Criminal Defense Lawyer Blog

Published on: August 21, 2020

Former Maryland Lawmaker Sentenced to Prison

Earlier this year a former state lawmaker entered a guilty plea in the Baltimore federal courthouse for accepting bribes and committing wire fraud while in office, and the ex-delegate recently learned that her fate would include a prison sentence. The defendant was a well-known lawmaker who had been in office since January of 2007, and served right up until the charges were unsealed and made available to the public roughly 7 months ago. She had been instrumental in making medical marijuana a reality in Maryland, and actually sponsored the original bill. In fact, the state’s medical marijuana program is named after the defendant’s mother, who never had access to medical marijuana to help ease the effects of her cancer. According to evidence obtained by law enforcement, the former delegate accepted multiple bribes related to awarding lucrative licenses to grow and dispense medical marijuana. In total the government presented evidence that the former lawmaker accepted 5 bribes in 2018 and 2019, which totaled approximately $34,000. The first bribe was for $3,000 in exchange for a vote to increase the number of grower licenses from 15 to 22. This bribe was reportedly paid by an agent of an out-of-state company that was seeking to angle its way into the Maryland medical marijuana market. She also took money to help a Maryland company secure its growing license and another company to secure a license to dispense medical marijuana. A Baltimore based business man has also pled guilty for offering a bribe to the former lawmaker, and he is awaiting sentencing in federal court.

The defendant’s lawyer argued that the 69-year old Democrat from Baltimore did not deserve a prison sentence, and that a felony conviction combined with home detention and probation would be a sufficient sentence. The defense argued that the defendant had otherwise lived a crime free and exemplary life, and fell on hard times after the death of her husband. The government countered by urging the judge to impose a 3-year prison sentence, and cited similar cases of public corruption where 3 or more years was imposed. After taking both sides into account the Baltimore federal judge ultimately settled on a two-year prison sentence followed by 3 years of supervised release. The judge explained the sentence by citing the multiple separate criminal acts, and reiterated that this was not a one-time lapse in judgement but a well-though out course of criminal conduct. In addition to the medical marijuana bribes, the former delegate also accepted $20,000 in exchange for drafting a bill to establish additional liquor licenses, and another $5,000 to file a bill that lowered the age required for a person to become medical director of a state opioid addiction clinic. The judge is allowing the defendant to turn herself in at a later date in September, and may consider pushing the report date further out based on the current COVID-19 situation.

It is no surprise that the medical marijuana program produced this level of corruption from a veteran lawmaker, and there are almost certainly more instances of foul play going on throughout the state related to the lucrative medical marijuana business. The setup of the program was a breeding ground for public corruption and payoffs due to the limited number of licenses being issued and the amount of money at stake for those who received them. Anytime government officials have control over the ability for private citizens and business to make millions of dollars there is going to be corruption, and the state would have been much better served to allow all qualified applicants to obtain licenses. There is no logical reason in preventing qualified applicants from engaging in the medical marijuana business, and it’s a real shame that arbitrary limits were created. The Blog will continue to follow all future instances of public corruption, and we will pay special attention to any cases related to medical and recreational marijuana. Benjamin Herbst is a Florida and Maryland criminal defense lawyer who handles cases in state and federal court. Benjamin specializes in defending white collar crimes such as bribery, fraud, and misconduct in office, and is available anytime for a free consultation at 410-207-2598. He handles cases in all Maryland jurisdictions including Montgomery County, Baltimore City and County, Prince George’s County, the Eastern Shore, Western Maryland and Anne Arundel County. Benjamin is also license in Florida and accepts cases in Miami-Dade, Broward and Palm Beach County.

