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Can You Get a Prescription Drug DUI in Maryland?
While most people think only of alcohol impairment regarding a DUI, in the state of Maryland, a DUI could be alcohol-related or could be related to illicit drugs or prescription drugs. This means that you might be taking a prescription drug, legally prescribed to you, like Ambien. Perhaps you have Ambien in your system, either by itself or along with alcohol.
Either way, if your ability to drive is impaired by a prescription drug, you could find yourself facing DUI charges. Since there is no specific amount of prescription drug that triggers a prescription drug DUI, the charge comes down to your individual level of impairment and how the drug affects you and your ability to drive safely.
The prosecution must prove that the total effect of whatever prescription drug you are taking puts you in a position of driving while impaired. This means your ability to operate a motor vehicle safely was significantly impaired.
Mistake of Fact vs. Mistake of Law for Criminal Charges?
A strict liability crime is one in which a defendant is held legally responsible for his or her actions regardless of whether the behavior was intentional or negligent. Strict liability means intent does not matter and only applies to certain crimes.
In criminal law, possession crimes and statutory rape are examples of strict liability crimes, while assault and certain other crimes require intent. If a criminal offense does not fall under strict liability, then there may be two "mistakes" that can qualify as a legal defense. These are mistakes of fact and mistakes of law.
Many criminal offenses that require the element of intent could potentially involve a mistake of fact or a mistake of law. To be found guilty in a criminal court of law, the prosecution must prove every element of the crime charged beyond a reasonable doubt.
Is Assaulting a Police Officer a Felony Offense?
As groups of people gathered throughout the city of Frederick, MD last week to exercise their First Amendment rights, some of those involved in the peaceful protest crossed the line into criminal conduct. These individuals were striking passing vehicles with umbrellas, escalating into throwing objects at police. A number of them were wearing goggles and gas masks, a tactic often used to avoid identification when engaging in unlawful activities.
One officer was struck in the groin with a metal pole, while another officer was struck in the head with a heavy object. Four individuals within this group were taken into custody; spray paint, laser pointers, and fireworks were recovered. Some of the charges the four suspects now face include disorderly conduct, riot, obstructing and hindering, failure to obey a lawful order, and assault in the second degree on a law enforcement officer.
Are White-Collar Crimes in Maryland Becoming More Common?
A woman was recently charged with stealing checks from Maryland mailboxes, altering the checks, and then cashing them. The total amount of the stolen checks is almost half a million dollars. The woman was caught when she was pulled over in Silver Spring for speeding. Inside the car was a portable check fraud setup with hundreds of business and personal checks belonging to other people.
There were also thousands in cash, blank check printing paper, and a printer in the vehicle. The stolen checks were altered, deposited, and then withdrawn for cash, time and time again. The checks included payments to utility, credit card, and mortgage companies. Police also discovered a mail carrier’s bag and hat, which they believe allowed the woman to go unnoticed as she stole the checks from Silver Spring and Bethesda mailboxes.
Check fraud is a serious white-collar crime that can carry significant penalties. If you have been charged with a white-collar crime, it is important to speak to an experienced Northern Baltimore County, MD criminal defense attorney who can build a solid defense on your behalf and zealously represent you in court.
Defending Against Rape Charges in Maryland
A doctor in Frederick County was recently indicted on several charges related to a sexual assault investigation, including two counts of second-degree rape. The charges stem from incidents that allegedly occurred during two visits from one patient to the doctor’s office.
The adult female alleged that the doctor touched her inappropriately during pelvic and breast exams, which were not the reason for her doctor visit, on a first visit in October 2024 and again in January 2025. The investigation is ongoing.
In Maryland, more than one in four adult women have been the victim of rape at some point in their lives, while nearly half of the adult women in the state and one-third of the adult men have experienced other forms of sexual violence. Rape and sexual assault are serious crimes that are never condoned. However, in some situations, allegations may be less than truthful.
