Criminal Defense Lawyer Blog
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handcuffs-2102488__480-300x169The Frederick Police Department recently announced the arrest of a 20-year-old man in connection with a shooting at a local fast-food restaurant.  According to the department’s press release the suspect and a female began fighting inside the restaurant when another male attempted to intervene to break up the fight.  The suspect then shot the man multiple times, and he ended up succumbing to his injuries while still on scene.  The cause of death was ruled a homicide, and police filed charges for 1st and 2nd degree murder, as well as assault and various firearms charges later that night.  An arrest warrant was issued soon thereafter and police ultimately located and arrested the suspect.  Police are still gathering information, and the investigation is still considered active.  This means other suspects could potentially be charged in connection with the shooting, and/or the presence of the firearm.  The 20-year-old now faces a maximum penalty of life in prison for his actions, and could potentially face life in prison without the possibility of parole if the State elects to pursue this enhanced punishment.  Under Maryland law anyone convicted of first-degree murder faces a mandatory sentence of life in prison.  There is also a 5-year mandatory prison sentence for anyone convicted of firearm use in a crime of violence, which is another charge the defendant is facing.

The defendant was brought before a District Court judge the day after his arrest, and as expected was denied bail or pre-trial release.  He has a preliminary hearing scheduled for the end of January, but the charges will almost certainly be filed in the Circuit Court for Frederick County before the preliminary takes place.  Based on a records check the defendant does not appear to have any prior adult criminal record in Maryland.  Juvenile cases are sealed from public view, so it is unclear whether the defendant has a history of violence or weapon possession.  As of this year, cases involving juveniles who are charged in adult court are also sealed from public view, though their case files may be available to view at the Clerk’s office.  Anyone over the age of 16 who is accused of a crime of violence such as robbery, attempted murder or first-degree assault will be charged as an adult in Maryland, as the juvenile courts do not have original jurisdiction over these cases.  Firearm offenses committed by juveniles 16 and over also must be tried in adult court pending a transfer request.

The Blog will continue to follow this tragic story and may post a follow up article in the future.  Frederick County has a relatively low rate of violent crime and especially homicide.  Over the past decade the murder rate has fluctuated between 1 and 5 per 100,000 of the population, which is typically on par with neighboring Montgomery County, but substantially lower than Prince George’s County, Baltimore County and of course Baltimore City.  Montgomery County recently recorded its highest number of murders ever, as a 35th case was recorded shortly before the year’s end.  If you or a loved one has been charged or is being investigated for murder, attempted murder, assault and any type of firearm offense call Maryland gun lawyer Benjamin Herbst anytime for a free consultation.  Benjamin specializes in offenses such as assault in the first degree, manslaughter, attempted murder and use of a firearm in a crime of violence.  He has defended clients in every jurisdiction in the state of Maryland including Frederick, Montgomery County and Baltimore.  He is also an experienced Eastern Shore criminal lawyer who has successfully defended clients in Wicomico, Worchester, Talbot and Dorchester Counties.  Call Benjamin anytime for a free consultation at 410-207-2598.
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weed4-300x194The 2022 Maryland legislative session is still a few weeks away from commencing, but there is already a proposed bill on the books.  House Bill 1 was pre-filed last week by a state delegate from Baltimore City, who is also the chairman of the state’s cannabis workgroup that was formed over the summer.  The text of the bill was made available to the public on December 22 but will not officially be introduced in Annapolis until January 12, 2022.  The bill basically directs the General Assembly to create law governing the legal use of cannabis for all adults over age over 21 as long as it passes in the next general election.  This means voters will ultimately decide whether marijuana becomes legal in November of 2022.  The question on the ballot will be short and sweet, and read “Do you favor the legalization of adult-use cannabis in the State of Maryland”.  As regular readers are aware, cannabis legalization has consistently been supported by the majority of Maryland residents according to scientific polling.  The most recent polling conducted by Goucher College in Towson has support for legalization over 60 percent, which is well beyond the possible margin of error.  If the voters act as Goucher predicts it looks like we’ll have recreational marijuana for sale in Maryland as early as July of 2023.

