Criminal Defense Lawyer Blog

Published on: November 13, 2023

Juvenile Justice Reform Again on Forefront

The 2024 Maryland legislative session is roughly two months away, but there are already signs that juvenile justice will be a hot topic when lawmakers report to Annapolis in January. The Maryland House Judiciary Committee has already held multiple juvenile justice fact-finding meetings in advance of the legislative session and may hold others before the end of this year. The meetings come in response to increasing outcry by the public, law enforcement and State’s Attorney’s Offices. Many have been critical of recent changes to juvenile justice policies that limit who the police can arrest, detain and interrogate. While there is no proven correlation between juvenile justice reforms and a rise in crime, many believe reform has directly contributed to skyrocketing carjackings, shootings and violent assaults committed by those under the age of 18.

One of the most impactful juvenile justice reforms has virtually eliminated juvenile interrogations in Maryland. Anytime a juvenile suspect is arrested the police are required to allow the suspect to speak to an attorney before answering questions. Many people are under the impression that police must seek permission from parents or guardians before speaking to a juvenile suspect in custody, but this was never the law in Maryland. Police were simply required to read Miranda warnings to the suspect before engaging in an interrogation like they would with an adult suspect. This presents numerous issues regarding a free, knowing and voluntary waiver of Fifth Amendment rights that is required for statements to be admissible. It is argued that juveniles rarely understand the rights they are waiving, and thus cannot make a legally sufficient waiver. This is especially true when the juveniles are under duress and face intimidation by law enforcement. The legislature agreed, and now juveniles are rarely if ever advised to make statements. Criminal interrogations were once the strongest law enforcement tool to locate co-defendants in juvenile cases and to solve past and even future crimes. A large percentage of juvenile crimes involve multiple co-defendants, as teenagers spend most of their time out of the home with friends or classmates. Since the summer, police officers investigating juvenile crimes have been forced to rely solely on evidence gathered at the crime scene, and through talking to witnesses that agree to cooperate. As such, it’s no surprise the reforms have been blamed for the increased amount of felony juvenile criminal activity in Maryland.

Another recent reform that could face further scrutiny is the law prohibiting police from arresting a juvenile under the age of 13 for a non-violent crime. We previously posted on an 11-year-old that was suspected of stealing multiple cars in Baltimore City and Baltimore County. Critics of this provision believe any type of criminal activity can ultimately lead to violence, and not prosecuting young juvenile defendants for serious crimes establishes a harmful precedent. The Blog will continue to follow juvenile justice policy as we head toward the next legislative session. Rising juvenile crime rates will be a top priority for lawmakers as soon as they report to Annapolis, but it is unclear whether any of the reforms will be walked backed after just one year in effect.

Continue reading →

Published on: November 1, 2023

New Maryland Expungement Law Now Effective

By Benjamin Herbst

On October 1 the Maryland Redeem Act became state law, and now thousands of individuals can file to expunge prior criminal convictions that were once considered permanent. The Redeem Act is a major breakthrough for those who have struggled to advance in the workplace, obtain professional licenses and secure loans or apartment leases. It provides an avenue for prior defendants to apply for expungement in numerous types of charges, including felony drug cases. In addition to adding more charges to the list of qualifying offenses, the law also shortens the wait time necessary to apply for expungement. The relevant portion of the Redeem Act is codified in the Criminal Procedure section 10-110 of the Maryland statutes, though the section lists the crimes by statute number and not name. It is advisable to have your charging document handy when checking to see if your prior offense qualifies, or you can consult with a Maryland criminal defense lawyer.

