Kramon & Graham, P.AKramon & Graham, P.A. 2026-07-20T09:49:54Zhttps://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 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.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[Can drug possession lead to deportation in Washington?]]>https://criminaldefense.kramonandgraham.com/?p=494792026-06-19T14:11:30Z2026-06-19T14:11:30ZThe Department of Homeland Security (DHS) is tightening the screws on immigrants who are accused of drug crimes. Even a minor drug offense may trigger deportation. Here is what you need to know.
Who is at risk?
If you are not a U.S. citizen, even a minor drug crime, such as drug possession, can put you on Immigration and Customs Enforcement’s (ICE) radar. The government can deport you for possessing any federally controlled substance, regardless of your current immigration status, including if you are a:
Green card holder (lawful permanent resident)
Non-immigrant visa holder (student, temporary worker, visitor)
Undocumented non-citizen (where drug charges may provide additional legal grounds for removal)
The only exception to this rule, applicable to legal residents, is if the drug in possession was marijuana and it was under 30 grams for personal use.
Can the government deport a U.S. citizen for drug possession?
Generally, the U.S. government cannot deport a U.S.-born citizen because it has no legal authority to strip a native-born individual of their citizenship. However, if you are a naturalized U.S. citizen, you may be at risk, especially if the resulting conviction implies that you concealed a crime before or during the process of naturalization. In severe cases, this may lead to the reversal of your citizenship (denaturalization) and possibly deportation.
Why legal representation matters
ICE is constantly monitoring the local jail bookings and state court dockets. Even a minor drug charge can raise eyebrows and lead to intense scrutiny. That is why facing these allegations without legal guidance could be incredibly dangerous. If you or a loved one is facing minor or major drug accusations, an experienced legal counselor that practices criminal defense is vital to protecting your status and your future. ]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[Can DNA evidence overturn a criminal conviction in Maryland?]]>https://criminaldefense.kramonandgraham.com/?p=494782026-06-16T11:59:06Z2026-06-16T11:59:06ZUnderstanding Maryland’s post-conviction DNA statute
Generally, an individual cannot simply demand a new DNA test. Instead, they must file a formal petition for DNA testing with the court that originally handled the case. The goal of this request is to convince a judge that testing the evidence is a valid step toward proving innocence. To be successful, the petition should demonstrate that:
Physical evidence from the crime still exists and contains biological material that forensic scientists can test.
Investigators either did not test the specific biological material during the original trial, or they can now use a new testing method that was not available at the time.
There is a reasonable probability that the DNA test results will be favorable and could help establish the defendant’s innocence.
The court should believe that the analysis has a real chance of changing outcomes. The process is not about simply reopening the old case, but about introducing powerful new scientific facts.
What if favorable results are received?
A favorable DNA result could exclude the convicted person as the source of the biological material, which can be a monumental step. Still, it does not trigger an automatic release from prison.
Instead, this new evidence becomes the foundation for the next legal battle. An attorney may use that report to file a petition to vacate the conviction or a motion for a new trial. This action demands that the court and the prosecution confront the fact that the forensic data no longer point to the convicted person.
Overturning a conviction is challenging but possible
For families struggling with a wrongful conviction, DNA evidence can offer hope. However, legal hurdles and procedural requirements can make it difficult to use. Proving a loved one’s innocence requires a compelling defense strategy. It is crucial to seek help from professionals, through whom the path to justice can become attainable.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[What to do if you think you’re under investigation]]>https://criminaldefense.kramonandgraham.com/?p=494762026-06-11T10:50:56Z2026-06-11T10:50:56ZFew things rattle you like the sense that law enforcement has started looking into your life. Maybe a coworker mentioned that agents asked questions, or an unexpected letter arrived demanding records. What you do in these early weeks, before prosecutors make any charging decision, can shape the direction of the case.
Watch for early signs of an investigation
Investigations rarely announce themselves in plain terms, but certain signals deserve immediate attention. A grand jury subpoena may demand documents or testimony. Agents may question your coworkers, or officers may arrive with a search warrant. When you recognize those signs early, you can respond with strategy instead of panic.
Find out whether you're a target or a subject
These two labels carry very different consequences. Federal policy treats a target as someone prosecutors believe has substantial evidence against them and may charge later. A subject has conduct that falls within the investigation, but prosecutors may not view that person as a likely defendant yet. Your status can change as investigators gather more facts, so learn where you stand before you answer questions.
Be careful about what you say
You have the right to stay silent, and using that right does not admit guilt. Investigators know how to draw out details, test inconsistencies and use casual remarks in ways you may not expect. A statement that feels harmless in the moment can create problems later. Until you receive legal guidance, declining to discuss the matter usually protects you better than trying to talk your way out of suspicion.
