Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Category: Criminal Defense

2016 The Best Lawyers In America

I have received this honor as well.  I get a lot of membership requests for Best Lawyer type organizations, but I turn them down.  Super Lawyers and this are the two I respect the most and think give my potential clients a basis for trusting me to review their cases.  

Part 3- I Can Beat You With 25% of One Eye Closed

Last Tuesday I had a case I was really looking forward to on the Eastern Shore.  I had another relatively new officer, this one a Maryland State Trooper, and a video.  Interesting that they have videos in the cars everywhere but the Baltimore metropolitan area.  My eye was still repairing itself and it was a beautiful to cross the Bay Bridge.  Now this case had some history.  It was postponed the first time because I did not "check in" and therefore the State did not know to tell the police to come to court.  The prosecutor was incredibly pissed at me and when he went to look for the officer he told me I could have my trial the NEXT TIME I came over there.  When they went to look for the police, they found out that one was on his honeymoon.  I argued that if he eloped the night before he had a good reason for not notifying the court, but otherwise the postponement should be denied.  The postponement was granted.  

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2nd of 2 Video Victories

The trial was today and I received the video Friday.  I watch the video and the first thing I see is that the officer could have done the SFSTs between his car and the client's car because a second officer had pulled up behind him, allowing for protection from a rear end collision.  The video is now obscured, but not enough for me to see the defects in the testing.  I watch the video and it is clear that my client does them almost perfectly, especially since he gave incorrect instructions on the heel to toe test.  I then rewatch the video comparing it to the police report and the police report is inaccurate.  The client is wearing sandals, not boots, and she did not "take her boots off and walk barefoot."  The sandals were visible when she walked to the police car.  The officer wrote down the instructions he gave for the heel to toe, but he did not verbally give those instructions.  I watched the video multiple times to make sure I did not miss anything he said.  

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Declining To Teach Fall Seminar

After a great deal of consideration I am not going to teach the State Bar Association course on how to defend a a DUI.  The reason?  I am not going to lecture prosecutors and police on my strategy to win your case.  It is one thing when I teach strictly defense lawyers, and even some of them don't get it.  But to make the police and prosecutors aware of the things they are missing, I am not going to do it.  You retain me to exploit their weaknesses as they have the burden to prove your guilt beyond a reasonable doubt.  I don't tell them our defense when I walk into the courtroom before trial, so why should I tell them in November so they are prepared starting the day after.  Some State's Attorney's Offices send a few prosecutors who then go back and tell everyone what we say so they can prepare for YOUR defense.  

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I Want to See the Paperwork

My prosecutor today asks for a postponement because the officer is on vacation.  She just learned about it yesterday.  I object.  The judge says if the officer requested it more than 2 weeks ago he will grant it as the Court should have postponed the case.  He asks her and she says she believes it was more than 2 weeks ago.  She does not have a copy of the request, nor it turns out has she even seen it.  I tell the judge I want to see the paper and he agrees, and the prosecutor's supervisor walks across the hall and retrieves it from the police liaison's office.  

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Contact Information

  • Gary S. Bernstein, P.A.
  • 29 W. Susquehanna Avenue, Suite 700
  • Towson, Maryland 21204
  • Toll Free: 866-435-2795
  • Locally: 410-415-9219
  • Fax: 410-823-0610

Office Location