Kramon & Graham, P.AKramon & Graham, P.A. 2026-10-19T11:01:54Zhttps://criminaldefense.kramonandgraham.com/feed/atom/WordPress/wp-content/uploads/sites/1504774/2020/08/cropped-site-icon-32x32.pngOn Behalf of Kramon & Graham, P.A.<![CDATA[When can a criminal conviction result in deportation?]]>https://criminaldefense.kramonandgraham.com/?p=495902026-10-19T11:01:54Z2026-10-19T11:01:54ZWhat crimes can cause removal?
Federal immigration law lists several crimes that can lead to removal. These can include aggravated felonies, some crimes involving moral turpitude, drug offenses, firearms offenses and certain domestic violence offenses.
The exact crime matters. Courts look at the law, the facts and the final conviction record. A crime’s name alone does not always control the result.
Why aggravated felony status matters
An aggravated felony can create major immigration problems. It may block relief like asylum or cancellation of removal and can speed up removal in some cases.
Drug convictions can also cause serious problems. In some cases, even a state conviction can lead to federal immigration consequences. A narrow marijuana exception may apply in limited situations.
Why post-conviction relief may help
If the criminal case was handled wrongly, post-conviction relief may help reduce immigration harm. For example, a lawyer may have failed to explain the immigration effects of a plea.
A sentence change does not always remove deportation risk. Courts and immigration officials look at why the conviction changed and what the final record shows.
What to do next
If you are a noncitizen facing criminal charges or already have a conviction, get legal advice as soon as possible. A lawyer who knows both criminal law and immigration law can review the record, explain the risk and help protect your options.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[How can DNA mixtures complicate a criminal case?]]>https://criminaldefense.kramonandgraham.com/?p=495882026-10-08T14:53:33Z2026-10-08T14:53:05ZMultiple contributors make DNA profiles harder to interpret
A sample with DNA from two or more people creates a more complex profile than a sample from one person. For example, material from an object or place could contain DNA from several people. The analyst must then sort through the genetic information to determine which parts could belong to each person.
Unequal DNA contributions can obscure a person's profile
People do not always leave the same amount of DNA in a sample. One person may leave much more than another. The larger amount can make the smaller contribution harder to see and interpret. This matters when the sample contains a major contributor and a minor contributor.
Overlapping genetic information creates interpretation challenges
DNA from different people can overlap in the same sample. That overlap can make it harder to tell which genetic traits belong to which person. The analyst may need to consider several possible combinations when reading the results. The task gets harder when the sample has several contributors or only a small amount of usable material.
A mixed DNA profile does not explain how DNA got there
Finding your DNA in a mixture does not necessarily establish when, how or why you left it there. A result can show that your genetic material appears in a sample without explaining how it reached the location. Those circumstances matter when determining whether the evidence connects you to the alleged crime.
Complex mixtures can make conclusions less certain
A complex mixture calls for a close review of the testing and the conclusions drawn from it. In the District of Columbia, a person charged with a crime of violence can receive information about biological evidence and DNA test results. The person can also ask for independent testing when enough material remains. This gives you another way to examine the evidence.
Examine the evidence beyond the DNA result
When a DNA mixture appears in your case, look beyond whether a report includes your DNA. An attorney can help you review laboratory records, understand how the mixture was interpreted and determine whether additional testing or expert review could address important questions.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[How long do you have to file a criminal appeal in Maryland?]]>https://criminaldefense.kramonandgraham.com/?p=495862026-09-28T18:23:58Z2026-09-28T18:23:58ZWhen does the 30-day appeal deadline start?
For most criminal cases decided in a Maryland circuit court, you must file a notice of appeal within 30 days after the judgment or other appealable order is entered. The deadline runs from the entry of judgment rather than simply from the jury's verdict.
The deadline can change when you file a timely motion for a new trial. In that situation, the appeal period can run from the later disposition of that motion.
What happens if you miss the deadline?
