Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Category: Search and Seizure

Wonderful Christmas Card

i just got a really nice card from a client who had multiple drug and alcohol issues.  His father passed a way a few years ago and he got lost in grief.  It took 2 cases to get him on track.  Here is what he wrote:

 

"Thank you for giving me a second chance to get my life back together.  A learning lesson indeed.  I got my job back.  My boss told me he believes in second chances."

Your foster son,

 

He was finally ready to get help and he did.  He deserves all the credit.  He knows that I will alwys be there to help.  

 

 

 

 

DUI Dismissal in Baltimore County

Another Body cam video that added nothing for the State.  The client was charged with a DUI based upon an accident.  No one could testify if he was the driver or the passenger.  The Body Cam did not show anyone in the car after the accident.  The investigation did not reveal who was operating the vehicle at the time of the accident.  I refused a lesser offense of DWI because you can either prove it or you cannot.  The charges were dropped.

Once in the hallway waiting for the paperwork, another criminal defense lawyer came up to my client and his father.  The lawyer told the father and the client that I am the lawyer other lawyers hire when they get a DUI.  It was very nice of him to say that.  My client and his dad responded that another lawyer had referred them to me.  It is nice when one of your peers goes out of his way to compliment you. 

Maryland Super Lawyers and The Best Lawyers in America 2018

I have once again been fortunate to make the lists.  As I wrote in the past, it does not mean anything unless you do the work for each client.

Justice Gorsuch and the Fourth Amendment

I have copied and pasted an Article for the ScotusBlog about our newest Supreme Court Associate Justice and his Search and Seizure rulings.  Most people who are not familiar with the judicial philosophy of "originalists" think that rule against criminal defendants all the time.  Nothing could be further from the truth.  The late Justice Scalia resurrected the Confrontation Clause which now results in previously admissible hearsay being ruled inadmissible in court.  Domestic Violence prosecutions rely upon 911 tapes that were always admissible and now are not automaticaly so. The same applies to sentencing enhancements whose applications  may now require a jury to determine instead of the judge at sentencing.  The conservatism that liberals fear on social issues does not apply to protections contained in the Bill of Rights for those accused of crime.  The article below is technical in some respects but interesting.  For the people charged with an offense who are reading this Blog, Justice Gorsuch insists that your rights as a citizen not be violated no matter what the offense.  His appointment to the Supreme Court insures that there are not two standards for the Bill of Rights that would depend upon whether or not you are charged with a crime.

Read more ...

Justice Department to Aggressively Pursue Marihuana and Mandatory Penalties

It is no secret that Attorney General Sessions is opposed to the use of marijuana for any purpose, including medicinally. He has appointed a former United State's Attorney from Tennessee to help implement the change.  There has been a growing movement by CONSERVATIVES in this country to reduce federal mandatory penalties. Senator Mitch McConnell and Speaker of the House Paul Ryan supported such legislation.  As a Senator, Sessions prevented the bill from being voted on even when there were over 70 Senators in favor because he politicized it as a vote to go soft on crime.  

Now as Attorney General, Mr. Sessions has ordered that every tool be used in the prosecution of any drug offense.  Discretion regarding pleas to lesser quantities in order to insure fairness may be limited.  Quantity alone should not determine the sentence.  Prosecutors and judges in State court where mandatory sentences are not required understand this and view the defendant as a whole. Federal prosecutors and federal judges have been doing this since the Sentencing Guidelines were ruled no longer mandatory.  However if the only charges pursued are the ones carrying mandatory penalties then discretion will be lost.  The next 4 years will see a change in federal prosecution tactics.  Those states that have liberalized marijuana use may find some of their participants charged under federal law with manufacturing marihuana. The federal prison beds of the drug offenders pardoned by President Obama are going to be filled.  

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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

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