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Published on: August 11, 2020

State Trooper Guilty of Perjury

By Benjamin Herbst

In a rather bizarre case, a Maryland State Trooper recently pled guilty to perjury and misconduct in office for falsifying DUI arrests. The guilty plea was heard in the Baltimore County Circuit Court just a couple of weeks after the trooper was formally charged by the Attorney General’s Office. It does not appear that the 36-year old trooper was ever arrested, as his case did not originate in the district court as a typical statement of charges. According to facts presented in the guilty plea the trooper made 6 fake DUI arrests over the course of the last two years. He authored completely falsified citations and police reports and submitted the same to the District Court Clerk and the State’s Attorney’s Office. The fake citations and reports turned into actual court cases, and fictitious defendants were summoned to appear for court. When these ghost defendants did not show up for court the judges ordered bench warrants to issue, and in some cases, officers actually responded to fake addresses to arrest fake people for failing to appear in court. The trooper, who has been with the MSP for about 10 years, was a corporal in the specialized DUI enforcement unit, which has been lauded for its effectiveness. The whole situation is even stranger considering the fact that the State Police denies the existence of numerical requirements for DUI arrests. The trooper, who is currently suspended with pay, may have felt pressure to up his numbers, but there may have been more to this story.

The trooper was charged at the end of July and elected to immediately have his lawyer begin plea negotiations. The AG’s office did not agree to dismiss either of the two counts pursuant to a guilty plea, but likely did not push too hard for an active jail sentence. After accepting his guilty plea, the judge sentenced the soon to be former trooper to a suspended jail sentence and supervised probation. As a condition of his probation the trooper will have to perform 300 hours of community service and pay a $6,000 fine, which is no slap on the wrist. On the other hand, avoiding jail time and a felony conviction under these circumstances is certainly a victory for the defense. Had the trooper received some sort of financial gain for his misconduct the result may have been different, but his intentions were not so devious as they were just strange. The trooper tried to cover his tracks to some extent; all of his fake drunk driving suspects refused their breathalyzer tests, which meant he did not have to include fake breath alcohol test results in the reports. On the other hand, breathalyzer tests are conducted by a certified breath tech so fabricating these reports would have required an accomplice. A breath tech being in on this crime would have been one of the few things to make this story more bizarre.

Perjury, which is a misdemeanor with a 10-year maximum penalty, is not a particularly common criminal charge in Maryland because it is difficult to prove a person was lying under oath. This officer was in a different position due to his sworn police reports and citations being easily proven as fictitious. We have posted numerous stories about charges involving misconduct in office, and unfortunately there is no shortage of government authority figures breaking the law these days. It seems like state lawmakers, mayors, city administrators and police officers are routinely appearing as defendants in criminal court, and the media is always there to report on their cases. The Blog will continue to follow public corruption cases so stay tuned. Benjamin Herbst is a Maryland criminal defense lawyer who is also licensed to practice in all state and federal courts including Baltimore County, Montgomery County and Anne Arundel County. Benjamin is also an experienced Florida criminal defense lawyer who specializes in perjury, misconduct in office, drug offenses, gun crimes, theft and fraud. Call Benjamin anytime for a free consultation at 410-207-2598.

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Published on: August 5, 2020

Anne Arundel County Police Officer Arrested

By Benjamin Herbst

A veteran Anne Arundel County police officer has been arrested and charged with numerous felony offenses for allegedly stealing from the home of a deceased man in Pasadena. Back in April multiple officers responded to the residence after a report of an unattended death. The officer in question then returned to the house the next day in full uniform, and according to reports took cash and firearms with him. A witness observed the officer removing the firearms from the house, but thought it was routine police activity. The witness never mentioned what he saw until months later when a family member of the deceased homeowner called the department in search of the missing firearms for estate purposes. The department started asking questions and ultimately came across the witness.

Detectives were probably surprised to learn their prime suspect was one of their own, but nonetheless proceeded to hone in on making an arrest. Police executed a search warrant on the officer’s home in Linthicum and he was arrested soon thereafter. The 5-year veteran officer was released on his own recognizance by a district court commissioner after being booked and charged with 6 different offenses including first-degree burglary, felony theft and misconduct in office. He was also charged with third-degree burglary, fourth-degree burglary and felony theft scheme, and has been placed on leave without pay by the Anne Arundel County Police Department. There is currently no preliminary hearing date set for the officer’s case, but regardless it will ultimately be forwarded to the Circuit Court for a resolution.