Missing the 30-day filing period may result in dismissal of the appeal. That can prevent you from obtaining appellate review of the circuit court's final judgment. Other forms of post-conviction relief may be available in some circumstances, but they have different eligibility requirements and deadlines.
How do you calculate the 30 days?
For most appeals, the relevant date is when the circuit court records your judgment or other appealable order. Some appeals have different deadlines, including expedited appeals that require shorter filing windows.
You also have a separate deadline for ordering the transcript. You must order the transcript within 10 days after you file the notice of appeal.
What should you do after a Maryland criminal judgment is entered?
The 30-day deadline can pass quickly after a criminal judgment. Maryland appellate deadlines can vary based on the type of case and post-trial motions. You should determine the applicable deadline promptly after judgment. A Maryland criminal defense attorney can review the judgment, identify the applicable appellate procedure and help ensure required filings are made on time.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[Understanding the limitations of DNA evidence]]>https://criminaldefense.kramonandgraham.com/?p=494922026-09-12T18:12:00Z2026-09-12T18:12:00ZWhat DNA evidence can prove
Law enforcement collects DNA samples from the crime scene and sends them to the lab. There, by comparing them with your genetic profile, they attempt to confirm a match. Law enforcement uses an affirmative match as strong circumstantial evidence suggesting you may have been present at the crime scene.
What DNA evidence cannot prove
DNA evidence has limitations in a criminal investigation. For instance, it cannot always say when or how your genetic material got there. Instead of you, someone else could have accidentally or intentionally gotten your genetic material there. Most importantly, even if you were present, the evidence cannot automatically reveal the reason behind your presence there.
How DNA transfers happen
Maryland courts permit forensic experts to testify about how DNA can transfer without a person's physical presence. That is why understanding the different types of transfer is crucial.
Primary transfer: Your DNA is deposited directly onto an object or person, whether through physical touch or leaving behind biological material like hair, saliva, or blood.
Secondary transfer: Someone shakes your hand, then touches a weapon, leaving your DNA on it.
Tertiary transfer: Your DNA moves through multiple people or objects before arriving at the crime scene.
These transfer methods demonstrate why a simple match does not guarantee your guilt.
Why DNA evidence doesn't tell the whole story
DNA evidence is subject to challenge on multiple grounds. Collection errors, laboratory procedures, and the mechanisms of secondary and tertiary transfer can all affect whether a match accurately links a person to a crime scene. A DNA match tells investigators that genetic material was present – it does not tell them how it got there, when it arrived or whether the person was present at all. Understanding those limitations is what makes DNA evidence worth scrutinizing rather than accepting at face value.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[Appeal or post-conviction relief: What is the difference?]]>https://criminaldefense.kramonandgraham.com/?p=494902026-08-31T14:56:10Z2026-08-31T14:56:10ZHow does a direct appeal work?
A direct appeal asks a higher court to review the trial court’s decision for legal errors. The appeals court generally reviews the existing trial record rather than holding a new trial. It may consider issues involving the judge’s rulings, jury instructions or other legal errors that occurred during the case.
In Maryland, a notice of appeal generally must be filed within 30 days after the judgment or other appealable order. Missing the deadline can limit the right to appeal.
What is post-conviction relief?
Post-conviction relief is different from a direct appeal. It is a separate court proceeding that can raise certain constitutional or other legal claims involving a conviction or sentence.
For example, a person may seek relief based on ineffective assistance of counsel or other issues that were not fully addressed during the original case. Some claims may also involve evidence or facts outside the trial record.
A post-conviction proceeding may allow an evidentiary hearing. This can give the court an opportunity to consider facts that could not be developed through the original trial record.
Which option may apply?
A direct appeal and post-conviction relief are not always an either-or choice. In many cases, a direct appeal is the first step, while post-conviction relief may remain available later for claims that could not be raised on appeal. Both options have deadlines, however, and missing one can limit what remains possible.
The claims that can be raised through each option and the time remaining to pursue them are practical starting points for evaluating what challenges may still be available after a Maryland conviction.
