Criminal Defense Lawyer Blog

Conducting prostitution stings was once a practice limited to a few select police departments, but in the last few years numerous Maryland law enforcement agencies have joined the fray after the internet has made prostitution more accessible to the average person.  Traditional prostitution stings consist of an undercover female police officer hanging around in areas known to be hotbeds for this illegal activity.  Undercover officers are always flanked by a team of officers in unmarked cars close by, who arrive in seconds once a “take down” signal is relayed.  These operations were once common in urban areas such as Baltimore City but they are tedious and possibly dangerous endeavors for police.  Assigning undercover officers to walk the streets of high-crime areas creates an environment that is far from controlled.  On top of that vice teams could spend hours searching for Johns without any takers, as high prostitution areas are virtually nonexistent after being replaced by online the marketplace.  Rather than spend an entire day in the street searching for solicitors police departments developed plans to have the Johns come to them, and in turn arrest numbers have increased.

Anne Arundel County was one of the first departments to aggressively combat online prostitution after fielding numerous complaints from hotels in the BWI region.  These hotels began to notice activity that was consistent with sex commerce, and in response police began to set up fake online profiles for escorts in online classified websites such Backpages.  The fake profiles aimed to mimic real profiles with seductive pictures and slang phrases.  Like real profiles the fake ones never actually said specifically what was for sale or how much it would cost, as the vague language was used to dispel any fears that cops were on the prowl.  After posting the fake ads police set up shop in the same hotels where the complaints originated, and waited by the phone for calls or texts.  Police didn’t end up waiting long as Johns showed up at pre-determined rooms where an undercover female officer was waiting to negotiate a deal if one had not already been reached via text.  In some cases the female officer would wait until money was produced before giving the take down signal to a group of officers stationed in an adjacent room, but other times the undercover would send the cavalry in earlier. Either way, the result was the same, as the support team basically arrested anyone who showed up at the room regardless of whether a deal was verbalized.

Anne Arundel County Police made hundreds of arrests at area hotels using fake Backpages profiles, and they continue to conduct these stings.  In the last few years other Maryland police agencies such as Prince George’s County police and Howard County police have started to conduct the same stings and these departments have showed no sign of discontinuing this effort.    A person that shows up in response to a fake Backpages at can expect charges for solicitation and assignation, and often police include multiple counts of each. The multiple counts represent each time police perceive that an offer and acceptance for sex takes place, but the state will typically only prosecute one of these counts.  Howard County police have been known to charge Johns with disorderly conduct as well, though this charge is definitely a long shot in the courtroom.  There are also instances where Johns have touched the undercover and been charged with 4^thdegree sexual offense.  Fourth degree sexual offense is a misdemeanor with the same maximum penalty as solicitation, but it is a far more serious offense with potential consequences including registering as a sex offender.  While it would be difficult to prove this charge in a solicitation case it nonetheless raises the stakes, and makes it all the more important to hire an experienced and skilled lawyer.

In 2010 Maryland’s first casino opened in Cecil County, a location picked due to its proximity to gambling establishments in nearby Delaware and New Jersey. Lawmakers and citizens were growing tired of losing out on millions of dollars in tax revenue and thousands of jobs to neighboring states, and the response was legalizing casino gambling. Since the Hollywood Casino of Perryville opened roughly 8 years ago five more casinos have opened their doors, with the newest being the billion-dollar MGM National Harbor Casino in Prince George’s County that opened at the end of 2016. The casinos are spread pretty evenly across the state from the Rocky Gap Casino in Allegany County to Ocean Downs on the Eastern Shore. The Horseshoe in Baltimore and Maryland Live in Anne Arundel County are the closest together distance wise, but draw from a large customer base and have no trouble keeping the profits flowing. Average monthly revenue from the casinos is approaching $150 million. The six casinos draw hundreds of thousands of visitors each year, and the positive economic impacts have been undeniable. While the tax revenue and job creation have been a huge positive for the state there is also a dark side to the all the bright lights and jackpot payouts. Six new casinos opening in a little over five years brings an increased risk for gambling addiction. Marylanders once had to board a plane to Vegas or drive 3 hours in traffic to play table games, but now it’s hard to find a place in the state that is more than an hour drive away from a casino.

Upon legalizing casinos lawmakers also created provisions to combat gambling addiction including educational resources and 24 hour hotlines, which are both helpful tools for those who desire help. On the other hand these resources lack teeth for players and their families that are trying to stop. For those that require additional help lawmakers and the gaming commission created the voluntary exclusion program or VEP, which allows a person to voluntarily agree to refrain from entering and playing at any Maryland casino. Anyone can enter the program with the caveat that the application has to be accompanied by an in person interview. Spouses, friends and family members may try to convince a person to enter the program but they cannot enter it on their behalf. The reason the commission requires a thorough application process and an in person interview is because the consequences for violating the pact to refrain from entering a casino are criminal. A person enrolled in the voluntary exclusion program may be charged with criminal trespass upon entering a Maryland casino, and odds are that this will happen regardless of whether a chip is played. Casinos take the exclusion program very seriously, and they have to in order to remain in the good graces of lawmakers. Issuing a large number of criminal trespass citations ensures the image of compliance, so a person who is caught will almost certainly not be able to talk their way out charges. While a person may take themselves out of the voluntary exclusion program after two years this does not happen automatically. You have to apply to take yourself off, and the commission must approve this request before you can reenter or play again. It is not a defense that 2 or more years have passed since acceptance to the program.

