Defendants in federal prosecutions have the right to counsel under the Sixth Amendment. That privilege includes the right to effective assistance of counsel. If your lawyer did not advise you properly or made legal mistakes during your trial resulting in a negative...
The use of DNA in criminal cases may make an important difference when it comes to establishing whether someone is guilty or not of committing a crime. Since law enforcement can gather DNA from just about anything from saliva to skin cells, police may look for DNA...
When dealing with police, it is always important to understand your rights. This includes your rights when they come to your doorstep. Many people feel like they must do as police say even on their own property, but is that the case? When police show up, you need to...
After a conviction, it may seem as if the only option remaining is to serve the sentence that the judge orders. However, the judge's orders are not always the final word in the case. The American Bar Association explains that the law allows the defendant to challenge...
Last time, we saw how juvenile delinquency cases are heard in Montgomery County, with a look back at the unique history here. Today, I examine how these judges have extraordinary discretion to essentially make or break the lives of juveniles in the county. Before...
If facing criminal charges and you learned the authorities have an eyewitness, your heart likely sank. Judges and juries have long placed significant weight on the testimony of people who witnessed alleged crimes. However, many factors may affect the reliability of...
When I was assigned to the juvenile rotation in 2013, a fellow judge in Baltimore City told me that this would be the most important work I would do as a judge. I believed her then and I found it to be true. Juveniles can be put on a better path so they do not...
DNA plays a huge role in the modern court system when determining guilt or innocence. It also may be used in appeals or when cracking “cold cases” that investigators could not solve in the past. Experts sometimes refer to “trace” DNA as “touch” DNA. According to...
In some instances, imprisonment may not be the best way of managing people who use illicit drugs or obtain them by illegal means. Treatment for drug abuse may be a better solution. Drug courts are now in operation in every state in the union as well as the District...
In Ford v. State, the Court of Special Appeals held that the trial court committed reversable error in refusing to propound Appellant’s proposed voir dire questions regarding the presumption of innocence, proof beyond a reasonable doubt, and his Fifth Amendment right...