In this post we’ll go through some of the major changes to the expungement laws, but for a more detailed analysis about your particular situation, feel free to call Maryland expungement lawyer Benjamin Herbst anytime at 410-207-2598. The Herbst Firm handles expungements and petitions for early expungement based on good cause. It’s safe to say that the drug laws have been impacted the most by the Redeem Act, as convictions for possession with intent to distribute are handed out like candy in the courthouses across the state. Many a defendant has accepted a guilty plea to this crime to get out of jail or simply to close the case and move on with life, only to have it severely hinder personal growth in the future. If the criminal defense attorney on the case did not successfully argue for probation before judgment or if a timely motion to modify was not filed within 90 days, the conviction used to last a lifetime. Though as of October 1, there is hope for anyone with an old PWID or distribution charge, as an application to expunge may be filed 7 years after a time served disposition or 7 years after probation or parole has ended. Anyone with a marijuana distribution or PWID conviction can file for expungement 3 years after the disposition or the end of probation or parole if applicable.

Felony theft and burglary may be expunged after 10 years, but other felony charges have yet to be added to the list of crimes that are eligible. This includes motor vehicle theft, which is not one of the offenses that is currently expungable under Maryland law. Gun crimes have also not been added to the list of expungable offense. On the positive side, misdemeanor offenses such as CDS possession not marijuana, burglary in the 4^th degree, malicious destruction of property, disorderly conduct, prostitution, obstructing and hindering and various others are expungable after 5 years of the conclusion of the case or the end of probation/parole. Prior convictions for domestically related crimes such as second degree assault and violation of a protective order are not eligible for 15 years. If assault in the second degree or protective order violation convictions were not marked as domestically related, they would be eligible after 7 years for assault and 5 years for violation of a protective order.

Continue reading →

Published on: October 26, 2023

Minor Charged with Handgun Possession at School

By Benjamin Herbst

Montgomery County Police recently arrested a 17-year-old high school student for various firearm offenses after he was found in possession of a loaded 9mm handgun on the public school’s campus. The student, who lives in Bethesda, was charged with possession of a firearm by a minor, possession of a loaded handgun and possession of a dangerous weapon on school property. School security was tipped off by a fellow student, who apparently observed an object that looked like a gun in the defendant’s backpack while in the restroom. Montgomery County police officers confronted the suspect and ultimately performed a search that yielded the handgun. This all occurred around the same time that police were responding to two false bomb threats that locked other county schools down. Upon being arrested, the student was taken to the Montgomery County Detention Center and was held without bail. As a detained juvenile, his bail will likely be reviewed in two weeks if he is still in custody. In the meantime, he will be held in a secure juvenile facility. We are unable to track the progress of this case because the judiciary seals all juvenile cases from public view, but depending on his record and his representation, he may have a good chance at eventually facing trial in the juvenile court and avoiding an adult criminal record.

The student was charged as an adult because Maryland juvenile courts do not have original jurisdiction over gun crimes committed by defendants 16 or older. This includes all firearm offenses from misdemeanor possession of a firearm by a minor to felonies such as armed robbery and possession of a firearm in a drug trafficking crime. Other crimes that start in adult court include first degree assault, vehicle and boat offenses, robbery with a dangerous weapon and felony sex offenses. These cases may be transferred to juvenile court upon a motion that must be filed within 30 days. While a transfer motion is pending a detained juvenile defendant shall be held in a juvenile facility unless there is no space, and the Court finds the juvenile to be a danger. If the reverse waiver transfer motion is granted, the juvenile will immediately be scheduled for a detention hearing and may be released to his or her parents at that point.

Minors who are charged with gun offenses including misdemeanor unlawful firearm possession can, and often are, held in jail without bail in Maryland, which makes it extremely important to retain an experienced juvenile criminal defense lawyer. Judges from certain jurisdictions such as Baltimore City and Prince George’s County are less inclined to release juveniles with firearm charges due to the ongoing gun violence in the Baltimore and Washington D.C. metro areas. If your son or daughter has been arrested for a gun offense anywhere in the state, contact Maryland juvenile lawyer Benjamin Herbst 7 days a week for a free consultation. Benjamin specializes in juvenile gun crimes and represents clients in all jurisdictions from the Eastern Shore to Western Maryland. He has extensive experience representing juveniles charged with minor in possession of a firearm, robbery and first-degree assault. Benjamin has obtained the release of clients at numerous juvenile bail reviews and has prevailed in reverse waiver hearings for serious felony offenses such as carjacking and armed robbery. He fights tooth and nail to protect his client’s futures from intake hearing to trial and to make sure they are home with their families and not placed in a state program. Contact Benjamin anytime for a free consultation at 410-207-2598 to discuss the defenses that may be available in your child’s case.