In order for this pre-filed bill to make it to become law and end up on the ballot in November it would have to be approved by at least three fifths of the total members of the House and Senate.  In reality there will likely be at least four fifths or 80 plus percent of lawmakers supporting the proposed referendum when it’s all said and done.  The legislature will then get busy creating rules for use, distribution, possession, regulation and taxation of cannabis within the state.  Two of the main issues regarding cannabis legalization (at least in the eyes of lawmakers) are determining where the tax revenue will go and addressing the impacts to law enforcement and the rest of the criminal justice system.  Some lawmakers have expressed concerns over the possibility of increased cases of impaired driving, and the inability of police to determine impairment, though law enforcement officers are already trained to recognize impairment from other substances besides alcohol.  Additionally, the standardized roadside exercises created by the NHTSA are not only designed for alcohol use.

The real drastic change for law enforcement after marijuana is legalized will be with probable cause determination to search upon stopping a vehicle.  Police will no longer be able to search a vehicle based on the smell of cannabis once it’s legalized for recreational use.  While possession of small amounts of pot are no longer criminal, it is still considered contraband for those of us without medical marijuana cards.  Contraband means  illegal regardless of whether there are criminal or civil punishments.  There will be exceptions to his rule of course, as drivers (and potentially passengers) under the age of 21 would likely still be subject to automobile searches by police.  Possession of marijuana by an individual under 21 will probably a similar civil infraction to possession of alcohol by a minor, but both are still illegal and require a court appearance.

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hammer-802296__480-300x225A 28-year-old man from Baltimore recently pleaded guilty in federal court to possession with intent to distribute controlled substances, possession of a firearm in furtherance of drug trafficking and possession of a firearm by a convicted felon.  Taken by itself, those facts are hardly an anomaly these days, as the feds have shown a proclivity to prosecute street level drug dealers (especially when heroin and fentanyl are involved).  However, the facts surrounding the investigation and eventual arrest are noteworthy.  Law enforcement first were alerted to the defendant’s criminal involvement as a result of a fatal heroin overdose that occurred in Harford County in 2017.  As is the case with many fatal drug overdoses, law enforcement’s first lead came from the cell phone of the deceased.  Police were able to see that the deceased had arranged to meet a person with an alias linked to the defendant in order to effectuate a drug transaction.  The deal in question took place in a grocery store bathroom in Baltimore City, which is a common practice to assure there is no video surveillance.

Law enforcement then began tracking the defendant’s movements, and observed him making an alleged drug transaction in a gas station bathroom.  The surveillance led to a search warrant, which was ultimately conducted on the defendant’s home and vehicle about one month after the fatal overdose.  Police were also able to obtain permission from a judge to install a GPS tracking device on the defendant’s vehicle, another common law enforcement tactic.  During execution of the warrant law enforcement recovered a firearm, $12k in cash, 82 grams of cocaine, 55 grams of heroin and 7 grams of fentanyl.  Officers also seized a cell phone with the same number that the deceased was texting prior to the overdose.  It wasn’t until two years later that a federal grand jury actually indicted the defendant, and now two years after that the case is finally on its way to a resolution.  The defendant and the government have agreed to a sentence between 8 and 12 years, and the defendant will learn his fate in March of 2022.  Multiple law enforcement agencies were involved in this investigation, including the DEA, Harford County Sheriff’s Office, Anne Arundel County Police, Baltimore County Police and the Carroll County Sheriff’s Office.  The defendant has a host of prior offenses and is on probation in Baltimore City for a gun charge.  The Blog will follow this case and potentially post again after the defendant is sentenced.

The defendant will receive a stiff federal sentence that is not parole eligible, and could possibly face additional state time for his violation of probation, but he avoided potential prosecution for involuntary manslaughter under Maryland criminal law §2.207.  Prosecutors in jurisdictions throughout the state have been filing manslaughter charges against defendants alleged to have sold CDS (typically heroin fentanyl mix) to the victim of a fatal overdose.  While the manslaughter charge carries a lower maximum penalty than the actual distribution (20 vs. 10 years), it can increase the overall sentencing guidelines, and drastically influence the State’s offer and the judge’s sentence.  If you or a loved one has been charged with any type of drug offense including possession with intent to distribute, firearm possession in a drug trafficking crime or manslaughter, call Maryland criminal defense lawyer Benjamin Herbst anytime for a free consultation.  Benjamin specializes in drug offenses and gun crimes, and is available 7 days a week at 410-207-2598.  He has extensive experience in all Maryland jurisdictions, and is a skilled federal drug offense lawyer for cases being prosecuted in the Baltimore or Greenbelt federal courts.