Early Release Bill for Juveniles Convicted of Violent Crimes
The debate continues regarding whether young adults between the ages of 18 and 25 who are convicted of violent crimes really deserve to spend their entire lives in prison. There is plenty of scientific evidence to suggest that no matter how smart or capable a young adult is, the rational part of the brain that governs good judgment is not fully developed until the age of 25.
Most adults over the age of 25 think with the prefrontal cortex – the brain’s rational area that responds to situations with an awareness of the long-term consequences. Young adults process information with the brain’s amygdala, which is the area that supplies our emotions. Anyone who has ever had a teenager knows that while they often have overwhelming emotions, they are also unable to explain what they were thinking after acting on those emotions.
Because of this, many states – including Maryland – struggle with laws that send young adults to prison for life with no possibility of parole. In many states, even those younger than 18 are tried and convicted under adult criminal laws and sent to prison for life. If you or a loved one are charged with a violent crime like assault, arson, burglary, sexual assault, or robbery, it is extremely important that you speak to an experienced criminal defense attorney.
Can Sex Offender Registration Status Ever Be Lowered/Removed?
Most people convicted of a sexual crime must register as sex offenders after completing their sentences. The level of sex offense will determine how long the individual will be required to register as a sex offender. Being required to register as a sex offender can have a detrimental impact on an individual’s life.
The requirements for annual registration require an individual to arrive in person and provide proof of current address and employment, along with other detailed information. It can be almost impossible to find employment as a person on the sex offender registry, as well as extremely difficult to obtain housing.
Most people who are required to register as sex offenders would be extremely relieved to be able to have that status lowered or removed entirely. The only way to know whether this is possible is to speak to a knowledgeable Harford County, MD sex crimes attorney.
Can an Overly Tired Driver Be Charged with DUI in Maryland?
Drowsy driving has become one of the primary causes of automobile accidents across the United States. While it is difficult to put a precise number on drowsy-driving crashes, the NHTSA estimates that about 91,000 crashes per year involve drowsy driving. While overly fatigued driving is certainly a problem, it can also result in drivers who have not been drinking alcohol being charged with DUI.
After being awake for 18 hours straight, the effects on reaction time, vigilance, hand-eye coordination, and multi-tasking are comparable to having a BAC of 0.05 percent. After being awake for 20 hours, a driver has the same level of impairment as a person who has a BAC of 0.08 percent (the legal limit in almost every state). So, while drowsy driving can be as dangerous as driving under the influence of alcohol or drugs, it is not illegal to drive while overly fatigued.
Maryland’s Proposed Clean Slate Act to Expunge Certain Charges
A recently proposed bill in Maryland could expunge some criminal records, primarily for misdemeanor charges and possession of cannabis. The Maryland Clean Slate Act would expunge any court records related to cannabis possession issued prior to July 1, 2023, or when at least three years have passed since the sentencing. If it has been at least seven years since misdemeanor sentencing, those charges could also be eligible for expungement.
The bill specifically excludes domestic-related criminal offenses and second-degree assault charges. If passed, the public would be unable to access any references to the cases or electronic court records associated with the cases by mid-2027. Media documents would not be redacted, and hardcopy criminal records would not be destroyed.
Over the past five decades, more than 30 million Americans have been arrested at the state or local level for possession of marijuana. If you are currently facing charges for marijuana possession or you have questions regarding how the Maryland Clean Slate Act could affect your criminal record, it is important that you speak to a knowledgeable Northern Baltimore County drug crimes lawyer.
Legal Defenses to DUI/DWI That Can Change the Outcome
If you are facing DUI or DWI charges in the state of Maryland, you may be (understandably) very anxious about your future and the outcome of your charges. In the state of Maryland, DUI is charged when a person’s blood alcohol concentration (BAC) is 0.08 percent or higher. DWI is a lesser charge that is levied when a person’s BAC is 0.07 percent or higher.
In addition to the many legal penalties you may face (jail, fines, license suspension), there are also collateral consequences associated with a DUI conviction. You could lose the job you currently have – particularly if you drive for a living under a CDL license – and could have difficulty obtaining employment. If you are unable to drive, you could be unable to get to and from your job or school.