It is too early to tell whether this case will end up going to trial, but if detectives found the firearms during the execution of the search warrant then a guilty plea is almost a foregone conclusion. While the officer is facing 6 total charges, his attorney will likely argue for the four felonies to be dismissed. The State will probably push for a plea involving the misconduct in office charge, and one additional theft or burglary charge. Misconduct in office is a common law offense in Maryland that does not have a set maximum penalty, but it is considered a misdemeanor. Whether the defense can convince the State to go on misdemeanor fourth-degree burglary remains to be seen, as this would ensure the officer does not end up with a felony conviction.

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Published on: July 28, 2020

Ocean City Marijuana and Weapons Violations Increase

By Benjamin Herbst

Ocean City Police have issued more than 7 times the number of marijuana citations in May and June as they did those same months in 2019, and some local officials are getting concerned. Last May police officers in Maryland’s only beachfront town wrote a measly 8 civil citations for marijuana possession less than 10 grams, and the number jumped slightly to 41 last June. This May, Ocean City Police officers wrote 108 pot citations in May and 241 in June. Marijuana has only been decriminalized for a couple years in Maryland and officers may not have thought it was worth their while to write the citations initially, but still the jump is far too significant to blame it on officers looking the other way.

City officials may attribute the jump to more and more citizens receiving their medical cannabis cards, but this likely is not the full story. While we will never quite know the percentages of people who only started using marijuana when it became legal in Maryland, we suspect that most medical cannabis card holders used marijuana long before they were able to legally purchase it. The drastic increase in marijuana citations is likely a result of beachgoers becoming more cavalier about public marijuana use. OCMD tourists have traditionally been careless/ignorant when it comes to the town’s open container laws (open container of alcohol is punishable by jailtime in Ocean City), and now the word is out that you cannot be arrested for smoking pot in public. Many tourists are in vacation mode and just not genuinely concerned about receiving a civil citation. Also, based on last year’s statistics the word may be out that the police have looked the other way when it comes to lighting up around the boardwalk. The high citation numbers this year may go a long way to changing that narrative, and we could less public consumption and fewer citations being issued to finish off the summer. Town officials certainly hope this is the case, as they are always trying to preserve the family fun atmosphere around the boardwalk.

In addition to marijuana citations, OCPD has also been busier charging offenders with drug and weapons crimes. Ocean City officers arrested 40 people each on drug and weapons charges in June of 2019, but this June those numbers jumped to 62 for drug crimes and 73 for weapons crimes. Overall arrests also increased from 552 to 600 this June compared to last. It is interesting to note that Ocean City police officers only issued 25 criminal citations. Maryland allows its sworn law enforcement officers to issue criminal citations in leu of making an arrest, which is beneficial to both the suspect and the criminal justice system. An arrest triggers a host of events including the time-consuming booking process. Defendants must then see a District Court Commissioner, who determines the conditions of their bail or release on recognizance. In addition to being held for a minimum of several hours, suspects who are arrested and booked will have a permanent arrest record that will become part of the FBI database. These records are not eligible for expungement even if the case is dismissed, which is a huge and avoidable injustice. The only legitimate reasons to arrest a suspect in leu of issuing a criminal citation would be serious concerns about public safety and the suspect’s ability to return to court. Many Ocean City Police officers justify an arrest over a criminal citation based on the fact that the defendant does not live locally, and is thus less likely to return to court. Realistically almost everyone who is charged with a crime in Ocean City during the summer is not an Ocean City resident, so this should not on its own support a decision to arrest. We can only hope that police begin to think twice about arresting a suspect when they could just write a criminal citation.