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firearm-409000__480-200x300A 27-year-old man from Baltimore was recently sentenced to 14 years in federal prison for committing at least 35 commercial robberies throughout Maryland.  According to the plea agreement, between December 2018 and November 2019 the defendant robbed pharmacies, fast-food restaurants, cell phone stores and even a gym during a crime spree that eventually ended with him behind bars.  The defendant originally pled guilty on October 1 to affecting commerce by robbery, which carries a maximum sentence of 20 years in prison, and brandishing a firearm in furtherance of a violent crime, which has a 7-year maximum penalty.  The robberies took place in Baltimore County and Baltimore City, and were investigated by local police departments as well as the FBI.  The case was likely picked up by the feds due to the extent of the crime spree as well as the presence of a firearm.

Many of the offenses were committed in the same fashion, with the defendant approaching a cash register with a note demanding money and stating that the defendant had a gun.  Fortunately, there were never any shots fired in the robberies, and nobody was injured.  The defendant apparently only brandished his firearm once, though he partially revealed the firearm as many as five times.  In at least one instance the defendant ordered employees to open the business safe, but in many other instances the defendant only made out with a couple hundred dollars.  He stole as much as $1,900 in one robbery, but that appears to be his most lucrative (temporarily) criminal act.

The defendant will likely serve at least 10-12 years behind bars before being considered for release to a halfway house or other type of early release.  There is no parole in the federal criminal justice system, which means this sentence is roughly equivalent to a 20-year state prison sentence.  Anyone sentence to a crime of violence such as robbery must serve at least half of their total active incarceration before being considered for parole, and even then, parole is never a foregone conclusion.  Obviously, the defendant could have faced exponentially more time if had been charged for each of the robberies in the Circuit Court for Baltimore City and Baltimore County.  Combining all the cases in one federal indictment was clearly a more logical option for the government and for the defendant.  The defendant will likely be finished with his sentence before he reaches age 40, and the dozens of victims can have some sort of closure now that the case against the defendant is resolved.  It appears the defendant had a minor history of theft related charges in state court already, so having 35 robberies combined into one global sentence may have been a break for him.

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technology-2500010__480-300x200A juvenile burglary suspect was recently arrested after allegedly attempting to jump off of a bridge in an attempt to flee from police.  According to reports, law enforcement officers in Virginia located a stolen vehicle that was linked to multiple Maryland burglaries in Prince George’s County.  Police pursued the vehicle and attempted to conduct a traffic stop, but were unsuccessful.  Officers even deployed a tire deflation device that resulted in vehicle losing a tire, but it kept driving, albeit at a much slower speed.  Additional officers responded and attempted to box the vehicle in the Woodrow Wilson Bridge on Interstate 495, which connects Alexandria, Virginia to the Oxon Hill area of Prince George’s County.  The driver of the suspect vehicle then jumped out as it was still moving, and then bolted for the railing of the bridge.  A Virginia State Trooper apparently grabbed the 17-year-old defendant just as he was about to plunge into the 50-degree water.  Reports do not indicate exactly where the juvenile attempted to jump, but the drop could have been as much as 70 feet into the cold and fast-moving water.  Had the suspect jumped, his chances of survival would definitely have been in doubt, so it’s safe to say the Trooper saved a life.

The suspect was a juvenile, and therefore we are not able to uncover additional information about his place of residence or criminal history.  What we do know is he is now facing felony charges of eluding police in Virginia juvenile court, as well as possible burglary and robbery charges in Maryland.  There may also be charges for motor vehicle theft at some point down the road.  The 16-year-old defendant was detained but does not appear to have been charged with any offense related to the fleeing and eluding.  All juvenile cases are sealed from public view, so it will be difficult to track the progress of this particular case, but the Blog will post a follow up article if anything comes out of the Maryland courts.

