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July 7, 2014

Can you Clear you Criminal Record?

Friends, here I am to share with you a question I’ve been asked by many clients: Can I erase my criminal record?

Yes, you can file a petition in court to clear your criminal records (“petition for expungement”) in the following situations:

1. If the judgment you were given is found not guilty.

2. If in your judgment the State of Maryland decides not to prosecute (“Nolle Prosequi”).

3 If in the judgment you get a sentence of probation before judgment (“probation before judgment”), also known as PBJ.
a. In these cases you would have to wait 3 years to file the petition.
b. This does NOT apply to cases of drunk driving / driving with influence (DUI / DWI). Cases of DUI / DWI cannot be erased in your criminal record or your driving record.

4. If the judgment you get your case indefinitely suspended (STET).
a. In these cases you would have to wait 3 years to file the petition

5. Cases where a minor is involved are confiential. These are kept in a separate record of criminal history. You may request that the minor’s history be erased in a juvenile court showing just cause.

You can request that police records be deleted and records on motor vehicle administration (MVA). But this is a separate process to the Court. You have to make a written request in each agency individually. Each government agency has a different application and process and the process can be slow.

Immigrants, people who are residents and are not yet U.S. citizens, and people who have a visa, should consult an immigration attorney before clearing their criminal record. If you qualify for an immigration permit or when renewing your visa or residence, it is possible that the Immigration Court mas ask a copy of your criminal record. The problem is that if you delete your history and criminal record, you will not be able to provide the Immigration Court with the requested documents.

Call us today to discuss your case and determine if you may be eligible to clear your criminal record at (301) 943-3095 (Attorney’s cell) or (410) 558-2123 (office).

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June 19, 2014

Reliability of Anonymous Calls

Reliability of Anonymous Calls

For an anonymous tip to be able to be sufficient enough to support a stop the tipper needs leave identifying information with the police. Also police needs corroborating information supporting the stop.

Example 1: In the Supreme Court case Florida v. J.L. the police received an anonymous tip. The caller told police that a young black man would be standing at a particular bus stop carrying a gun. Police saw a young black man that fitted with the given description and stopped him, and found the gun.

In this case the officer’s suspicion that the young man was carrying a gun came only from the call that an unknown person had given the police. Therefore the court found that there was a lack of corroborating information to support the stop.

Example 2: In the Supreme Court Case Alabama v. White, police received an anonymous tip. The caller told police that a person at a certain time would get into a brown station wagon with a cracked rear light and drive to a motel to sell cocaine. Police observed a women who was driving a brown station wagon with a cracked rear light that drove to a certain motel at the time that they were told. Police stopped the car before it reached the motel and found marijuana and cocaine.

In this case the Supreme Court held that the officer had enough corroborating information to support the stop. Since the officers were able to corroborate the information given by the caller before they stopped the car.

In a DUI case when police receives an anonymous call by a concerned driver reporting negligent driving the office will need to corroborate the information received in order to make the stop. A lack of corroborating observations could be a defense in your case.

If you are charged with a DUI/DWI call us today to discuss your case and start preparing any defense you may have. 301-943-3095 or 410-558-2123.

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March 28, 2012

Inconsistent Recorded Statements Can and Will Be Used Against You

Just recently in the case of McClain v. State, No. 17, September Term 2010, the Maryland Court of Appeals gave an opinion on this subject. The petitioner in this case challenged if the trial Judge committed an error by admitting into evidence a taped recording of a witness that was inconsistent. Under Maryland Rule 5-802.1(a) a prior inconsistent statement is admissible if either it was: (1) made under oath at a qualifying proceeding; (2) made in writing and signed by the declarant; or, pertinent to the facts of this case (3) “recorded in substantially verbatim fashion by stenographic or electronic means
contemporaneously with the making of the statement . . . .”

So be very careful when you are being interviewed by a police officer or detective, any recorded statement you give could impeach you in trial and may have collateral consequences in the future. This also applies if you are a witness or petitioner in Court. Any and all statements in Court are recorded and they can and will be used against you by any party for impeachment purposes.

The best advice, is to be quiet, do not make statements with out the presence of an attorney. Every time a police officer or detective approaches you to make a statement, you have an absolute right to ask that your attorney be present, and if you do not have one, that one be appointed to you.

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May 23, 2010

Injured at Work?

If you are injured in an accident at work you are probably entitled to workers compensation under Maryland law. If you suffer an injury at work, you should report any accident that you are involved in on the job, whether or not you believe you are injured. Even if you are not injured, your report of the incident could cause your employer to implement new safety measures that will prevent an injury from happening to you or someone else in the future.

Workers Compensation laws require most employers to obtain workers’ compensation insurance. With worker’s compensation, the employee doesn’t have to prove that the employer’s negligence caused the injury. In fact, the employee can be compensated even if the employee’s own negligence caused the injury. However, there are some instances when an employee’s injuries won’t be covered. One example, if an employee is intoxicated or using illegal drugs at the time of the incident, that employee’s injuries won’t be covered. Because of that, some employers have a policy of requiring employees involved in work place accidents to submit to drug tests.

You should see a doctor as soon as possible following an accident at work. If the injury warrants it, go to the emergency room. However, if you are not seriously injured, you should ask your employer if they require you to see a certain doctor or if you can choose which doctor to go to. If your employer chooses the doctor and you are not satisfied with how things went at your visit, you may want to consider seeing another doctor of your own choosing. You may be entitled to a second opinion under the workers’ compensation laws. Even if workers’ compensation won’t pay for you to see a different doctor, it may be worth it to you to pay for it yourself. Depending on the extent of your injuries, you could stand to lose much more in benefits than it will cost you to get an evaluation by a different doctor. If you have health insurance, your doctor’s visit may be covered by it.

It is up to your employer to file a workers’ compensation claim with their insurance company on your behalf. They won’t know to do this until you let them know you are injured. If you reported the accident, but didn’t know you were injured at the time, let your employer know as soon as you discover your injury. Follow up to make sure that a worker’s compensation claim is filed. You are entitled to a copy of the workers’ compensation claim filed by your employer.

You may want to consult an attorney with experience handling workers’ compensation claims.

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