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James N. Papirmeister, P.C.

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Criminal Defense Archives

Justice Dept. crackdown attacked by prosecutors, criminal defense

Most crimes in the criminal justice system are prosecuted by state prosecutors in Maryland and other states instead of the federal government. However, U.S. Attorney General Jeff Sessions announced a crackdown on crimes and promised to seek longer sentences for convicted criminals. Justice Department officials hope that the states adopt this tougher position.

"Ban the box" not coming to Maryland colleges this year

Maryland has many opportunities for people who were incarcerated after a brush with the criminal justice system. It is one of 14 states that allows individuals to vote immediately after release from prison and is one of 26 states with a Ban the Box policy that prohibits public employers from inquiring about an applicant's criminal background until a pending job offer is made.

Rights during police encounters in our criminal justice system

The criminal justice system provides rights to individuals who are stopped by the police or arrested in Maryland. A person's conduct could also harm their criminal defense and have long-term consequences.

Can the government seize property in Maryland?

Maryland state or local governments can seize property related to criminal activity, even if there is no criminal conviction, through civil forfeiture. In cases related to drug crimes, the government may seize real estate, cars, equipment, money, accessories and all types of other property.

Maryland court dials up cellphone privacy in landmark ruling

The Maryland Court of Special Appeals, the Old Line State's second highest court, handed down a landmark decision that will assure that the criminal justice system protects privacy rights. It issued the first high court decision in this country finding that police investigators are required to secure a search warrant for tracking cellphones, particularly for using a Stingray device to track phones. The Stingray device works a bit like a cellphone tower and triggers all operating cellphones in its range to connect with it. It then operates a real-time tracking device for locating cellphones.

Maryland bail rules may change

In July 2017, a Maryland court ruling will take effect which will revise a hallmark of the state's criminal justice system. A Maryland Court of Appeals 2016 ruling requires state court judges to release nonviolent offenders from jail without posting bail if they are not a flight risk. However, the state legislature is also considering a bill that would reverse this decision.

Various types of plea negotiations

As a previous post here discussed, not everyone in Maryland may find that going through every step of the criminal justice system is the best option for their criminal case. The best part about our justice system is that there are many options available to those facing criminal charges, and one of them is to opt out of the system and reduce uncertainty by accepting a plea agreement.

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