Virginia has especially tough traffic laws, so it’s no surprise that the teen suspect was charged with a felony.  In Maryland, fleeing or eluding police is part of the traffic code and not classified as a felony.  There is no such crime as aggravated fleeing or felony fleeing in Maryland, but the punishment upon conviction can still be harsh.  Anyone convicted of fleeing or eluding under §21-904 of the transportation article faces up to 1 year in jail and a $5,000 fine.  A second offense raises the maximum penalty to 2 years, and if the act causes bodily injury the maximum is 3 years.  If fleeing from law enforcement causes a death the penalty jumps to 10 years in prison.  In addition, anyone convicted of this offense will receive 12 points and face revocation of their Maryland driver’s license.  Fleeing and eluding is a drastically overcharged offense, and we have seen dozens of cases where defendants simply did not pull over quickly enough for an officer’s liking.  Law enforcement officers have a tendency to take it personally when a driver does not pull over immediately, but sometimes it just takes time to process the fact that you’re being pulled over.
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courtroom-898931_1280-300x226A former high ranking official for the Maryland Governor has pleaded not-guilty to four federal charges of wire fraud and two charges of misappropriation.  The 52-year-old former chief of staff to the Governor is accused of various missteps including using funds belonging to the State of Maryland to make a charitable contribution to a museum where he was a member of the board of directors.  The funds came from the Maryland Environmental Service corporation, where the defendant served as executive director prior to taking a position with the governor’s office in Annapolis.  Perhaps the most egregious allegation was that the defendant caused the board at his former employer to approve paying him a full year’s salary, over $200k, upon leaving to take the job with the governor.  The defendant apparently told the board that the governor himself approved to so called severance package, though the governor has vigorously denied any such approval.  In total, the former chief of staff is facing up to 100 years in prison and tens of thousands of dollars in fines.  He will obviously not serve anywhere close to the maximum amount of jail if convicted, but the charges are certainly severe.  The government informed the Federal Judge in the Baltimore courthouse that trial would take two weeks to complete, though there is no indication on whether advanced plea negotiations are taking place.  Discovery is apparently voluminous, and the defense needs time to assess the case before advising the client.

The same defendant is also facing a 27-count criminal information in the Circuit Court for Anne Arundel County for various other state offense including misconduct in office and violations of Maryland’s wiretapping laws.  There are allegations that the defendant secretly recorded conversations with the Governor and other high ranking state officials.  The state case has not been set for trial yet, and has a status conference scheduled in the middle of December.  There will likely be a ton of evidence for the defense to sift through in order to properly evaluate the case, so we do not expect a swift resolution.  Both cases may end up in trial or the defense may be able to work out some sort of global plea agreement.  Right now it is simply too early to tell which direction these cases are headed, but the Blog will post a follow-up article as news becomes available.

Maryland has strict laws regarding the recording or intercepting of private conversations and telephone calls, and each violation is a felony punishable by up to 5 years in prison and a $10,000 fine.  Even if another person uses or publishes a recording that has been intercepted unlawfully it could be a crime as long the publisher should have known a the recording was illegal.  Maryland is considered a two-party state when it comes to recording or intercepting conversations, which means both parties must be aware of the recording.  There are exceptions including when the police are conducting active investigations for a host of different crimes including murder, kidnapping, sex offenses, robbery, bribery, fraud, felony theft, firearms crimes and drug distribution.  In these cases the police may intercept wire, oral or electronic evidence in order to provide evidence of the crime.  The Maryland wiretapping law is codified under Title 10 of the Courts and Judicial Proceedings section of the state laws, and not the criminal law section.  Subtitle 4 of the evidence part of this section covers wiretapping and electronic surveillance, and section 10-402 is the actual wiretapping law.

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handcuffs-2102488__480-300x169Earlier this week the mayor of Cambridge was arrested and charged with 50 misdemeanor counts for violating a Maryland statute commonly known as the revenge porn law.  The 32-year-old defendant is a graduate of Penn State University and a lifelong resident of Dorchester County.  When elected in January he became the youngest mayor in the history of Cambridge, and now it appears his time in office will end just shy of one year.  The charges were filed in the Circuit Court for Dorchester County via criminal information on November 15, which is the same day the arrest warrant was served.  This means the mayor likely knew about the pending charges in advance, and had time to hire counsel and plan a date to surrender to law enforcement.  The mayor was released on his own recognizance the same day he surrendered, likely as a result of his lack of prior record, strong ties to the community and voluntary surrender with counsel.  A scheduling conference is set for the first week in December, and from there status, motions and trial dates will be set.  Trial will likely be set sometime around April or May, but there is a good chance the case may be resolved before then.