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Published on: July 14, 2020

Baltimore County Drug Offender Sentenced in Federal Court

By Benjamin Herbst

Federal law enforcement has made fentanyl a major priority, and last week a 26-year old Baltimore County man was sentenced to a decade in prison for possession with intent to distribute the deadly narcotic. According to the statement of facts in the guilty plea, a Woodlawn man fled from Baltimore County Police after they tried to initiate a traffic stop. During the pursuit officers allegedly observed the suspect throwing objects out of his car window as he fled. Eventually police caught up with the suspect and search incident to arrest produced a digital scale and a baggie with 40 grams of fentanyl. Had law enforcement stopped there the man would likely have been prosecuted in state court, but a search of his home pursuant to a warrant produced far more incriminating evidence. Police ultimately discovered 3 kilograms of fentanyl and a loaded .380 caliber handgun. The U.S. Attorney’s Office stated in its press release that this amount of fentanyl would be enough to kill 1.5 million people. The suspect was also prohibited from possessing firearms based on a previous drug conviction in the Circuit Court for Baltimore County. He also had an earlier drug possession conviction in Baltimore City and a probation before judgement for driving on a suspended license.

The facts of the case were not especially unique and from what we can see the defendant was not alleged to have been an interstate drug trafficker, but the federal government still elected to prosecute this case. For the last several years the feds have picked up gun and drug cases arising from Baltimore City, but with the sheer amount of fentanyl plus a gun being involved it is no surprise this Baltimore County case went federal. Most of the time a defendant would much rather be prosecuted in Maryland state court, as the sentencing guidelines are typically lower and there is parole. However, under these circumstances the defendant likely would have received a similar sentence in state court, as he would have been subject to three Maryland mandatory sentence provisions. Anyone who is found to be in possession of more than five grams of fentanyl faces a mandatory 5 years in prison. Additionally, the possession of a firearm in a drug trafficking crime carries a 5-year minimum prison sentence under state law. The Woodlawn man may have also been subject to charges for possession of a firearm by a convicted felon/ person with a drug conviction under 5-601. This offense also carries a 5-year mandatory sentence that cannot be suspended unless the prior offense had been closed for more than 5 years. Closed means probation and parole must have been completed.

The Blog will continue to follow cases traditionally prosecuted in state court that are picked up by federal law enforcement. A general rule is that any convicted felon who is arrested with a gun in Baltimore City could face federal prosecution, but now it is clear the feds are branching out to the County and other Maryland jurisdictions. Based on this press release it is also clear that federal law enforcement agencies are actively pursuing anyone involved in fentanyl distribution. If you have been charged with a gun or drug crime anywhere in Maryland or Florida call criminal defense lawyer Benjamin Herbst anytime at 410-207-2598. Benjamin specializes in charges for drug possession, drug distribution, possession with intent to distribute and possession of a firearm by a convicted felon or disqualified person. He offers free consultations and is available to defend clients from the Eastern Shore to Western Maryland.

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Published on: July 7, 2020

Salmon Thieves Still at Large

By Benjamin Herbst

A popular downtown Annapolis restaurant was burglarized last month, and the two suspects have yet to be identified or apprehended. Unfortunately, dozens of businesses and homes are burglarized each day in Maryland, but this incident was particularly bizarre. For starters, surveillance video showed the suspects entering the restaurant’s kitchen through an unlocked door while many members of the staff were still busing closing down after a night of business. Rather than proceed to look for cash, liquor or other common valuable items, the burglars went straight to the walk-in refrigerator an emerged with approximately 40 salmon fillets. At a cost of $10 per fillet, the total loss for the restaurant was around $400. While not the heist of the year, this likely ranks as one of the largest fish thefts in Anne Arundel County in a while.

