Courts reopened today to different practices and procedures depending on the jurisdiction. I suggested and the MCDAA formed a Covid-19 Committee to get some uniformity for trial practice. Only a few judges have been interested in the Organization's input, although...
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...
You may be surprised to learn that when you are drinking you don't remember much of what went on in your interaction with the police. You knew it at the time, but recollecting it in my office is a different story. That is why the Body Cam is invaluable. Now if you...
I just returned from court after a Not Guilty verdict in a DUI. There were 14 Body Cams but only one that was diapositive. That Body Cam showed my client at his car and the subsequent field sobriety testing. The officer's report was 100% accurate, but there is a...
The importance of police KGA Broadcasts can never be underestimated. My client tells me about his stop and subsequent arrest and I expect I will see the same information in the police report. I have had cases with this officer before and know what he does EVERY...
As technology use becomes prevalent in law enforcement, we are seeing more and more video interaction between police and clients. The more recent Blogs cover some of these cases. Body Cam footage has been extremely valuable in the defense of cases. Car video has...
I posted to the Maryland Criminal Defense Attorney's List serve the new Employer's Vehicle Exception Form. Years ago I had posted the form letter for an employer to write so that the client did not have to ask for a Hearing. I have been surprised to learn how many...
While sitting in Howard County last week before my trial, a scrum broke out in court over the admissibility of a PBT result during sentencing. The judge asked my opinion and I explained to her that it is only admissible at the Office of Administrative Hearings on the...
Last week I tried a roadblock case in Howard County. The prosecutor thought I was crazy to try it and told me I would get a worse result than the plea that was offered, but I thought there were solid issues regarding the roadblock as well as factually regarding the...
I leaned over to my client near the end of the trial and said that the police report and the officer's testimony in response to the State's questions have you a falling down drunk. When I got done the judge agreed there was not enough evidence to arrest him and threw...
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Gary S. Bernstein, P.A.
215 Washington Ave
Ste 700
Towson, MD 21204
Phone: 410-337-7770
Fax: 410-823-0610
