Preparing for an Assault Case

My client was terrified.  He was accused of grabbing a woman by the hands and puckering up to kiss her.  He denied any involvement.  I could not figure out a motive why the woman would accuse my client of this.  They did not know each other and had only met for a few minutes in a work environment.

There were no other witnesses to the event so I needed to develop reasonable doubt with other evidence.  It was basically a she said he said type of situation.  The courts are often likely to believe the "victim" because there is no obvious reason for the victim to make this up and there are strong reasons for the defendant to lie, the defendant's liberty is at stake.

I researched whether the area had security cameras.  Apparently it did have security cameras but it was a business establishment and it had changed owners.  Nonetheless, I pushed on the first donors to give me the name of the former owners and followed up the former owners.  Unfortunately not only were the cameras pointed in the wrong direction but any recording had long since been erased.  Nonetheless, at least I made the effort.

I pushed my client as to why the "victim" would make this up but he had no idea.

I listened to my client's side of the story and not only did the facts seem logical, his presentation seemed believable, he was not defensive or exaggerating in his presentation, it was matter of fact and straightforward.  I thought that a trier of fact would believe his side of the story even if it believed the "victim's" side of the story.

Finally, I brought in character witnesses who knew my client well and could testify that in their opinion and by reputation in the community he was an honest and law-abiding citizen.

I was as ready as I could be for trial.

On the trial date the "victim" did not show up.  The prosecutor argued for a postponement and I made it clear to the judge that the prosecution did not have good cause to seek a postponement.  They could not tell the court why the "victim" wasn't in court and they could not tell the court when the "victim" might be available next.  The court denied the postponement request and the prosecution was compelled to enter the case nolle prosequi.

My client was very relieved and I believe justice was served.

Provisional License and Tickets

If you don't know and you have a Maryland provisional license receiving a conviction or even a probation before judgment can have dire consequences on your ability to drive and your ability to receive a regular license.

Case in point-my client has a provisional license and he received moving violations in Maryland approximately one month apart.  My client thought it would be a good idea to pay the moving violations.

With a provisional license under the current law if you receive a conviction you must thereafter complete the driver improvement program or be subject to suspension.

If you receive a second ticket you can be subject to suspension for up to 30 days.

If you receive another ticket you can be subject to suspension up to six months.

Once you receive that conviction a probation before judgment the motor vehicle administration will send you a letter to the address they have on record.  If you fail to respond, if you fail to send them the $150 they will suspend you up to the maximum amount automatically.

My client already had one conviction and had done the driver improvement program.  He had no idea that he would be suspended for the other two tickets.

Under Maryland law there is a certain amount of time to request that the court vacate a judgment.I filed the appropriate motion with the court and the court granted my request and provided us new trial dates.

On the first trial date we were able to secure a not guilty verdict because the officer was not able to prove that my client was speeding.

On the second trial date the officer failed to show up and again we obtained a not guilty verdict.

Because we won the two cases in court the motor vehicle administration no longer has a case against my client.  Not only that but he can immediately apply for his regular license.

Something as simple as moving violations can have dire consequences if you had a provisional license.  You should seek competent counsel when determining how to address your moving violations.

Maryland Good Samaritan Law Interpreted by Court of Special Appeals

The Maryland good Samaritan law has been on the books since October 2015.  Maryland, like the rest of the country has been suffering an opioid crisis.  Maryland Gen. assembly made a determination that it was more important to protect lives then prosecute people. Basically, there should not be a criminal prosecution for drug possession if it is discovered because a good Samaritan called in an overdose problem.

Specifically the statute states as follows:

§1–210.  

(a)   The act of seeking, providing, or assisting with the provision of medical assistance for another person who is experiencing a medical emergency after ingesting or using alcohol or drugs may be used as a mitigating factor in a criminal prosecution of:

(1)   the person who experienced the medical emergency; or

(2)   any person who sought, provided, or assisted in the provision of medical assistance.

(b)   A person who, in good faith, seeks, provides, or assists with the provision of medical assistance for a person reasonably believed to be experiencing a medical emergency after ingesting or using alcohol or drugs shall be immune from criminal arrest, charge, or prosecution for a violation of § 5–601, § 5–619, § 5–620, § 10–114, § 10–116, or § 10–117 of the Criminal Law Article if the evidence for the criminal arrest, charge, or prosecution was obtained solely as a result of the person’s seeking, providing, or assisting with the provision of medical assistance.

(c)   A person who reasonably believes that the person is experiencing a medical emergency after ingesting or using alcohol or drugs shall be immune from criminal arrest, charge, or prosecution for a violation of § 5–601, § 5–619, § 5–620, § 10–114, § 10–116, or § 10–117 of the Criminal Law Article if the evidence for the criminal arrest, charge, or prosecution was obtained solely as a result of the person seeking or receiving medical assistance.

(d)   A person who seeks, provides, or assists with the provision of medical assistance in accordance with subsection (b) or (c) of this section may not be sanctioned for a violation of a condition of pretrial release, probation, or parole if the evidence of the violation was obtained solely as a result of the person seeking, providing, or assisting with the provision of medical assistance.

The statute is not a model of clarity. After this particular statute was put on the books I was present for discussions between the state attorney's office, high-ranking brass for Montgomery County police And defense attorneys. It was not clear how the statute was to be interpreted. Who was protected?

The person making the call? The person overdosing? Other people just standing around at the party possessing drugs?

The Court of Special Appeals addressed this issue recently. In that case the defendant was overdosing. His girlfriend called for medical assistance and he was arrived. At the time he was overdosing he was on probation for drug offenses. His probation officer requested that he be found in violation of probation and the judge determined that he was in violation of probation.

His attorney appealed the matter claiming that the person suffering the overdose, the defendant, should be immune from prosecution. The court of special appeals agreed holding that the general assembly intended to protect the residents of Maryland rather than prosecute them in this sort of situation.

It is still not clear what would happen to other people at the party close to the drugs or possessing their own drugs in terms of criminal prosecution.