Silver Spring Criminal Defense Law Blog

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.

One of the unfortunate consequences of being charged with or convicted of a crime in Maryland is the fact that you will incur a criminal record that is accessible to the public. For example, a potential employer or landlord might run a criminal background check, see that you have been convicted of a crime and thus might choose not to hire you or rent a home to you. This can make life difficult, even after you have paid your debt to society.

However, it may be possible in some circumstances to have your criminal record expunged. When a criminal record is expunged, it means that it cannot be accessed by the public. Agencies that retain criminal records can be found in Motor Vehicle Administration files, police files and court files. There is a specific process for expunging a person's criminal record from each of these agencies. No single process removes a criminal record from all agencies.

Violent crimes such as assault, manslaughter and homicide, among others, can be some of the most serious charges a person in Maryland can face. These types of crimes often carry with them mandatory minimum sentences that could mean years or even decades behind bars, in addition to fines and a criminal record that could make it difficult to find housing and employment after the sentence is served. Therefore, those accused of violent crimes will want to take all the possible measures they can to defend themselves.

Facing a criminal trial can be intimidating, especially if it is a person's first offense. It is important to have a strong defense strategy, but oftentimes a person accused of a violent crime may not know where to start, much less what defenses are best in their circumstances. That is when it can help to have the assistance of a criminal defense attorney.

In Maryland, those who have been convicted of a "disqualifying crime" may not possess a statutorily defined "regulated firearm." "Disqualifying crimes" include violent crimes, felonies and misdemeanors with statutory penalties of more than two years. However, after serving the sentence, a person who has been convicted of a "disqualifying crime" may pursue a pardon in order to regain the right to possess a firearm.

A pardon serves as proof that the convicted felon has adjusted back to society after serving the sentence. Therefore, people cannot apply for a pardon if they are still incarcerated. To be pardoned for a misdemeanor crime, a person must not commit any crimes for five years from either the date of sentence, release from prison or release from parole, whichever occurred last.