Annapolis Police first responded to the call after midnight following a busy post-quarantine Sunday night. According to police, the manager was getting ready to head home when he noticed several salmon fillets sitting in the kitchen instead of their normal storage spot in the fridge. He questioned his fellow employees, but none were able to provide an explanation about the mislaid fillets. A trip to the office for a review of the security cameras quickly explained the situation, though it was likely not what the employees expected to see. It is unclear whether the thieves performed a quick in and out job, or took their time to maximize their haul. In the movies, a bank heist usually goes south when the robbers spend too much time in the vault. These salmon thieves may have taken notice and limited their time in the walk-in refrigerator.

Had the pair have been caught in the act, or identified and arrested down the road they would have faced multiple criminal charges including second-degree burglary. Second-degree burglary is defined as breaking and entering a storehouse (business) with the intent to commit a theft, arson or a crime of violence. Contrary to common belief, breaking and entering does not mean the suspect actually has to break something to gain access to the interior of the building. Opening an unlocked door and crossing through the doorway is enough of an intentional act to qualify as breaking and entering under Maryland law. Second-degree burglary is a felony with a maximum penalty of 15 years in prison, though if a firearm was stolen it becomes a 20-year maximum. Other states such as Florida have similar enhanced penalties when a burglary suspect steals a firearm during the course of the crime. In Florida this becomes armed burglary, which is actually punishable by life in prison. The suspects would also have been charged with theft less than $1,500, which is punishable by up to 6 months in jail. If the suspects did not have lengthy criminal records the state would likely have offered a plea to theft, and kept the offense a misdemeanor. The case is likely to remain as cold as the salmon left in the fridge, but if anything changes the Blog will be sure to post a follow up article.

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Published on: July 1, 2020

State Police Announces Multiple Arrests

By Benjamin Herbst

Tens of thousands of people travel along Route 50 from Annapolis to Ocean City each summer, and few complete their journey without seeing a Maryland State Trooper parked in the median, or actively writing a traffic citation on the shoulder. The state police have a highly visible presence on all major highways and interstates in Maryland, but it is a common misconception that troopers operate exclusively in a highway patrol capacity. Highway patrol is a major function of the Maryland State Police; nearly 75 percent of all troopers are assigned to the Field Operations Bureau that patrols the state’s highways, but that still leaves a few hundred troopers who are assigned to other divisions of the agency. The Criminal Investigative Bureau or CIB is another major branch of the MSP, and is responsible for investigating violent crimes and large-scale drug violations that occur across the state. The CIB works in cooperation with county and local law enforcement from all corners of the state, and in this past week assisted in arresting suspects from Ocean City to Allegany County.

State police troopers from the CIB began last week by arresting a 36-year old mand from Frostburg on charges of second-degree assault and animal cruelty. The Western Maryland man was released by a district court commissioner on a $2,500 unsecured personal bond, which he will only have to pay if he fails to appear in court. The next day the Firearms Enforcement Unit of the CIB arrested a 27-year old Baltimore man on gun charges that included possession of a firearm by a convicted felon. Another day passed and troopers from the CIB arrested a in Baltimore County man for possession of a firearm by a disqualified individual. The state police used information from the Ocean City Police Department to make this arrest. Troopers went on the arrest two more individuals on various charges this same day. The first was arrested on an open arrest warrant in Baltimore City for making a false statement to an officer, and the second suspect was arrested in Cumberland on an arrest warrant for electronic harassment.

While none of these arrests will generate major news headlines on the traditional media outlets, they do serve as a reminder that state police troopers are actively investigating and pursuing suspects across Maryland. Regular readers of the Blog are already aware that the governor has made state police resources available to fight violent crime and gun crime in Baltimore City, but gun crimes are a major priority for the MSP no matter where they occur. Maryland has some of the toughest gun laws in the region, and law enforcement officers are not sympathetic to those who are unaware of just how strict the laws are. State troopers, like all county and local police officers, will arrest any person who is illegally carrying or transporting a firearm without a concealed carry permit. These permits are extremely difficult to obtain, and out-of-state permits are not valid in Maryland. Anyone who owns a firearm should be extremely careful about taking their firearm outside of their home, and should regularly keep updated on all the applicable state gun laws.