The casinos can easily locate an excluded person through face recognition technology, credit card alerts and players club card alerts so do not be surprised to see security walk up on you within minutes of entering the facility. Generally casino security will escort a potential offender off the gaming floor to a back room, where a local police officer will show up toting a citation booklet. Offenders are then issued a citation and escorted off the property. Criminal trespass carries a maximum sentence of 90 days in jail, though most people that receive these citations are first time offenders and realistically do not face a lengthy jail sentence upon conviction. On the other hand, the potential to receive a permanent criminal conviction looms large for anyone who receives a trespass citation, and this result could have devastating effects on the ability to maintain employment, professional licenses and security clearances. If handled properly casino trespass citations could be nothing more than an inconvenience so it is important to contact an attorney who has experience handling these cases. An attorney can attempt to work out a favorable resolution in advance of the court date, which will not only limit exposure to criminal sanctions but also eliminate the stressful uncertainty of a court appearance.

Maryland sports one of the most convenient systems to access criminal case information via the casesearch website. The website allows the user to search a database of thousands of cases by first or last name of the defendant, and displays the charges, court location and hearing times. If the case is closed it provides a brief summary of the outcome or disposition including the length of suspended and unsuspended jail time, the terms and conditions of probation and whether a probation before judgment (PBJ) was granted. The site lists any attorneys involved including the prosecutor and defense lawyer, and in some cases includes the victim or complaining witness. The site also lists the names of any police officers involved, but for a few days last week and without warning or explanation these names suddenly disappeared.

The details behind the information blackout are still somewhat murky, but we do know that at some point in the last few months a government committee that oversees the website voted to replace the officer’s first names with their initials in the interest of protecting police from potential retaliation. This change had been on the agenda of the Anne Arundel County Police for years though AA County PD never advocated for the complete deletion of officer information. After the names disappeared we learned that no law enforcement agency in the state actually advocated for the complete deletion of officer information. Quite to the contrary most publicly denounced it, which made the move even stranger and only increased the amount of backlash by civil rights advocates, police watchdog organizations and criminal defense attorneys around the state. Accessing the names of arresting officers is essential to filing expungement applications, which are processed at a rate of close to 6,000 per month. In order to apply for an expungement within the first three years of a case being dismissed all defendants must fill out a waiver and release form that basically states you will not sue the police. Without the arresting officer’s name you cant properly fill out the form.

There was certainly a shortage of justification for deleting the information from public view, and the move could not have come at a worse time. In light of Baltimore City police corruption gaining widespread national media attention over the past few months you would think the response by state agencies would be for more transparency and not less. The rocky relationship between police and the general public is not going to smooth out by adding another layer of secrecy. Luckily before the backlash grew the Maryland Court of Appeals stepped in and reversed the decision and ordered the judiciary to undo the deletions. It wasn’t quite no harm no foul as the government wasted over ten thousand dollars deleting and restoring the data. As of now the site is back up and running like normal, but there are still unanswered questions about what actually happened.  The judiciary called the move an honest mistake, though the Blog will continue to track this bizarre story and if any new information comes to light we may post a follow up article. For any questions on criminal defense issues such as expunging a case or seeking representation for a current charge feel free to contact Benjamin Herbst at 410-207-2598. Benjamin defends clients charged with any offense in all Maryland jurisdictions including federal court.

Finding out that a friend or loved one has been arrested is frightening and stressful, but having the feeling that you can’t do anything about it is worse. The laws applying to bail have changed drastically in Maryland over the last couple of years and understanding how to navigate around these laws could mean the difference between release and an extended stay at Baltimore City central booking or one of the state’s county jails. In most cases when a person is first arrested he or she will be taken before a district court commissioner who will check to see if there was probable cause for the arrest and who will then make a determination of release conditions.  This usually happens within a few hours of the arrest, but some in some of the larger jurisdictions it could take longer.

Court commissioners are not judges, lawyers or even law school graduates, and they are not required to have any extensive legal training. A bachelor’s degree and county/ city residency are all that are required for the appointment to serve as a commissioner. The prerequisites to become a court commissioner are light and severely contrast with the power to put someone in jail by signing off on an arrest warrant or to keep someone in jail by denying bail. Thankfully around half of defendants are released on their own recognizance, and will regain their freedom within an hour or so of speaking with the commissioner. But the other half face the possibility of remaining in jail until their case is closed if the case is not handled properly.

As a friend or family member there is not much you can do to influence the court commissioner’s decision at the initial appearance because they are not public hearings. Defendants are afforded the right to have an attorney present when they go before the commissioner, so the best approach is to try to hire a lawyer immediately. Realistically though this is not always possible, and the first time you may hear about the arrest could be after the defendant sees the commissioner. Those that are denied release will be scheduled for a bail review in front of a district or circuit court judge the following business day. Most of these hearings take place by video, but the defendant has an absolute right to have a lawyer present. The first bail review is the best shot and in some cases the only chance before trial to secure release, so it’s incredibly important to be prepare beforehand and ready to argue at the hearing.