Leave your records exactly as they are
The urge to clean up files or delete old emails can backfire. At the federal level, destroying or altering records to block an inquiry is a separate federal crime that can add years to a sentence, even if the original case falls apart. Maryland and the District of Columbia also have their own obstruction laws. Preserve everything and let your attorney decide what information the situation requires.
Bring in a defense attorney early
Many people wait until prosecutors file charges, but the investigation stage often gives a defense attorney important room to act. An attorney can review subpoenas, communicate with investigators, challenge improper requests and advise you on whether speaking makes sense. Early legal guidance may also help you avoid mistakes that prosecutors could use later.
Why your first moves matter most
An investigation does not equal a conviction, but your first decisions matter. Staying quiet, preserving records and learning your status all protect rights that become critical if the case moves forward. When you suspect that investigators have started asking about you, pause before responding so your next move does not make the situation harder to control.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[Can you refuse a DNA sample request?]]>https://criminaldefense.kramonandgraham.com/?p=494742026-06-03T15:56:19Z2026-06-03T15:56:19ZThe power to refuse a voluntary swabbing
Police cannot force you to give a biological sample simply because you are a suspect. When investigators lack evidence for a warrant, they rely on your consent to get saliva, hair or blood samples. You can legally say no. Refusing to cooperate is never an admission of guilt.
Detectives use high-pressure tactics to make voluntary swabs seem mandatory. You have no obligation to help the state build a case against you. Refusing a sample forces authorities to meet strict legal standards instead of taking shortcuts.
When state law allows compulsory testing
Compulsory testing without consent requires explicit legal authority under Maryland law. Police can only force you to provide a biological sample under two main circumstances:
A signed search warrant: A judge must review the evidence and find probable cause connecting your sample to a specific crime.
A formal booking after arrest: State law mandates collection during booking if police arrest you for a qualifying violent crime or burglary.
Outside of an arrest for these specific offenses or a signed warrant, you maintain total control over your biological data.
The permanent risk of consenting to a search
Giving a voluntary sample carries heavy, long-term risks by granting law enforcement broad access to your genetic profile. Once you give consent, the state keeps your information forever.
Appellate court rulings confirm police can store this data indefinitely and check it against unrelated databases. Investigators could take a sample today for a minor inquiry and use it against you years later in a completely different case.
Protecting constitutional boundaries during an investigation
Facing a biological sample request requires clear knowledge of your rights. If investigators ask for a cheek swab, ask to see a warrant to set an immediate boundary. If they do not have one, state clearly that you refuse to provide a sample without your lawyer present. This step prevents an accidental rights waiver.
Facing a criminal inquiry involves high stakes. Early mistakes can ruin a case. Speak with an experienced criminal defense lawyer before making a decision. Professional legal advice protects your rights and helps you weigh your options before you respond to police demands.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[How can criminal charges affect immigration status?]]>https://criminaldefense.kramonandgraham.com/?p=494712026-05-19T13:55:03Z2026-05-19T13:30:06ZYou can face deportation after a conviction
Federal immigration law handles criminal offenses strictly, and a conviction can completely change your legal standing. Whether you were lawfully admitted or are currently undocumented, certain crimes can get you deported or bar you from entering the country.
The law places heavy emphasis on "aggravated felonies," which carry the most severe consequences and can instantly disqualify you from future immigration benefits. Common examples of these offenses include:
Perjury, bribing a witness or obstruction of justice
This is only a partial list, and even some offenses that do not result in a formal conviction can still impact your case. Knowing how a criminal charge will be treated under immigration law allows you to build a strong defense.
Understand your legal options when facing a criminal charge
When your immigration status is on the line, staying informed about your rights is a powerful asset. While criminal charges do not mean automatic deportation, they do require a careful, strategic approach. By understanding the potential immigration consequences of a plea or a trial, you may protect the life you built in the country.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[What happens after a D.C. court grants post-conviction relief?]]>https://criminaldefense.kramonandgraham.com/?p=494682026-05-12T08:51:51Z2026-05-12T08:51:51ZWhen the court orders a new trial
If the court sets aside your conviction or grants a new trial, the original charges may remain active unless the prosecution decides dismissal is appropriate. In many adult felony and serious misdemeanor cases, the United States Attorney’s Office for the District of Columbia must decide whether to continue with the prosecution.
Before deciding whether to move forward, prosecutors commonly weigh practical and legal considerations, including:
The availability of key witnesses
The strength of the remaining evidence
The legal reason the conviction was set aside
The amount of time you have already served
If the prosecution moves forward, your case may return to active litigation. If it does not, the prosecution may seek dismissal of the charges.
