Gary S. Bernstein, P.A.

Call Toll-Free: 866-435-2795

Locally at: 410-415-9219

Posts Tagged ‘Search of Automobile’

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.

Prescription Pills and Teenagers

There may be nothing harder than getting through to a teenager who is addicted to pills.  Oxycodone is synthetic heroin.  It does not matter how affluent your family is, heroin is heroin, and it is the ultimate monkey on the back of any person.  Couple that with raw immaturity, and the normal teenage sense of invincibility, and you have a parent’s worst nightmare.  These are becoming the criminal defense attorney’s worst nightmare.  

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Marihuana Addiction And Treatment

I handle a lot of cases involving college students who smoke marihuana everyday.  They sell it in order to supply themselves with weed.  I also see it with men and women in their late 20’s and early 30’s who are now in the work force.  The youngest age for starting marihuana for my clients was age 11.  I had one today tell me she started at age 9.  It leaves you speechless, because she is talking about elementary school.  

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Motion to Suppress

Had an interesting Motion to Suppress yesterday that was granted.  The issue involved the seizure of pills from the console of my client’s vehicle.  We dealt with those drugs before we dealt with the arrest for possession of marihuana.  That too was suppressed, but the pills were more interesting.  Assuming the client was arrested lawfully and the search was valid, was the seizure permissible?  

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You are too late if you are reading this

If you are reading this you have been charged with an offense and looking for an attorney.  Here is a variable neither you nor I have control over.  These cases were not triable. A  good search in the first caseand the second client was caught at the scene with the stolen property.  What prompted this post was the conversation at a coffee house this morning with the prosecutor in the first case.

This morning I had a sad conversation with a prosecutor whom I like and respect. The client is going to jail for a few months (selling a small amount of weed), and  will be on either work release or college release.  During the summer, the client will work.  When school begins, the client will have 10 days left to serve because, although the client will have earned release credits, they are not awarded until the end of the month.  I wanted to modify the agreement (the sentence has not been imposed yet) to reduce the time by the 10 days.  The prosecutor said, the client can be released for school so why do it.  I said i did not want the school to note it on his school record since they have to agree to allow him to attend (they do it all the time).  It would also be easier to start school at the beginning of the semester from home. The prosecutor’s response was too bad, let it be on his school record.  I commented the client would like to keep it out of there, and the prosecutor said that the prosecutor was tired of being accused of ruining people’s lives.  I told the prosecutor that I did not think that, nor was I implying it, and that the client did not think that when the request was made to me.  The client is not receiving a PBJ so this will not be expunged, so maybe there is no additional harm.  The problem was the cold stark reality that once you have screwed up your life, you may find little sympathy.

The contrast to this was recently I had another college student who was involved in a Theft.  Inexcusable and inexplicable.  Caught red-handed.  The prosecutor in that case was also dumbfounded by what the client did.  The agreement was for a PBJ (can be expunged in 3 years, unless Good Cause for an earlier expungement).  Without me asking or even thinking about it while we were waiting for the Judge, the prosecutor walked over to me and said, if the client stays clean for the next year, the prosecutor would agree to an early expungement so he can get a job because he is graduating college this year.  A kind and gracious act that was not even on anybody’s radar screen, and would not have been on mine until the probation period was over.

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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
  • Fax: 410-823-0610

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