Continue reading →

Published on: October 19, 2023

Three PG County Men Arrested in Organized Theft Ring

By Benjamin Herbst

Three young men were recently arrested by Prince George’s County police officers following a traffic stop of an SUV that had been flagged by law enforcement for criminal involvement. The driver of the SUV was arrested on the scene, while the two others were arrested shortly thereafter. After arresting the driver, police sought and received a warrant to search his District Heights apartment. During the search police of the apartment and an additional home, police found a trove of stolen merchandise totaling over $10,000. The merchandise linked the defendant and his co-defendants to as many as 10 different thefts that occurred from September 13 to October 1. Police apparently discovered that the group was offering the merchandise for sale online and through personal referrals. This theft bust puts just a tiny dent in what has become a shoplifting epidemic over the last couple of years. The situation in the Washington D.C. metro area has become so dire that some stores are declining to stock frequently stolen items such as detergent and cosmetics. The issue is not limited to Washington and Baltimore however, as retailers have suffered billions of dollars of losses in recent years, as the so called “shrink” numbers continue to rise.

Police will apparently continue to investigate the trio of defendants, and additional charges may be forthcoming. For now, the driver, a 19-year-old from Suitland, is facing the brunt of the charges that include 14 counts of theft related offenses from the aforementioned ten different incidents. Many of the incidents are alleged to have occurred in succession, with charges being filed on eight consecutive days from September 13 to September 20. Eight of the 14 charges are felonies, including a catch-all theft scheme charge of $1,500 to $25,000. The driver was released on a $5,000 bond and is due back in court in the middle of November. It does not appear that he has any adult prior convictions in Maryland, and his juvenile record is not accessible by the public. The oldest co-defendant is a 26-year-old also from Suitland, who has additional pending theft charges out of Queen Anne’s County, while the youngest defendant, an 18-year-old, is facing two theft charges from an alleged incident on September 13. The Blog will continue to follow these cases and other similar theft schemes and may post a follow up article in the future as the cases progress.

If you or a loved one is facing theft charges or any other criminal charges in Maryland contact Prince George’s County criminal defense lawyer Benjamin Herbst anytime for a free consultation. Benjamin has successfully defended hundreds of clients in theft charges ranging from shoplifting to felony theft over $100,000. He is also an experienced juvenile theft lawyer who fights to protect the futures of all his clients. Benjamin routinely takes on complicated fraud and employee theft cases, as well as embezzlement and misconduct in office. He is licensed to practice in the federal courts of Greenbelt and Baltimore City, where he specializes in theft of government property and other federal charges. Maryland theft lawyer Benjamin has defended clients in every jurisdiction from Worcester County to Allegany County and is available 7 days a week for his clients. He has locations in Anne Arundel County and Baltimore City and can meet at a convenient location in the Eastern Shore for clients facing charges in Salisbury, Ocean City, and Queen Anne’s, Dorchester and Talbot Counties. All clients are provided with cell phone access to Benjamin for off hours access, as we firmly believe constant communication is essential to providing excellent Maryland criminal defense representation. Contact Benjamin at 410-207-2598 to learn what defenses may be available in your case and to start preparing to take on the state or federal government.

Continue reading →

Published on: October 11, 2023

Boating Under the Influence Laws Enhanced

By Benjamin Herbst

Most of the criminal justice bills that are either signed into law by the Governor or otherwise pass the General Assembly become law on October 1 each year. The exceptions are major policy changes such as the legalization of marijuana, which typically are planned farther in advance. Marijuana legalization stole all the headlines on July 1, but there were still a fair number of laws that went into effect last week. One such law was a provision of the Natural Resources article, which adds enhanced punishments for boating under the influence (BUI) and in some cases for driving under the influence or driving while impaired. The new law focuses on repeat offenders, but not in the traditional sense, as it aims to enhance the punishment for boating offenders with a record of drunk driving and driving offenders with a history of boating under the influence.

