How Does the State Prove Fourth Degree Burglary in Maryland?
How the State proves Fourth Degree Burglary in Maryland has much to do with the differences between Fourth Degree and the elements of the other forms of the offense. Seasoned Baltimore criminal attorneys well know Burglary offenses are divided into four degrees, with each level varying in severity, intent, and circumstances. Fourth-degree burglary is the... Read more »
What is Third Degree Burglary Under Maryland Law?
What is Third Degree Burglary Under Maryland Law? In A Baltimore criminal case, the key differences between 2nd-degree and 3rd-degree burglary may well relate to the intent, the type of property involved, and the actions taken during the burglary. Both crimes fall under Maryland’s burglary statutes (§6-202 and §6-203 of the Maryland Criminal Code), and... Read more »
Second Degree Burglary Under Maryland Law
Second Degree Burglary in Baltimore: Why is this offense charged? This crime is premised on unlawfully breaking and entering into specific types of structures with the intent to commit certain crimes. So, What is Second Degree Burglary in Maryland? A person is guilty of second-degree burglary if they break and enter into the following structures... Read more »
Can I Prevent Someone from Testifying Against Me?
This question comes up frequently in connection with those charged with the commission of a crime. The subject can be complex, and clarity and specificity are vital in understanding the rules. It is a crime under Maryland Law to harm another or threaten to harm another with the intent to: As Attorney Eric T. Kirk will... Read more »
Is it Possible to Stop Someone from Testifying Against Me? Volume II
This article addresses specific privileges that exist in Maryland’s evidence code that allow the holder to keep others from divulging confidential matters in open court. These rules do not allow one to keep a witness from walking into a courtroom, nor do they allow a method to prevent a witness from answering all questions posed.... Read more »
Citation for Negligent/Reckless Driving After Baltimore Car Accident
Citation for Negligent/Reckless Driving Causing Baltimore Car Accident? The mere fact that an at fault driver is issued a Citation for Negligent/Reckless Driving Causing Baltimore Car Accident is generally not admissible in a subsequent personal injury claim. This is a rule of evidence known to experienced Baltimore Personal Injury Attorneys. But, it can depend on... Read more »
Top Five Common Mistakes To Avoid If Facing Criminal Charges.
In my line of work, I tend to see some things on a recurring basis. These are actions that an accused person, a defendant in a Maryland criminal case, either takes, or fails to take, that can and do have a disagreeable effect on the outcome of their defense. These mistakes can also hamstring the... Read more »
What Is The Difference Between Possession Of CDS And Possession Of CDS With The Intent To Distribute?
There is no “bright line” rule on the difference between Possession and Possession with intent. The inquiry, and the result, depend on an analysis of factors. The relevant criteria are the amounts involved and the coterminous presence of other “tools” of the narcotics trade. Both crimes involve having, being near, or otherwise being in control... Read more »
What Is A Controlled Dangerous Substance, or CDS, In Maryland?
The substances commonly referred to as “drugs” are defined and formally referred to under Maryland law as controlled dangerous substances. The common acronym used in legal proceedings, charging papers, court documents, and even at trial is “CDS”. Some materials are deemed contraband under the law. There is no legal purpose justifying the possession of such... Read more »
Is Marijuana Legal In Maryland? The Possession Of Less Than 10 Grams/ “Personal Use” Exception
The possession of fewer than 10 grams of marijuana is considered a civil offense under Maryland law. If the police believe someone is in possession of fewer than 10 grams of marijuana, they are instructed to issue a citation, rather than treat the matter as a criminal offense. An individual over 21 receiving the citation may... Read more »
What is Considered Drug Paraphernalia In Baltimore, MD?
Maryland law punishes the use, the possession with intent to use [except paraphernalia connected with marijuana], unauthorized delivery or sale, or advertisement of drug paraphernalia A first offense is subject to a maximum $500 fine, with jail possible for subsequent offenses. The uses, or intended uses, that are subject to criminal prosecution are defined by statute... Read more »
Is A Drug Charge More Serious if Fentanyl is Found?
As Attorney Eric T. Kirk will tell you. Fentanyl is an extraordinarily potent narcotic. “Pharmaceutical fentanyl is a synthetic opioid pain reliever, approved for treating severe pain, typically advanced cancer pain. It is 50 to 100 times more potent than morphine. It is prescribed in the form of transdermal patches or lozenges and can be diverted... Read more »
