faces felony burglary and theft charges in another case with the same incident date. As he continued down Route 50 the man allegedly stopped in the Easton area to yet again commit more car burglaries resulting in a Talbot County District Court judge issuing another arrest warrant.
The apparent spree ended in Wicomico County where police allegedly located the man driving a stolen vehicle but were unable to apprehend him as he ditched his ride and fled into the woods. Shortly thereafter the suspect is accused of breaking into a nearby home and stealing a firearm and a truck. The resulting charges from his brief time in Salisbury include first degree burglary, felony theft, possession of a firearm by a minor, handgun in vehicle and motor vehicle theft. This set of charges resulted in the defendant being held without bond, while he was released on this own recognizance in the other three cases. The Wicomico case also likely played a role in the extradition process, as there is a chance he would not have been brought back to Maryland if the charges were limited to misdemeanor rogue and vagabond, theft and disorderly conduct. On the other hand, the fact that there were multiple warrants would likely have been motivation enough for someone from a Maryland law enforcement agency to make the trek to Michigan.
The story brings up a few interesting criminal law issues such as the complicated nature of extradition proceedings. All individuals who are arrested on an out of state warrant have the right to contest their detention and ultimate transfer back to the charging state, but doing so is almost certain to be a losing proposition. A defendant who contests the extradition process may end up serving additional time without receiving credit for the time served. Ultimately the only grounds that can be raised are whether there is a warrant and the defendant is actually the person who is sought. Defendants have no right to challenge the charges or even to attack the existence of probable cause. Contesting extradition is a lengthy process that only requires the state to produce a warrant signed by the governor. Hypothetically the state could fail to provide a Governor’s Warrant by the deadline (usually in the range of 90 days) and the defendant could be released but, in most cases, this is not a strategy worth exploring. This defendant had a short stay in Michigan, which means he almost certainly waived extradition upon being brought before a judge.
This case also presents a potential challenge for the defense, as it would be most beneficial for the defendant to retain one lawyer to handle all five cases. As of now though the defendant is without representation and faces the possibility of having multiple lawyers attempting to coordinate a solid defense across four jurisdictions. The cases will also have different timelines, as the district court matters will be scheduled for trial much faster than the two felony burglary matters that will have to be handled in circuit court. Maryland district courts have jurisdiction over felony theft cases including motor vehicle unlawful taking but cannot hear a felony burglary case. A felony case typically is typically set for trial in circuit court between 4 and 6 months after an arrest or summons is first issued, while district court cases can be set for trial as soon as 1 month after the arrest.
If you have been arrested or have received a summons or citation contact Maryland criminal attorney Benjamin Herbst anytime for a free consultation. Benjamin has successfully represented hundreds of adult and juvenile clients on the Eastern Shore (Queen Anne’s, Talbot, Dorchester, Wicomico and Worcester Counties) and in the Baltimore and D.C. Metro area for crimes including motor vehicle theft, rogue and vagabond, theft and malicious destruction of property. He has extensive experience in cases where a defendant is charged in multiple jurisdictions and specializes in representing out of state defendant in Maryland gun charges and other criminal offenses. Benjamin is always available to speak to his clients via cell phone and takes great pride in being easily accessible. Being a defendant is a stressful experience and have a lawyer how is hard to reach makes it much worse. Contact Benjamin anytime at 410-207-2598.
Resources:
Maryland man extradited from Michigan on numerous arrest warrants, wmdt.com.