The State Boat Act already has provisions that punish repeat offenders; a first offense for boating under the influence carries up to 1 year in jail, while a second offense carries up to 2 years. A third or subsequent conviction for BUI carries up 3 years in prison. Boating while impaired, which is a lesser offense than boating under the influence carries a 60-day maximum sentence for a first conviction, and a 1-year maximum for a second or subsequent. These penalties are similar to the drunk driving laws in transportation article 21-902. The new Natural Resources Law will now count a defendant’s DUI or DWI convictions as prior offenses in impaired boating cases. This means that a person with a prior drunk driving conviction could face up to 2 years in prison for a first boating under the influence charge. The new law also allows the State to consider prior boating convictions under the State Boat Law when recommending a sentence for a DUI or DWI case. Subsequent offender enhanced penalties for boating under the influence only apply if a defendant was convicted of the prior offense within the last 5 years, and probation before judgment (PBJ) does not count as a conviction. Also, in order for the enhanced penalties to apply the State must provide notice to the defendant at least 30 days prior to trial of its intent to seek subsequent offender enhancements.

Natural resources offenses such as boating under the influence can lead to serious consequences including a permanent criminal conviction, jail time and the loss of one’s privilege to operate a vessel in Maryland. Many boating offenses have extremely harsh consequences compared to similar traffic violations. For example, a second offense for speeding on a state waterway can carry up to 30 days in jail. Boating offenses involving alcohol or drugs are taken extremely seriously by the State and by judges, which makes it all the more important to retain an experienced lawyer before you go to court. If you have been charged with BUI or any violation of the State Boat Act contact Maryland criminal defense lawyer Benjamin Herbst anytime at 410-207-2598. Benjamin has successfully defended over 500 DUI, BUI and DWI charges and has the experience and dedication to fight for the best outcome in your case. Benjamin has locations in Anne Arundel County and Baltimore City, and accepts cases in all jurisdictions in Maryland. He has won DUI trials in Worcester County, which has the highest conviction rate in the state, as well as numerous other counties and is standing by to fight for you. Benjamin is also an experienced federal DUI lawyer for those who have received citations on 295, Fort Meade and the various other parkways and military/federal installations in Maryland. He represents adults and juveniles in all drug and alcohol violations including open container and public consumption citations, and also specializes in representing out of state defendants who are traveling through Maryland when stopped.

Continue reading →

Published on: October 6, 2023

Glen Burnie Man Flees Traffic Stop, Crashes into Trooper

By Benjamin Herbst

Anne Arundel County Police have charged two men with multiple criminal and traffic offenses in connection with a hit and run that left a state trooper seriously injured. According to reports, police attempted to conduct a traffic stop of a Ford F-150 in Pasadena at around 12:30 in the afternoon for driving without a front license plate. The driver of the pickup failed to stop, and instead allegedly attempted to flee the scene. During the act of fleeing from police, the driver crashed into an unmarked State Police Vehicle and injured the trooper inside. The injuries were serious enough to require the trooper to be transported to the hospital via ambulance. Police eventually located the driver and a man alleged to be the passenger at the driver’s home in Glen Burnie. The passenger was arrested for drug possession and making a false statement to a law enforcement officer, and the driver was issued more than a dozen traffic citations including fleeing or eluding police, driving without a license, driving on a revoked license and reckless driving. Both men have yet to receive their trial dates for their charges, and both may have more serious issues on the horizon than traffic citations and misdemeanor drug and false statement charges.