According to the 27-page charging document the mayor’s ex-girlfriend contacted law enforcement back in May when she discovered nude photographs of herself on a social media platform.  The victim apparently told law enforcement she only sent the pictures to one person, the mayor, and never gave him permission to distribute or post them.   Law enforcement then traced the origin of the posts back to an IP address tied to the mayor’s home in Cambridge.  In total the defendant was charged with 50 counts in violation of Maryland law section 3-809, which is part of the stalking and harassment section of the criminal code.  This offense was created back in 2014, and is a misdemeanor punishable by up to 2 years in prison and a $5,000 fine for each count.  In order to establish a violation of this offense the state must prove the defendant knowingly and without consent distributed a visual representation of another engaged in sexual activity or with intimate parts exposed with the intent to harm, harass or intimidate the person depicted.  It seems clear from the charging document that the images meet the criteria, and the victim did not consent.  Therefore, all that is left to prove is that the defendant himself knowingly posted the pictures.

The case is being prosecuted by the Office of the Maryland State Prosecutor, which is an independent office that was established in 1976 in order to combat public corruption.  The creation of this office may have stemmed directly from the outrage over the Watergate scandal during Nixon’s presidency.  Functions of the office include investigating, and if warranted, prosecuting government officials, employees or institutions that are alleged to have engaged in offenses such as bribery, extortion, perjury, obstruction of justice, voting law violations, misconduct in office and any other criminal offense.  The State Prosecutor’s Office is located in Towson, and is a separate entity from the Attorney General’s Office.  Located in Baltimore City, the AG prosecutes public corruption as well as complex multi-jurisdictional criminal schemes such as gang activity and drug distribution rings.

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DUI4-300x300A former high-ranking officer with the Maryland Natural Resources Police has been found guilty of DUI and negligent driving after a plea agreement was reached in the District Court for Worcester County in Snow Hill.  The officer, who was second in command at the NRP, was granted probation before judgement for the DUI count, and received a conviction for the negligent driving count.  Pursuant to the plea agreement, the charges for leaving the scene of an accident with property damage and improper backing were dismissed by the State.  As part of the sentence the former decorated law enforcement officer will be required to complete 100 hours of community service and was placed on 2 years of unsupervised probation.  It appears as though the defendant already completed an alcohol education program, as that was not ordered during sentencing.

According to the facts presented at the plea agreement the former police officer was stopped at a red light near Ocean City when he proceeded to back into another vehicle.  In a regrettable decision, the defendant left the scene, and was later found parked in a lot near Route 113.  When troopers arrived, they detected an odor of an alcoholic beverage and began to administer standardized roadside sobriety exercises.  They soon after arrested the officer and issued him four citations.  By leaving the scene, the former officer was in violation of the Maryland Transportation Article section 20-103, which requires all persons involved in an accident to remain in the area of the accident until they have rendered reasonable aid and exchanged identifying information.  A violation of 20-103 is a misdemeanor punishable by up to 60 days in jail, but the State felt it was appropriate to dismiss this citation as part of the plea.  Instead, it appears they were insistent on prosecuting the negligent driving citation.  Negligent driving carries 1 point or 3 points if the act contributed to an accident, so the former officer will have at least 1 point assessed on his driving record.

Fortunately, the accident appeared to be minor and nobody was injured.  If there had been bodily injury the former officer could have been charged under 20-102, leaving the scene of an accident with bodily injury.  This offense is punishable by up to 1 year in jail unless the accident resulted in serious bodily injury or death.  Leaving the scene of an accident with serious bodily injury is a felony punishable by up to 5 years in prison, and if a death occurred the maximum penalty jumps to 10 years.  Under these enhanced penalties the state is required to prove the defendant knew or should have known the accident caused serious bodily injury or death.  Maryland is one of a few states that also criminalizes negligent driving without any proof of drug or alcohol impairment.  Almost all vehicle accidents that result in the death of an individual will be forwarded to the State’s Attorney’s Office for review.  If it appears that the at fault driver deviated from the normal standard of care that is expected when on the road, he or she could be charged with a misdemeanor offense of criminal negligence that carries up to 3 years in jail.  The penalty jumps to a 10-year felony  if there is evidence of gross negligence, which could mean racing or weaving in and out of traffic at a high rate of speed.  A defendant who is at fault for an accident involving death and leaves the scene could face punishment on both charges, as they are separate criminal acts.

