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When Hearsay Is Allowed: Exceptions in Maryland Trials

 Posted on August 26, 2025 in Criminal Defense

Blog ImageAnyone who watches crime television shows or movies has probably heard the term "hearsay." In a criminal trial, hearsay is typically used in the context of a lawyer objecting to a witness repeating something he or she did not see or hear firsthand. Hearsay is usually considered inadmissible because it cannot be regarded as reliable evidence.

However, like most rules of evidence, there are exceptions. Under certain circumstances, hearsay can be admitted and may even play a significant role in the outcome of a case. If you are facing criminal charges, it can be helpful to understand when hearsay is allowed. Having a highly experienced Northern Baltimore County, MD criminal defense lawyer can help ensure that your rights are protected and that you achieve the best possible outcome.

What is Hearsay?

Maryland Rules of Evidence 5-801, regarding hearsay, was updated in 2020, under HB 449.  Rule 5-801 and 802 define hearsay as an "out-of-court statement" offered to prove the truth of the matter asserted; however, the statement was made by someone who is not testifying. These statements are usually prohibited because the original speaker cannot be cross-examined, and the veracity of the statement cannot be challenged. Courts prohibit hearsay to ensure reliability and due process during a trial. Prohibiting hearsay ensures that:

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Can You Be Charged for Deleted Child Pornography Files?

 Posted on August 08, 2025 in Sex Crimes

MD defense lawyerPossession of child pornography in the state of Maryland is a serious felony. But what if the files in question were deleted? Perhaps they were yours, or maybe someone else using your computer downloaded the files. In either case, you may believe that erasing the content from your computer also erases any future criminal liability, but this is not always true.

With today’s high-tech forensics, law enforcement can often recover deleted files or trace remnants of illegal content, even if you believed they were inaccessible. It is important that you consult with a knowledgeable Harford County, MD, criminal defense lawyer who can explain the charges and the defenses that may be available in your case. Sex crimes cases, especially those involving electronics, can be extremely complex, and the stakes could not be higher.

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The Day After DUI: Can You Be Charged with DUI the Next Day?

 Posted on July 24, 2025 in DUI / DWI

MD defense lawyerMost of us think of a DUI arrest as being pulled over while driving, given sobriety tests, and arrested for driving under the influence. In the state of Maryland, however, you can face DUI charges without an actual traffic stop. This could be the result of a delayed investigation, a "concerned" witness, or a crash report, but the police could potentially pursue DUI charges after the fact, even the next day.

This hardly seems legally possible, but if the prosecution can prove impairment without the benefit of a traffic stop, there is a very real possibility of being charged with DUI hours after you were actually driving. If you find yourself charged with DUI the next day, you are facing what is known as a "retroactive investigation." You need an experienced, aggressive Harford County, MD DUI lawyer to build a strong defense on your behalf.

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Maryland Efforts to Reduce Gun Violence Through Data Tracking

 Posted on July 08, 2025 in Weapons Crimes

MD defense lawyerA detailed plan was shared by the Maryland Department of Health on June 26th that would reduce gun violence across the state by tracking firearm data. The data were gathered over a five-year period, from 2019 to 2023. The five-year homicide rate in the state between 2019 and 2023 was 9.2 per 100,000 people, making it the 10th highest rate in the U.S.

The three-part plan is a public health approach to prevent gun violence that involves supporting both perpetrators and survivors in mental and physical health, responding to acts of violence, and preventing those acts of violence.  A firearm dashboard was created by the State Department of Health, along with a detailed plan, as a means of tracking data on those injured or killed by gun violence in the state. The goal in collecting this data is to help teams identify and implement improvements to gun laws.

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Fires and Felonies: How Arson Is Prosecuted in Maryland

 Posted on June 27, 2025 in Criminal Defense

MD defense lawyerIt is being reported that an apparent neighborhood dispute led to a man breaking into an Anne Arundel County detective’s house and setting it on fire in April. The man is now charged with arson, malicious burning, home invasion, and destruction of property.  The man accused of arson had previously attempted to sue the homeowner for defamation, but the lawsuit was dismissed.

The two men had a history of conflict in the neighborhood. Arson is one of the most serious property crimes in Maryland, often prosecuted as a felony, with long prison sentences. Arson in the state is divided into degrees based on the type of property damaged, the intent, and whether lives were endangered.

If you are facing arson charges, it is crucial that you have an experienced Harford County, MD, criminal defense lawyer. Having an attorney who will create a comprehensive defense on your behalf and who fully understands the immediate and long-term consequences of a felony conviction is essential.  

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Can You Get a Prescription Drug DUI in Maryland?

 Posted on June 11, 2025 in DUI / DWI

MD defense lawyerWhile 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.  

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Mistake of Fact vs. Mistake of Law for Criminal Charges?

 Posted on May 23, 2025 in Criminal Defense

MD defense lawyerA 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.  

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Is Assaulting a Police Officer a Felony Offense?

 Posted on May 08, 2025 in Violent Crimes

MD defense lawyerAs 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.

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Are White-Collar Crimes in Maryland Becoming More Common?

 Posted on April 28, 2025 in Criminal Defense

MD defense lawyerA 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.   

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Defending Against Rape Charges in Maryland

 Posted on April 07, 2025 in Sex Crimes

MD defense lawyerA 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.

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