Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Harford County Criminal’

Harford County Not Guilty, and Respect Before and After, Unlike Baltimore City

The client in this case was only stopped at 1:00 AM for speeding.   The SFSTs were done in insanely cold and windy conditions next to an open field.  My client was without a coat. He asked to be taken to a reasonable location to do the SFSTs but the officer declined.  He admitted on the witness stand to 5 drinks over the course of the evening social event beginning at PM.  There was no reason for any of the alcohol to be in his system at 1:00 AM as he stopped drinking at 10:30 PM.  He was and is physically unable to take a breath test.  His truthfulness as to the amount consumed was important for his credibility.  Some lawyers are put off by the number of drinks, but it is not how many, but when they were consumed in relation to the driving.  

After he was acquitted the officer came up to me in the hallway and wanted to know what he could do better.  I am not giving away my Schtick, but I told him that in these weather conditions, he should have taken him indoors or under some cover.  The MDTA officers offer that when the weather is poor.  I then told him to go out and get me some more business.  He laughed and shook my hand.  He then turned to my client and they shook hands.  The officer in this case drove my client home from the police station, and they chatted about things other than the DUI on the way.  Unlike the rudeness that has unfortunately occurred in Baltimore City for years where the police have alienated the citizenry, it does not have to be that way.  There was zero animosity between my client and the officer.  My client understood why he was charged and the officer understood why my client was acquitted.  If either one of them needed a ride from the courthouse, the other would have provided it.  Do you think that happens in Baltimore City.  I am sick and tired of hearing about how many times black men have been asked to lay down on the street and been asked questions about guns and drugs.  A BUSINESS OWNER, FATHER OF 2, HOME OWNER, SCHOOL AGE DAUGHTER IN PRIVATE CATHOLIC SCHOOL IN THE CITY, is stopped 3 weeks ago by 2 Baltimore City police officers as he leaves a friend's house in West Baltimore.  The friend and his family are not criminals.  He is questioned, he is asked to consent to a search of himself and his car, and he refuses.  He is scared, and as he walks away a Sgt. runs up behind him, and he thinks the 3 police are going to throw him to the ground.  He is again asked about drugs and his refusal to consent to a search.  He stands his ground and they write him a ticket (police encounter document) and he is allowed to leave.  He calls me scared to death because he got this ticket.  I explain it is just proof of the police interaction with a citizen that they are required to write.  I demand the ticket and for him to give a  written step by step report because I am not going to let this pass.  He is so worried about how nuts I am going to go that he will not provide it.  I am sure that anybody reading this who is not black and does not live in Baltimore City has never encountered this type of behavior, nor have your children.  It is unfathomable to think that a county, any county, police officer would treat a member of your family this way.  If you saw your son or daughter laying flat on a sidewalk so that they could be asked about guns and drugs, I would be crazy busy handling assault on police officer cases in the counties.  This is why citizens in Baltimore City do not cooperate with the police and why it is open season for drug dealing or shootings in these areas.  The police don't respond to burglaries and car thefts without multiple calls in Baltimore City.  Law abiding people are ignored when they are victimized.  And now they need the Justice Department to come in and train the police how to be police!  What the hell are they doing at the police academy???  

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Harford County Criminal Not Guilty

I had a drug trial in the District Court this morning.  When I tried to point out the flaws to the prosecutor, I was met with an abrupt, "if you think I am going to drop this case, the answer is no."  I asked about the cocaine charge since there was no cocaine detected at the State Police Crime Lab, and I was told he was trying all the counts.  That actually saved my client $30.00 because you have to pay for the expungement if one of the charges is dismissed by the State.  The State wanted the drug evidence there so we had to wait until another trooper retrieved it from Perryville.  The drugs were in a Garmin GPS box.  The drugs included the co-defendant's prescription bottle.  The evidence from the trooper was that my client and his 4 passengers were at a music festival and had to rush to leave because of a storm.  A passenger threw a cigarette out the window that struck the trooper's car.  He smelled marihuana when he got to our vehicle, but none was recovered. Everyone told the trooper they just threw things in each others' bags.  The closed GPS box was in my client's duffel bag.  When Mirandized and asked about it, he denied knowing it was there or what was in it.  When the co-defendant, who was also found with suspected drugs on his person and in his duffel bag, was asked about the GPS box with his Adderal, he said he would not answer any questions about the contents of the box.  

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Baltimore County Not Guilty

This is a two part comment.  One on the case and one about the judge.  Yesterday I had a DUI with an issue about the arrest.  The video showed my client was not impaired, and the only reason for the stop was excessive speed.  Because of the judge's reputation for harsh sentences, I explained to my client that if we lost she would not accept a PBJ because of the probation conditions I expected would be imposed.  The judge is great on legal issues, but if you lose, I believe some of the "usual" probation conditions are unwarranted. I sat through the docket waiting for my trial and saw that the judge's probation conditions were completely in-line with everyone else. The "unusual" conditions were not imposed, even where I expected they would.  I told my client, there would be no appeal as no one would be fairer on the law, and that if we lost the sentence would be appropriate.

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Inmate Running The Asylum

This is a an off-spring of the treatment nightmare post.  I had a young client who is a junkie-plain and simple.  Like all heroin addicts he wanted everything his way and he wanted it now.  He decided he needed to be in a $40,000.00 28-day program because it will look good in court.  Aftercare?  An afterthought, actually no thought at all.  However this $40,000.0 waste of money might look good and get his charges dropped, which he also demands.  He is in a 7-day detox when he hatches this idea.  He is out of detox and using the day he gets out of detox when he tells his adult parents this is what has to be done.  They wanted to go along with this "plan."  It is in a nicer neighborhood than the program that will require 6 months of treatment and still cost less, but the neighborhood is very very important.  I had to argue against this nonsense and explain to everyone that he needed to get his addiciton and other issues treated.  He is inside, not wandering around the neighborhood.  They inspected the facilities and he and his parents agreed to admit him to treatment, and of course, another detox.  I understand the parents were at their wits end, but that does not mean they turn the decision making over to a nitwit.  They wanted a clean and healthy son, and by then they should have known that he is not the one to make the best decisions as to how that will happen.

Update to Prescription Pills and Teenagers

I got the client a second probation here to go along with the 2 in another county-that totals 4.  All the judges agreed to modify to a PBJ if successful on probation.  My client gave a nice speech to the judge about being clean, living in a sober house, working, going to meetings everyday, and regaining his family’s trust.  That was on a Monday……….On Wednesday I get an email that he was arrested for Burglary on TUESDAY.  In the car they find items stole in a Burglary the preceding Friday (3 days before the second case).  He has now plead to the Burglaries- both violate the first probation I got him- the second violates the day before probation. In the car was also a bottle of or a stolen prescription for 180 Oxys. He just got probation and a drug court recommendation on the new Burglaries, but I am not too sure the 2 judges over here are going to go along with that program when they see him for his VOP. The prosecutor here is completely pissed off about the lying in court, and the words “drug court” are not coming out of her mouth. So much time and effort spent by everyone trying to help this kid, but his addiction ate him up.

 

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