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graphics-882726_640-300x207The notorious Anne Arundel County arson case that has spanned more than 4 years has finally come to a close, as the defendant received his sentence late last week.  On Friday at the Baltimore City federal courthouse the 36-year-old defendant from Pasadena, Maryland was sentenced to 9 years in prison followed by 3 years of supervised release.  He was also ordered to pay more than $500 thousand in restitution for his role in burning down a popular neighborhood bar.  The man was charged under 18 U.S. Code § 844 (i), which makes it a federal offense to maliciously damage or destroy any real property used in interstate or foreign commerce by fire or explosives.  The maximum penalty for this offense is up to 20 years in prison that includes a 5-year mandatory sentence.  If any person is injured, including a public officer such as a firefighter, the maximum penalty becomes 40 years with a 7-year mandatory term.  Unfortunately, a firefighter was actually injured while attempting to extinguish the blaze after he was thrown off a ladder by the force of a backdraft.

The Blog detailed the facts of this case in a previous post back in April when the plea was announced, so we won’t go over the entire case again.  The basic facts were that the defendant was charged with second-degree assault and theft for an incident that occurred at the bar 6 days before the fire.  He apparently returned to the bar in an attempt to destroy the surveillance equipment that he believed would incriminate him in the assault case, but ended up burning the entire bar down except for the cameras he sought to destroy.  So, not only was the assault captured on the surveillance, but he was also on video making Molotov cocktails and throwing them at the bar.  ATF trained K9s also located the presence of gasoline (a common accelerant used in incendiary devices) in the area where the defendant was standing on video.

The defendant ended up being found guilty of the assault in the Circuit Court for Anne Arundel County and was given a three-year suspended sentence.  The theft charge was nolle. prossed by the state as part of the plea agreement, although the defendant was found guilty of another unrelated theft that occurred a few weeks after the fire.  He will now serve upwards of 7.5 years behind bars before being released to state and federal probation.  Although the exact guideline range that the defendant was assigned is not discussed in the U.S. Attorney’s press release, the base offense level for malicious destruction of property by fire appears to be at least 24.  There were aggravating factors that elevated his guidelines including the fact that the fire was started in an attempt to conceal evidence of another offense, which adds two levels.  By our estimation it seems the defendant received a sentence at or near the top of the guidelines.

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weed4-300x194A recent poll conducted by Goucher College over the past several weeks found that 60% of Maryland residents favor the legalization of marijuana for recreational use.  This is the second marijuana legalization poll conducted this year by the private college located just outside of downtown Towson.  Back in March the college’s pollsters revealed that 67% of state residents supported legalization.  While support has seemingly dipped slightly, when factoring in the margins of error the numbers are likely similar enough to tell the same story; in Maryland and in the United States as a whole legalization is preferred 2 to 1 over the continued criminalization of marijuana.

Closer examination of the data from Goucher reveals that like most issues in the county, support for the legalization of marijuana is divided along party lines.  While two thirds of Democrats favor legalization, only 40% of republicans are in favor of it.  Those who identified as conservatives were split down the middle, which is not surprising considering the potential tax revenue that the state would generate. Additionally, many conservatives likely do not believe the government should be wasting money and resources enforcing marijuana laws when there are far more pressing issues in Maryland.  The poll also reported that 85% of self-described progressives support legalization, which is surprising.  It’s hard to imagine that even 15% of progressives believe the police should still be arresting citizens for possession of pot.

Legalizing marijuana for recreational use will generate millions of dollars in tax revenue for the state, while providing a safe environment to purchase regulated cannabis products.  It will not lead to increased criminal activity in the area of the dispensaries, and will not appreciably contribute to an increase in DUI cases or the illegal use of pot among teenagers.  These potential red flags have not shown up in states that already have established recreational cannabis policies.  The fact remains that legalization is a major talking point before it goes into effect, but once it becomes law people for the most part stop talking about it.  For the next year cannabis legalization will continue to show up in the headlines, but now according to multiple Goucher polls it appears an end is in sight.  The referendum that is scheduled for next November will almost certainly pass, and the conversation can then shift to other issues that really are more pressing.  However, within the criminal justice system the conversation will continue for several years.

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