At the time of the hit and run, the driver of the truck already had a court case scheduled at the Glen Burnie courthouse for driving on a suspended license, which probably explains why he was attempting to avoid being pulled over int first place. The prior case is scheduled in early November, and you can bet the State will bring up the recent charges if the case is not postponed again. In addition, the driver may also face additional, more serious charges for leaving the scene of an accident resulting in serious bodily injury. Leaving the scene of an accident or hit and run is already a serious traffic offense that carries up to 60 days in jail if there was property damage and up to 1 year in jail if someone was injured. The severity of this offense increases dramatically if the victim suffered serious bodily injury and the driver knew or reasonably should have known the accident might result in serious bodily injury. Leaving the scene of an accident with serious bodily injury is a felony with a five-year maximum penalty. Despite the fact that the driver was already issued multiple citations related to the accident and the fleeing, the State could always add additional charges by filing a criminal information or the police may choose to file a statement of charges. Since this offense requires the State to prove the victim actually suffered serious bodily injury, this type of charge would not typically be initiated until later when medical records can be obtained. In situations where there is a fatality a driver could be charged with a 10-year felony for failing to remain at the scene.

The passenger was actually arrested at the driver’s house and is being held without bond at the Anne Arundel County Detention Center on three separate cases. He is a Tier 3 sex offender with a lifetime registry requirement, and was charged with failing to register. The failure to register allegation likely triggered a violation of his Anne Arundel County Circuit Court probation for two counts of second degree assault. He then failed to appear at the district court for the failure to register case and had two bench warrants, one a violation of probation bench warrant and the other a failure to appear bench warrant. What likely happened is that police attempted to identify the passenger upon locating the two suspects in the hit and run, and the passenger gave a fake name to avoid being arrested. When police eventually found out his identity, they arrested him and found CDS on his person. Thus, the two new charges to go along with the two outstanding bench warrants. The passenger was ultimately held without bail on the new charge due to his prior FTA and his outstanding VOP.

Continue reading →

Published on: September 27, 2023

Juvenile Justice Reform Blamed for Rise in Auto Thefts

By Benjamin Herbst

The Juvenile Interrogation Act, which prevents police from questioning juveniles without first providing an attorney has its critics, but it is not the only element of juvenile justice reform to come under fire recently. Other provisions of the recent reforms include the abolishment of criminal charges for children under the age of 13 in non-violent offenses. This seems like a policy everyone could get behind, and in reality, juveniles under the age of 13 who are charged will almost always have their cases resolved at the intake phase. State’s Attorney’s Offices do not make a habit of filing juvenile petitions against 11 and 12-year-olds unless the allegations are particularly shocking and/or violent. So, if the State will rarely, if ever, prosecute a child under 13 in a non-violent offense, then why would there be any critics of a law that bars arresting and charging them in the first place? The answer appears to be the skyrocketing number of motor vehicle thefts.

Motor vehicle thefts have been on the rise in most Maryland jurisdictions, though in Baltimore County the numbers have truly taken off. The county police reported a 175% increase in motor vehicle thefts over the past year, which means the number of victims has almost tripled. In Baltimore City there were almost 1,000 motor vehicle thefts in the month of May alone. This number is about triple the number of thefts in May of 2022, which is in line with the county numbers. Many of these offenses are committed by juveniles, but now the police are starting to see children as young as 11 being the culprits. Not only do the young children know there will be no consequences if they are caught, older juveniles are taking notice as well. Police have described incidents where older juveniles entice the younger ones to commit the thefts and drive the stolen vehicles so that neither will face retribution. County police allegedly linked the same 11-year-old to as many as 17 different auto thefts in the area around Dundalk and Essex, but have been unable to do anything about it due to the new laws protecting minors.

The argument against the juvenile reform is that there will be no intervention with teeth for these young children, and that they will learn at a young age that there are no consequences for committing crime. On the other hand, the department of juvenile services and the court system will still be able to intervene starting at age 13 in non-violent offenses such as theft. It is debatable whether the law barring children under 13 from being charged has done more harm than good. In reality there are logical arguments to be made on both sides and the right answer is somewhere in the middle. Still, it would not surprise us if both sides of the spectrum continue to cry foul to the legislature, and some sort of modification to juvenile justice reform passes next spring.

