Recent Blog Posts
What Not to Do as a Defendant in a Criminal Case
If you have been accused of committing a crime, your first reaction might be to panic. Nobody wants to consider the long-term implications of a conviction, especially if jail time is a possibility. When under pressure, defendants are more likely to make simple mistakes that end up hurting their cases. Fighting a charge of a misdemeanor or felony offense is not easy, but having a skilled Annapolis, MD criminal defense lawyer at your side can serve as invaluable protection.
At the Law Offices of Murphy & Price LLP, we have helped numerous clients out of bad situations. Our legal team includes former prosecutors who are highly familiar with how criminal charges are handled in court. We can advise you of what not to do during your case to safeguard your best interests.
Mistake #1 - Failing to Exercise the Fifth Amendment
Most people tend to see themselves as being in the right. As such, it is only natural to want to explain yourself to the police and clear up any misunderstandings. However, despite your good intentions, this could harm your case more than it helps. Any information you volunteer to the police could be relayed to the prosecutor and used against you in court.
Can I Be Charged With Drunk Driving Below the Legal Limit?
You might already be familiar with the concept of the "legal limit" when it comes to drunk driving offenses. Under Maryland law, you can be charged with driving under the influence (DUI) if you are pulled over and detained with a blood alcohol concentration (BAC) of at least .08 percent. This may lead you to think that as long as your BAC is below the legal limit, you cannot be charged with a drunk driving offense. However, this is far from the truth. If you have been arrested on drunk driving charges, a Maryland DUI/DWI defense attorney can help.
A conviction of DUI or DWI can have major implications for your future, impacting your permanent record as well as your driving privileges. At Law Offices of Murphy & Price LLP, our attorneys can fight for you in court and work toward an optimal outcome on your behalf.
What Is the Difference Between DUI and DWI?
While it is true that a BAC of .08 percent is the threshold for DUI charges, you can still be charged if you are below the legal limit under certain circumstances. In Maryland, the lesser charge of driving while impaired (DWI) exists to prosecute drivers whose BAC is below .08. Oftentimes, drivers are charged with DWI at a BAC of more than .07 percent but less than .08.
Possible Defenses Against a Theft Charge in Maryland
If you have been accused of theft, you could face several penalties, including fines, jail time, and a long-term criminal record. The damaging effects of a conviction should not be brushed off, as it could restrict your future employment opportunities. By working with a Maryland criminal defense lawyer, you can explore your options for contesting the charge in court.
At the Law Offices of Murphy & Price LLP, we have experience representing clients in a variety of criminal cases, including theft charges. Our team of defense attorneys includes former prosecutors who can effectively strategize for your case. We will do everything we can to protect you against allegations of theft, seeking reduced or dismissed charges.
Theft Charges and the Intent to Deprive
In a theft case, the prosecution must prove that you purposely tried to deprive someone else of property. This could mean hiding the property from the owner or using it in such a way that the owner is unlikely to get it back.
The Most Common Reasons Criminal Charges Get Dismissed
Getting arrested is not the same as being convicted of a crime. In fact, there are several reasons why a charge might end up getting dismissed before the judge ever gives a verdict. If you have been arrested for a criminal offense, a Maryland defense attorney can review your case and pursue the best possible outcome on your behalf.
Oftentimes, getting the charges against you dismissed is the most favorable resolution to a case. At the Law Offices of Murphy & Price LLP, our attorneys have served as former state prosecutors, so we know how to effectively navigate a criminal charge in court. When you work with our firm, we will explore all possible strategies to protect your best interests.
Errors in Law Enforcement Procedure
Sometimes, a simple mistake in law enforcement procedure is all it takes to spoil the prosecution’s case. One of the most common errors committed by police officers is a violation of probable cause. If you were searched or arrested without evidence to suggest a crime was committed, you might have an avenue to get the charges against you dismissed.
How Do You Fight Assault and Battery Charges?
A strong defense is essential when facing an assault and battery charge. Depending on the severity of the charge, the stakes in these cases can get high. If you were recently charged with assault and battery in Maryland, consider how the state statutes might impact your case and how a Worcester County, MD defense attorney can help navigate the right defense.
What Is Assault and Battery in Maryland?
In Maryland, the term "assault" covers a broader list of offenses, from the threat of harm against another person to actions resulting in physical harm. While battery used to refer to unlawful contact that results in physical harm, it is now covered under assault. Under Maryland law, there are categories of assault and battery governed by rules that define what each offense is, how to prosecute them, and what penalties you could incur.