]]>0by Kramon & Graham, P.A.<![CDATA[Can an appellate court find that a trial error was harmless?]]>https://criminaldefense.kramonandgraham.com/?p=494892026-08-20T20:55:44Z2026-08-20T20:55:44ZHow does an appellate court decide whether a trial error was harmless?
Not every trial error leads to a reversal. When reviewing an appeal, an appellate court asks whether the mistake affected substantial rights or changed the outcome. Reviewing the trial record helps the court assess the error's actual impact. When the evidence is strong, a court may find the error harmless, meaning it likely did not change the verdict.
Whether harmless error review applies may depend on whether the defense preserved the issue at trial. When no objection was made, a stricter standard governs and the defendant, not the government, bears the burden of showing the error affected the outcome. A harmless error does not make the mistake proper. It means the error did not cause enough harm to justify relief on appeal.
When does a trial error justify reversal?
A person convicted of a crime may have grounds for reversal in several situations:
The verdict was affected: The error may have changed how the jury decided a key issue, making the verdict less reliable.
A central part of the case was affected: Mistakes involving critical evidence or jury instructions carry more weight than minor procedural errors.
A constitutional right was violated: Constitutional errors require the government to prove harmlessness beyond a reasonable doubt, a higher burden that can work in a defendant's favor on appeal.
Trial fairness was undermined: A serious defect that compromised the overall integrity of the proceedings may support reversal.
A direct connection between the error and a likely change in the outcome strengthens the argument that the error was not harmless.
What appellate review can reveal
Reviewing the trial record against the applicable legal standard can reveal whether an error crossed the threshold from harmless to reversible. When a mistake may have changed the outcome, experienced criminal appellate counsel can assess whether the defense has grounds to challenge the conviction.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[What is trace DNA and how can it challenge criminal convictions?]]>https://criminaldefense.kramonandgraham.com/?p=494882026-08-12T18:42:59Z2026-08-12T17:21:28ZTrace DNA does not always prove direct involvement
A DNA profile from a weapon, piece of clothing or other item may sound powerful to a jury. But trace DNA can transfer through indirect contact, shared surfaces or contamination during collection and testing. A person's DNA may appear on an item without it proving that person committed the crime. Mixed or low-level samples can be harder to interpret, especially when DNA mixtures involve more than one person.
How can trace DNA challenge a conviction?
In a post-conviction case, the issue is often not whether DNA was found, but what that result actually proves. A conviction may become vulnerable when later review shows that the sample was too small, mixed with DNA from others or open to secondary transfer. Problems may include:
DNA from more than one person in the sample
Transfer through another object or person
Contamination during collection or testing
Overstated testimony about what the DNA proved
These issues can matter when the prosecution treated the forensic result as direct proof of guilt instead of one limited piece of evidence.
Scientific review can reshape a post-conviction case
A post-conviction challenge may depend on lab records, expert review and how the state presented the science at trial. Cases involving DNA and forensic science issues may require a closer look at mixture analysis, chain of custody and whether newer forensic understanding changes the meaning of the evidence. A criminal defense attorney can help determine whether the conviction rested on science that looked stronger at trial than it does under closer review today.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[3 grounds for a criminal appeal after conviction]]>https://criminaldefense.kramonandgraham.com/?p=494872026-07-31T15:04:23Z2026-07-31T15:04:23ZImproper admission or exclusion of trial evidence
Judges must follow strict rules when deciding what a jury can see during trial. Serious errors happen when judges allow illegal evidence into the courtroom or block key defense evidence that supports your case.
Physical evidence found during an illegal search
Unreliable lab results or flawed scientific testing
Defense evidence that the judge wrongfully refused to show jurors
If these evidentiary mistakes harmed your defense, an appellate court can throw out the conviction. Higher courts will examine whether the improper evidence directly influenced the outcome.
Incorrect jury instructions by the trial judge
Before jurors decide a case, the judge reads them exact rules on how to apply the law. If your lawyer objects to a bad instruction at trial, an appellate court can review that decision.