Continue reading →

Published on: September 18, 2023

Juvenile Interrogation Law Under Fire

By Benjamin Herbst

Last year Maryland lawmakers passed the Child Interrogation Protection Act, which requires law enforcement to provide detained juveniles access to a lawyer before being questioned. All detained suspects are afforded the right to remain silent and the right to an attorney under the United States Constitution, but juvenile defendants are especially vulnerable to being pressured into the waiving their right to remain silent and their right to counsel. Prior to the law passing, juvenile defendants were still required to be read their Miranda rights before any custodial interrogation could begin, though it became increasingly clear that many did not understand their rights and were convinced there was no other option than to speak to police. In response to an overwhelming number of false confessions in juvenile cases, lawmakers voted in 2022 to require police to put detained juveniles into contact with a lawyer before commencing questioning. Per the new law, which went into effect almost one year ago, it is a lawyer, either in person or over the phone, who must advise a juvenile of his or her Miranda rights and not a police officer. Violations of this law would lead to any statements being suppressed, but it appears some law enforcement agencies are undeterred, and continue to press juveniles for information before a lawyer can be reached.

According to reports, there were at least ten incidents where detained juveniles did not speak to lawyers prior to questioning during the month of July in Baltimore City. There is logical suspicion that dozens more juveniles were questioned without speaking to an attorney over the summer in Baltimore City. Violations are also suspected to have occurred in Anne Arundel County, Montgomery County, Allegany County and Garrett County. Law enforcement may feel empowered to ignore the Child Interrogation Protection Act because a number of elected State’s Attorneys have publicly bashed the law for hindering their officer’s ability to solve crimes. The Baltimore City SAO called the new law a barrier to solving crime and the Prince George’s County State’s Attorney described the law as a problem due to juveniles being less inclined to offer essential information to solve crimes. The Wicomico County State’s Attorney has also been highly critical of the law, which specifically limits police to solve crimes that involve gangs and multiple co-defendants.

Juvenile crimes are unique in that they often occur with multiple witnesses and are routinely committed by numerous individuals. Young people rarely do things alone, and therefore when a crime is committed there is usually a trail of evidence. While police can ultimately subpoena cell phones and social media accounts for this evidence, when time is of the essence there is nothing quicker (or easier) than a scared young detained suspect spilling his or her guts to the police. The problem is that juveniles are roughly three times more likely to give false confessions to adults, and we simply cannot stand by and watch as police shove a piece of paper in front of a 15-year-old for a signature or give a 20 second speech and assume there is a free and knowing waiver of the right to remain silent and the right to counsel.

Continue reading →

Published on: September 8, 2023

MDTA Police Chief Resigns over Misconduct Allegations

By Benjamin Herbst

The chief of the Maryland Transportation Authority Police has resigned after serving as the agency’s top cop for more than three years. A department press release gave little details as to why the 29-year police veteran stepped down, but various media outlets are reporting that allegations of misconduct related to time stealing led to the resignation. In addition to the chief calling it quits, his wife, a MDTA lieutenant assigned to BWI airport, has reportedly been suspended pending an investigation into similar allegations of time stealing. With more than 500 sworn officers, the MDTA police is the eight largest law enforcement agency in Maryland. It is primarily tasked with policing the state’s major bridges and tunnels, including the Baltimore Harbor tunnels along interstates 95 and 895, as well as the Chesapeake Bay Bridge. The MDTA police is also the primary law enforcement agency operating at BWI airport and the Port of Baltimore. Most of the MDTA Police’s work involves traffic violations such as speeding, DUI, driving an uninsured vehicle and driving on a suspended license, but its officers also investigate criminal acts that occur within its jurisdiction. Officers are always looking for illegally possessed firearms at the Port of Baltimore and BWI, as well as on the highways they patrol.

