Silver Spring Criminal Defense Law Blog

Many people create an online persona to gain a following on social media platforms such as YouTube, Twitter and Facebook. Oftentimes this includes posting videos of various acts and events online. These videos may seem funny to some and may receive thousands of "likes," but others may be offended to the point where criminal charges are filed.

A Baltimore man is facing criminal charges, including harassment and trespassing, following incidents that took place when the man was filming videos that he later reportedly intended to post on social media accounts under the name, "Plainpotatoess." So far criminal summonses have been issued, and the man has not yet been placed under arrest.

It may seem like everyone these days is involved in some sort of direct sales company, also known as multi-level marketing. While this may not be so bad, often, the companies that make these products encourage and incentivize their independent consultants to recruit others to sell the products. While being asked by an acquaintance to "join their team" with "unlimited earning potential" may be annoying to some and too good to be true to others, it is important to note that doing so is not necessarily illegal. That is because there is a big difference between lawful MLMs and illegal pyramid schemes.

Many people Maryland are familiar with MLMs. In this business model, goods are sold by independent consultants who represent the business. There is no physical store in multi-level marketing businesses -- their products are sold directly by the consultants, often through parties. However, consultants are also incentivized to sign up more individuals to be consultants too, thus earning a percentage of what those in their downline earn.

When a person thinks of the crime of burglary, they may envision a masked criminal breaking into a locked home in the dead of night and stealing something inside. However, under state law, burglary does not necessarily have to involve theft, nor is it limited to a person's home. Thus, it is important to understand the difference between burglary and other crimes.

There are four degrees of burglary under state law. The most basic degree of burglary is burglary in the fourth degree. Each element of that crime is treated as a criminal act. One need not physically break into another's property. For example, if a person simply on another's property with the intent of committing theft, this could still satisfy the crime of fourth-degree burglary. Or, if a person simply breaks into and enters a person's property, without necessarily intending to commit a crime of this could also satisfy the crime of fourth-degree burglary. Burglary in the fourth degree a misdemeanor crime.

Recreational marijuana use is now legal in some states in the nation, but it is still technically against the law in Maryland. However, in 2014 a law was passed in Maryland that made possessing under 10 grams of the drug merely a civil offense rather than a criminal one. A first-time violation of this law will result in a $100 fine. A second violation of this law will result in a $250 fine. Subsequent violations of this law will result in a $500 fine. If a person is under age 21 or if it is the third time they have violated this law, they will be assessed for substance abuse disorder and they may be ordered to attend a drug education program.

However, police in Maryland generally do not have scales on them to measure how much marijuana a person possesses. They must resort to "eyeballing" it. This could become problematic if, in fact, a person is under the 10-gram threshold but is nevertheless charged with a more serious drug crime because the arresting officer estimated the person was in possession of more than 10 grams of marijuana.