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Published on: June 23, 2020

Violent Crime Spikes in Ocean City

By Benjamin Herbst

Ocean City has seen a dramatic increase in violent crime since welcoming tourists over the past few weeks, and government officials are extremely concerned. The most serious incidents seem to be clustered around the Boardwalk in the southern part of the 8-mile stretch of beach, but arrests are up throughout the city. Two weekends ago, the Ocean City Police Department reported 129 arrests compared to 95 during the same time last year. This increase is even more alarming considering there are fewer visitors this summer due to the Covid-19 pandemic. In response to the rise in violence, the police department has committed to increasing law enforcement presence by as much as 25 percent around town and on the Boardwalk. The department will have to hire new officers to keep up with the demand, which will come at a considerable expense to Maryland’s only beachfront town. The process of hiring new officers will also have to be accelerated due to the immediate demand, but the mayor’s office is confident the city council will be supportive.

Crime spikes hardly come as a surprise in Ocean City during the summer months, as upwards of a quarter million tourists flock from D.C., Maryland, and neighboring states such as Pennsylvania and West Virginia to vacation. But the crime spikes are typically related to traffic and non-violent offenses. Underage drinking and open container citations are especially common in Ocean City, and those who receive these citations are often surprised to learn they can have criminal consequences. Carrying an open container is a crime under the Ocean City municipal code, which makes it punishable by up to 90 days in jail. DUI is also common, as well as other alcohol induced offenses such as disorderly conduct and trespassing. Alcohol and peer pressure also motivates the younger crown to indulge in shoplifting and other theft crimes, and arrests for possession with intent to distribute marijuana and narcotics majorly spike to meet the demand of those heading to OCMD to party. These offenses come with the territory of a popular summer vacation spot with a booming nightlife, and they are crimes the police and Worcester County judicial system can easily keep under control. The problem lately is that a large number of recent arrests have been for extremely violent offenses such as first-degree assault involving knives and firearms, and the last thing city and county officials want is for their cash cow tourist industry to suffer as a result of the town being labeled as unsafe.

Five suspects were recently arrested for a felony assault and weapons charges stemming from a fight that broke out on the Boardwalk, and all are being held without bail at the Worcester County Detention Center. They are all scheduled for preliminary hearings at the district courthouse in Ocean City, but their cases will eventually be forwarded to the circuit court in Snow Hill. Portions of the brawl were caught on video, and the incident received media attention around the state. Apparently, late night crime has become so common on the Boardwalk that some business owners have become increasingly concerned about staying open late. Fed up bar and restaurant owners have already started closing earlier than in years past in response to the violence.

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Published on: June 17, 2020

Annapolis Woman Allegedly Steals Ambulance, Causes Accident

By Benjamin Herbst

A 23-year old woman was arrested last week after she allegedly stole an ambulance from the West Annapolis Fire Station and then crashed it into a van. The sole occupant of the van was flown to shock trauma with serious injuries, while the ambulance thief fled the scene of the accident on foot. As a result of her fleeing the scene the young woman was not arrested until the next day, and is now out of custody after being released on her own recognizance. She is facing charges for theft over $100,000, rogue and vagabond and motor vehicle theft. Unlawful taking of a motor vehicle and theft over $100,000 are both district court felonies, and trial has been scheduled in October. The woman has also been charged with reckless driving, negligent driving and driving without a license. She may face additional charges for leaving the scene of an accident involving injury. Reports did not offer an explanation of what prompted the woman to steal the ambulance as fire fighters were training when the vehicle was initially taken. There is also no indication of what exactly caused the accident, though the woman did receive a citation for running a red light. All told, this is a pretty bizarre scenario and whichever Anne Arundel County judge hears the case will likely not be too pleased with the defendant.

