Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Category: Uncategorized

Not Guilty Anne Arundel County Sex Abuse of a Minor

This was one of the most challenging cases I've ever defended.  The accuser was a 5 year old child and my client was her 18 year old uncle.  The biggest challenge was jury selection.  75 potential jurors were brought into the courtroom.  When asked whether  "you believe that where a child has accused an individual of child abuse that individual must be, or is more likely to be guilty of child

abuse?"- 24 of them stood up.  Some of them made it through the questioning at the bench and those that did I struck using my challenges.  33 jurors had either themselves or had family or friends who had been the victim of sexual child abuse.  I sat 2 of those jurors.

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Same Building but address change

My building address has been changed from Susquehanna Avenue to 215 Washington Avenue.  I am still in the same place, but the new owners believe the address should be changed.  Not my area of expertise. 

2020 Best Lawyers in America

Just announced today that I have been selected again.

Cecil County Not Guilty

It is extremely rare when a judge takes a case away from a jury and acquits the defendant.  It happened last week in the Circuit Court for Cecil County.  This was a DUI involving a high breath test.  The client's career depended on the outcome.  He suffers from an extreme medical condition where whenever he eats, he regurgitates the food and has to chew it again and again. He was just coming from dinner when stopped for speeding.  The receipt from the restaurant showed one beer and all that he and his family had eaten.  He explained his GERD issue to the arresting officer, who told him it was not an issue.  Well, it is an issue!  We hired Ronald Henson, PhD. to testify that the breath machine would basically add the alcohol coming from his stomach into his esophagus to the alcohol from his deep lungs and give an unreliable and high reading.  The mouth alcohol detector, if working, would not differentiate because of the constant amount of alcohol interfering with the deep lung air.  

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Baltimore County Not Guilty

Had a trial in Essex yesterday that resulted in an aquittal.  The back story is funny.  I am sitting on my patio one Friday night enjoying the autumn air when I hear a BOOM and the power in my house goes out.  I say "some drunk just hit the BGE pole."  Two hours later power is restored.  You know what is coming next.  The following week a new client comes in and explains how he was travelling on Greenspring Avenue when the guy in front of him stopped suddenly and he had to hit his brakes and pull to the right to avoid colliding with the car…..instead he knocked my lights out.  I told him about my comment and he went home and told his wife who also found it hilarious.

There was a video and I thought it helped.  His head hit the windshield and it was a mess.  He had a previousl leg injury and was constantly holding and rubbing his leg (including in the station), so no SFSTs.  He attempted to take the breath test but could not provide a sufficient sample.  He was subjected to sarcasm from the technician who thought he was fine.  The video showed him holding his rib area while trying to blow.  HE HAD A FRACTURED RIB.  I thought the State had "bupkus"- NOT DICK BUTKUS of  Chicago Bears fame.  It is a commonly used Yiddish word for "nothing"- no I do not speak Yiddish either.

The Judge, who is not Jewish, also thought they had "bupkus" and found my client not guilty.  The good news is he has moved south of my BGE pole so the next time a moron stops suddenly in the roadway in front of him, someone else's light will get knocked out.

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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