When the court orders resentencing
In some cases, the court grants relief because the sentence, rather than the conviction, had a serious legal problem. This may happen if the punishment exceeded the lawful maximum, violated constitutional protections or relied on another significant legal defect.
At a resentencing hearing, the judge may review the history of the matter, the original punishment and any relevant developments before deciding whether to reduce the term, correct the earlier sentence or modify supervision conditions.
What you should review after the ruling
After a favorable ruling, you should carefully review the court’s order. You should also confirm whether the prosecution plans to appeal. Under D.C. law, either side may appeal an order granting or denying relief to the D.C. Court of Appeals. If an appeal follows, it may delay a new trial, resentencing or release.
If the conviction is vacated and the case is dismissed, your public record may still need separate attention. Depending on the outcome, you may need to explore sealing or expungement options under D.C. law.
Understanding the next phase
The granting of post-conviction relief effectively resets the legal standing of your conviction or sentence. While a ruling is a major victory, appeals, retrials and resentencing hearings can take months. Understanding the scope of your order can help you prepare for what comes next.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[Can a biased juror be grounds for an appeal?]]>https://criminaldefense.kramonandgraham.com/?p=494552026-04-29T07:45:26Z2026-04-29T07:45:26ZCan a biased juror affect the fairness of a criminal trial?
A biased juror can completely undermine the fairness of a trial. The Sixth Amendment guarantees the right to an impartial jury. When even one juror brings prejudice into the deliberation room, that constitutional protection may be violated.
A biased juror may ignore facts, disregard reasonable doubt or persuade other jurors based on personal prejudices rather than testimony. This corruption of the deliberation process can lead to wrongful convictions.
What makes a juror biased?
A juror becomes biased when that individual cannot evaluate a case fairly due to preconceived opinions or undisclosed connections. Bias can take many forms, including:
A personal relationship with the victim, witnesses or law enforcement officers
A prejudice based on race, religion or the nature of the alleged crime
Prior knowledge about the case that was not disclosed during jury selection
A personal experience that could affect their judgment on the charges
During jury selection, legal counsel questions potential jurors through a process called voir dire. This process aims to identify individuals who cannot remain neutral. When jurors conceal information, it violates their duty to provide honest answers. This dishonesty can impact the entire trial.
When does juror bias become a valid issue for appeal?
Juror bias becomes grounds for appeal when it can be proven to have violated the defendant's right to an impartial jury. Under Maryland law, a defendant must show that the juror’s partiality resulted in actual bias. In such cases, Maryland courts assess the issue under a two-part test:
The juror failed to answer honestly during voir dire
A correct response would have provided a valid basis for removing that juror for cause
If you intend to appeal based on juror bias, you must point to specific parts of the jury selection process that show the inaccuracy and its legal impact.
Appealing a wrongful conviction due to juror bias
If you believe a biased juror sat on your jury, you will need substantial evidence to support your appeal. This might include social media posts, public records or affidavits that reveal the juror's prejudice. In such cases, individuals may benefit from legal counsel who can help gather and prepare this documentation for the appellate court.]]>0On Behalf of Kramon & Graham, P.A.<![CDATA[Identifying the evidence needed to reopen a closed case]]>https://criminaldefense.kramonandgraham.com/?p=494532026-04-23T11:09:08Z2026-04-23T11:07:42ZIdentifying the evidence needed to reopen a closed case
A conviction often feels like the final word in a legal battle. However, the law provides a narrow opening for cases to be revisited when significant facts come to light. Legal teams use this newly discovered evidence to reopen a case, but the information must meet specific legal standards. The court must find that the original verdict deserves a second look.
The evidence must be truly new
To qualify for a legal challenge, the information cannot simply be a detail that the defense team forgot to mention. The evidence must be information that even the most diligent lawyers could not have found before the trial ended.
This often includes modern forensic breakthroughs. For example, DNA testing methods available today are far more advanced than those used even ten years ago. If these new methods can analyze old samples and produce different results, the court may consider that a valid reason to reopen the case.
Facts must be strong enough to impact the verdict
Courts do not reopen cases for minor disagreements or small factual errors. The new evidence must be “material,” which means it is powerful enough to create a substantial possibility that the jury would have reached a different conclusion.
This might involve a witness who was previously unknown coming forward with an alibi. It could also include evidence the police or prosecutors possessed but failed to share with the defense team.
Why the legal foundation matters
While some legal windows are short, claims based on new evidence often have more flexibility. Families can play a vital role by serving as the keepers of the case history. Maintaining organized copies of trial transcripts, police reports and witness lists ensures that the legal foundation is ready if a new fact emerges years later.
Securing the path to relief
Because the rules governing what is considered material or new are so specific, going through these legal hurdles often requires professional guidance. Legal oversight keeps the case on track and prevents dismissal based on technical errors.]]>0