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Tough Times Call For Tough Representation
These are now few and far between. The Officer's Order of Certification read that the stop was for a tag light at 2:00 AM. No odor of alcohol. SFSTs not to my satisfaction ( curved area of a rural road on a grassy area). There were just no reasonable ground. No...
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...
We are all new at our jobs. Being a prosecutor is no exception. When you are a new prosecutor it is hard to make a decision on how to handle what looks like and may be a serious case. As I said to the police liason after this case, it was a learning experience. I...
Yesterday was another example of the Gregg Bernstein try every piece of s… policy. If this is the first thing you are reading of mine, Gregg Bernstein is the elected State's Attorney. WE ARE NOT RELATED. He got his ass kicked in his first attempt at re-election as...
I watched the Webcast of the oral argument in the Court of Appeals concerning the right to counsel before you agree to take or refuse a breath test. For almost the last 30 years it has been understood that if you request counsel, you can call a lawyer or be given a...
Friday was the latest Seminar and the turnout was over 70 people. There has always been a big turnout for this and years ago when we took it around the State, the total turnout would be around 200+. There was a Maryland continuing legal education organization...
No sooner had I posted the previous post when I get a call from a 24 year old who was just charged with a 3rd DUI. The caller is on probation for the 2nd. I asked about the treatment for the second DUI and the caller did a weekend at a program. The caller then...
Maryland law requires that the client receive treatment in a “certified” program. Some programs offer more than what they are certified to do. Some do not have the proper counselors teaching the “certified” program so that the treatment does not meet the...
I had a trooper today who now operates a non-video car. My last case was when he had a video and the charges were dismissed after reviewing the video. When the prosecutor told him I wanted a trial he was visibly displeased. Unlike his previous aggressive roadside...
One of the basic rules of prosecution is that you need some evidence in order to convict. Unfortunately there are times when because of the client’s record, the State decides to take a shot. It is arguable whether this is correct, but having been a young prosecutor...