Do You Go to Jail for Disorderly Conduct in Maryland?
If you or someone you love was arrested for disorderly conduct in Maryland, you are probably wondering what happens next. Will you go to jail? Will this charge stay on your record? Can you fight it?
Disorderly conduct is one of the most common criminal charges in Ocean City and across Maryland, especially in busy public areas like boardwalks, bars, concerts, and protests. But just because it is common does not mean it is not serious or that you would not benefit from representation from a Maryland criminal defense lawyer. Here is what you need to know.
What Counts as Disorderly Conduct in Maryland?
Maryland law covers a wide range of behaviors that disturb the peace, including:
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Fighting or causing loud disturbances in public (yelling, screaming, or provoking fights)
Court of Appeals Hears White Collar Crime Case Involving Wiretap
In the high-profile case of hedge fund manager Raj Rajaratnam, who was convicted of insider trading following an investigation by the Securities and Exchange Commission (SEC), judges will decide whether omitting key investigative information is grounds for throwing out evidence from a wiretap.
Federal Wiretap Laws
Federal investigators use wiretaps in both criminal and civil investigations, though their use is more common in criminal cases. Investigators must obtain authorization from a federal judge to use a wiretap. This authorization lies at the heart of Rajaratnam’s appeal.
Federal law states that all use of wiretaps in civil and criminal investigations must be authorized by a judge in the jurisdiction where the wiretap is to be used. To be authorized to use a wiretap, law enforcement must present detailed information regarding when, where and how the wiretap will be used.
When seeking a wiretap authorization, a law enforcement officer must explain why he or she believes the wiretap is necessary, the nature of the offense and who law enforcement believes is committing it, where the wiretap will be used, what will be recorded and how long the wiretap will be in place.
Lawmakers Heighten Burden of Proof for Asset Seizure in New Bill
Several U.S. senators have introduced a new bill that aims to heighten the burden of proof for asset forfeiture.
Under federal law, law enforcement officials only need to prove their case by a "preponderance of the evidence" to legally confiscate the assets of an individual connected to a crime. As long as the facts are simply "more likely true than not," then the burden is met. Individuals do not even need to be charged or convicted of the crime in order for authorities to take their property.
Some state lawmakers have passed laws that heighten the burden for confiscating assets as a way to mitigate asset forfeiture abuse. However, many state authorities have skirted this requirement by simply "federalizing" the investigation-a loophole whereby state authorities contact the DEA or other federal agency to get their case under federal jurisdiction.
But some lawmakers believe that the current practice on both the federal and state level infringe on a person’s due process rights. Several U.S. senators have introduced a new federal law that aims to heighten the burden requirements law enforcement officials must meet to seize property or assets.
What Factors Affect How Quickly a Driver’s BAC Level Rises?
How quickly a person’s BAC level rises after drinking alcohol depends on a number of different factors, such as their weight and gender.
When a person in Maryland consumes an alcoholic beverage, the alcohol is absorbed into the wall of the small intestine and then travels throughout the rest of the body by way of the blood. When this occurs, the National Highway Traffic Safety Administration states that the person’s blood alcohol content level is the weight of the alcohol in comparison to a certain volume of blood. If the BAC level is above the legal limit and the person decides to operate a vehicle, the person may face charges for driving under the influence of alcohol.
Influences That Cause BAC Levels To Rise
How quickly a person’s BAC level rises after consuming an alcoholic beverage is impacted by several different factors. According to the NHTSA, these include the following:
- Weight-the more a person weighs, the more water there is in their body to absorb the alcohol. Due to this, a person who weighs less will have a higher BAC level than someone who weighs more.
Supreme Court Considers Deportation for Drug Crimes Conviction
Being charged with a crime can be a nerve-wracking time for someone who has never been facing jail time. These individuals may not know what to do in these situations, and could try to bargain with the prosecution in an effort to get a reduced sentence.
Certain offenses, especially drug crimes, are considered to be non-violent, meaning that the prosecution may not seek extensive jail or prison time for those convicted. However, there may be some additional penalties that may arise, and offenders need to be aware of some of the dangers that may accompany a guilty plea. This is especially true for immigrants, as certain criminal convictions may lead to deportation. A recent United States Supreme Court case examined this issue in greater detail.
The case concerned an individual in the country legally who was arrested in Georgia for possession of marijuana with intent to distribute. The person had roughly 1.3 grams of the drug in an automobile that was stopped by police. The motorist stated that he was going to share the marijuana with others, and was not expected to receive any compensation for doing so.