There has been no official word whether the former chief and his wife will be charged with any criminal offenses, but a full investigation is almost certainly taking place. The pair could end up being charged with theft and misconduct in office if investigators find evidence that they inflated time sheets in order to increase their paychecks from the state. Misconduct in office is a serious criminal offense under Maryland law, as judges and prosecutors treat any breach of public trust with a great deal of scrutiny. In addition, Judges and prosecutors know that cases involving higher profile public employees often bring media attention, which could lead to defendants being treated more harshly than anonymous public employees. The chief of a large state police agency who was appointed by the governor and makes close to $200 thousand per year is certainly a high-profile defendant, and his case will create major headlines if charges are filed.

The exact charges the pair may be facing depends on their specific acts, and the amount of their alleged scheme. Misconduct in office is the catch all common law offense that most government officials in this situation would face. It is a misdemeanor with no specific maximum penalty, but jail time can be a realistic possibility even for first-time offenders. A sentencing judge would not only consider the breach of trust in this potential case, but also the fact that law enforcement officers are held to a higher standard than civilians. In addition to misconduct in office, the pair could face fraud and felony theft charges. Any theft scheme with a total value of more than $1,500 is considered a felony in Maryland that carries up to five years in jail. If the value of the theft or theft scheme is more than $25,000 the charge becomes more serious and the maximum penalty doubles to ten years. The most serious theft charge in Maryland requires a value of more than $100,000, and upon conviction carries a maximum penalty of up to twenty years in prison.

Continue reading →

Published on: August 23, 2023

How Can You Recall a Maryland Warrant?

By Benjamin Herbst

Each year in Maryland thousands of warrants are issued for defendants in criminal and traffic cases. To say it’s an uneasy feeling to have a warrant is an understatement, as sooner or later most of us will have some sort of interaction with a police officer. The majority of these interactions come during traffic stops, but even those who don’t drive can find themselves in a conversation with law enforcement. A good deal of individuals first discover they have a warrant from a police officer when it’s already too late to do something about it. The exception would be for a person who is out of state and police discovery a non-extraditable misdemeanor warrant. In these cases, the warrant can still be addressed while the defendant is out on the street, as local police will not arrest a person they know will not be picked up by Maryland. Anyone with a Maryland warrant who comes in contact with an officer in the state will be arrested and taken before a judge or a commissioner. At this time the only thing to do would be to hire a criminal defense lawyer to handle the bail review and/or the initial appearance. A defendant is entitled to representation during his or her initial appearance with a commissioner, and it definitely helps to have a lawyer. An experienced lawyer may be the difference between securing release on bond or on recognizance, which will save a person from spending the night in jail.

For those who learn about a warrant before coming in contact with police there are a few steps to take. Unless a defendant is prepared to go to jail right away, it always makes sense to at least try to address the warrant beforehand. Writing a letter to a judge may get the job done, but having a lawyer file a motion to quash or recall the warrant will have a much higher success rate. Lawyers will look into the case to see why exactly the warrant was issued, and then tailor a motion to best address any issues the judge may have. A lawyer first needs to determine what type of warrant was issued.

There are two types of warrants in Maryland, but both instruct a police officer to arrest the defendant and bring him or her before a judge or commissioner. Bench warrants are the most common type of warrants, and typically are issued in traffic and misdemeanor cases. They are called bench warrants because they are issued by a judge (from the bench where they sit in court). The two most common bench warrants are failure to appear bench warrants and violation of probation warrants. Anyone who fails to appear in court for trial, motions or even for their initial appearance could have a bench warrant issued. Bench warrants typically instruct the police to take the defendant before a district court commissioner, who will then determine whether to release the defendant. A warrant like this will say “to be set by commissioner”. In some cases, a judge may issue a no bail bench warrant where the defendant would have to see a judge in order to be released. Defendants may fail to appear for a variety of reasons, so having an attorney explain the situation to the judge is always advantageous. A defendant may have moved and not received the court notice, or in some cases due to health issues may not have been able to attend court or probation, and the judge should understand all of the issues surround the FTA or probation violation.

Continue reading →