Higher courts evaluate these instructions by looking at the entire charge given to the jury. When a judge misstates the law or confuses jurors about the burden of proof, the resulting verdict cannot stand.
Prosecutorial misconduct during trial proceedings
State prosecutors must seek justice rather than simply stack up convictions. Misconduct happens when government attorneys hide evidence that helps the defense or make improper statements to jurors.
Hiding favorable evidence violates basic constitutional rights as well as the Maryland rules for attorney discipline and professional conduct. When prosecutors cross these legal boundaries, an appellate court can step in to grant a new trial.
Protect your rights after an unfair verdict
Strict court deadlines apply to appeals, often starting just days after sentencing takes place. A qualified appellate attorney can review trial transcripts, spot legal errors and help you evaluate the next steps for your case.
]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[When can ineffective assistance of counsel lead to a new trial?]]>https://criminaldefense.kramonandgraham.com/?p=494852026-07-15T09:51:37Z2026-07-20T09:49:54ZWhat makes a claim successful?
Not every mistake by a defense attorney is enough to justify a new trial. Courts apply a two-part test established by the U.S. Supreme Court in Strickland v. Washington. You must show that your attorney's performance fell below a reasonable professional standard and that the mistake likely affected the outcome of your case. Poor strategy alone is usually not enough. The focus is on whether the error made your trial unfair. The next question is what types of attorney errors may satisfy that standard.
What types of errors may qualify?
Each case depends on its own facts, but some issues appear more often than others. Common examples include:
Failing to investigate important witnesses
Overlooking evidence that could support your defense
Failing to challenge unreliable forensic or DNA evidence
Giving incorrect advice about a guilty plea
In guilty plea cases, courts also consider the ruling in Hill v. Lockhart. The question is whether you would have chosen to go to trial if you had received competent legal advice.
How are these claims handled in Maryland?
In Maryland, many ineffective assistance claims are raised through the Uniform Post Conviction Procedure Act rather than during a direct appeal. Under Maryland Code, Criminal Procedure Section 7-102, you may seek post-conviction relief if your conviction or sentence violated your constitutional rights. If the court finds there is a reasonable probability that your attorney's errors changed the outcome of your case, it may order a new trial or other appropriate relief.
Determining whether you have a valid claim for ineffective assistance of counsel is complex. If you believe your trial was unfair due to legal errors, gathering your records and reviewing Maryland's post-conviction procedures can provide clarity on your options for seeking a new trial or other relief.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[How your DNA can end up at a crime scene you never visited]]>https://criminaldefense.kramonandgraham.com/?p=494862026-07-16T10:38:32Z2026-07-16T10:38:32ZImagine if one day law enforcement knocks on your door to inform you that they discovered your DNA at a crime scene. The most shocking part? You have never even set foot in that location. Strange as it may sound, many individuals have experienced this and some are currently facing criminal investigations on these grounds across Maryland and Washington D.C. What exactly is happening here and how can prosecutors use science against you?
Transfer of DNA through human contact
Your DNA can move from one surface to another without your knowledge. For example, if you shook someone’s hand earlier in the day, your DNA could transfer to their palm and then to a doorknob or whatever object they touch. Like this, through a chain of human contact, your DNA can travel in ways that are nearly impossible to predict and end up in a crime scene.
Forensic contamination
Forensic teams collect evidence with utmost care. Even then, DNA contamination is a major risk in modern investigations. Improper handling by technicians, contaminated lab equipment and procedural errors can easily deposit your DNA onto a piece of evidence, pulling you into a legal fiasco.
DNA evidence is not infallible
There is a widespread assumption among the public that DNA evidence is infallible. However, based on how easily genetic material transfers, it becomes clear that this is simply not the case. If your DNA has wrongfully tied you to a crime scene, you should start building a strong defense with the help of a legal guide experienced in criminal defense. They can help you review lab protocols, challenge the chain of custody and aim for a fair outcome.]]>0