While the defendant does not appear to have a prior criminal record other than a drug possession case on STET, she may face an uphill battle in the fight to stay out of jail and keep her record free of a criminal conviction. This is especially true if she ends up being charged with leaving the scene of an injury accident. Despite being classified as a traffic offense and only carrying a 1-year maximum jail sentence, leaving the scene of an accident with bodily injury is an offense that prosecutors and judges take extremely seriously. The defendant’s record of committing traffic offenses is lengthy, and she does not appear to have had a valid license recently. There are numerous prior traffic cases in multiple different jurisdictions including Baltimore City, Prince George’s County and Anne Arundel County. Ultimately her prior record of traffic convictions may come back to hurt her when her trial date comes around in the Fall.

The Blog will continue to follow this strange case, and may post a follow up article in the near future. It is hard to think of a reasonable explanation why a person would steal an ambulance. There may be valuable equipment in emergency vehicles, but we’re not talking about items you can simply sell at a pawn shop or trade at a local flea market. Also, it is nearly impossible to elude law enforcement in a stolen ambulance, as they are easily recognizable and always GPS equipped. There may in fact be more to this story but a logical explanation is unlikely. As regular readers of our Blog are well aware, there are not always logical explanations to the behaviors of those leading up to an arrest.

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Published on: June 11, 2020

Two Suspects Arrested in Beltway Copper Wire Theft

By Benjamin Herbst

Two suspects have been charged after months of investigation into a series of copper wire thefts from light poles along the Baltimore Beltway. Since April law enforcement has been investigating as many as four separate incidents where copper wire was forcibly removed from the state-owned poles lining the travel lanes of 695. On the night the defendants were arrested, troopers responded to the Falls Road exit in the Lutherville-Timonium area of Baltimore County at around 4 in the morning. It appears that the pair were caught in the act and eventually taken into custody without incident. Following their arrest, the criminal investigations division of MSP along with help from the State Highway Administration connected the defendants to the three other thefts of similar nature. According to state officials, the four thefts caused approximately $66k in damage to the existing poles. As a result of the value of the damage and the cost of replacement, both defendants are facing multiple felony theft charges, as well as malicious destruction of property over $1,000. The defendants are set to appear in the Essex District Court on September 3 for their trials, but there is a good chance this date could be pushed back, or that the cases will be moved to the Circuit Court for Baltimore County.

This recent arrest was hardly the first run in with the law for either defendant. In fact, the pair are co-defendants in a pending theft with similar facts in Howard County. One of the defendants actually has 4 open cases in multiple jurisdictions including Anne Arundel County, Harford County, Howard County and this Baltimore County case. It also looks like the 45-year old Baltimore City man is facing a violation of probation for a Glen Burnie drug possession case. The defendants look to have avoided the most serious theft charge of theft over $100k in this particular case, but still face up to 10 years in prison for each count of theft more than $25k. They also could be looking at additional time for malicious destruction of property related to the damage caused to the light posts. Both also face theft scheme charges for participating in multiple criminal acts, and will likely have thousands of dollars in restitution payments should they be found guilty. One of the defendants is out of custody, while the other remains in the Baltimore County Detention Center in Towson on a no bail hold. The judge likely considered this defendant was both a flight risk and a danger to the community based on his prior record and multiple pending charges.

The Blog will continue to follow this case and may post a follow up article in the future if anything newsworthy occurs in the case. Both defendants face an uphill battle in this case based on their prior criminal record, and if convicted, the judge could be especially harsh considering the crimes were committed during the COVID-19 pandemic. Benjamin Herbst is a Maryland criminal defense lawyer who specializes in theft charges in state and federal court. He also handles in malicious destruction of property cases, and has successfully defended numerous clients in Baltimore County, Howard County, Harford County, Anne Arundel County and all other Maryland jurisdictions. If you have a question about a criminal case feel free to call Benjamin anytime at 410-207-2598 for a no obligation consultation. It is too much of a gamble to walk into criminal court without an experienced lawyer by your side, and there is no risk in speaking with Benjamin to see what defenses may be available in your case.

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