Is It Criminal to Alter A Serial Number in Baltimore MD? There may be a variety of reasons to alter the identifying information on a product.

Having said that, it is difficult to conceive of a valid, lawful reason to do so. The consequences surprise. Many might not be aware, but one faces 18 months in jail for altering serial numbers on products. Now, any good criminal defense attorney Attorney Eric T. Kirk in Baltimore MD knows that there also must be an accompanying criminal intent that the product not be identified. Selling products with removed or altered serial numbers carries the same penalty.[Code, Criminal Law Article, 6-306]. Being charged with a crime is a life-altering experience. The Baltimore city criminal justice process is invariably long, frustrating and anxiety provoking. If you find yourself in the unenviable position of answering the question,  “Is It Criminal to Alter A Serial Number in Baltimore MD?” feel free to contact me.

This notion comes up frequently during the course of consultations with prospective clients that have been charged with a crime. As a technical matter, no one ever has to prove they are innocent. Everyone who has attended a 3rd-grade level civics course knows of the time-honored, constitutional mandate: “presumed innocent until proven guilty”. The prosecuting authority, in Baltimore, the office if the State’s Attorney, of course, has the duty and obligation to prove guilt beyond a reasonable doubt in every criminal case. If they cannot meet that standard of proof, the defendant must be acquitted. As Attorney Eric T. Kirk will tell you.

Without question, any individual who has not committed the offense with which they are charged should absolutely produce all photographic, documentary, alibi or scientific evidence that would tend to exonerate them immediately to the prosecutor or police, even before charges are filed.  Any good criminal defense attorney will throw his or her efforts wholeheartedly into that process.

Unfortunately, in most cases that level of exculpatory evidence simply doesn’t exist.

Again, as a precise, technical matter, it is not, under our system of criminal justice, and never will be, a question of whether or not someone can prove they are innocent. Rather, the only question is whether the State can prove that they are guilty. As a less esoteric, semantic, and more practical matter, however, the notion of proving innocence presents a fundamental problem.

Perhaps the most well-known example of proving innocence is found on TV in shows like Perry Mason or Matlock where it’s dramatically revealed at the conclusion of the show that another person was the real perpetrator of the crime. It should be immediately apparent that since the best-known example of something occurs in a fictional world, it doesn’t happen in real life- at least not very often. In our Perry Mason¹ scenario, the wrongfully accused innocent person has indeed proven their innocence. The essential problem with proving one’s innocence, conceptually and pragmatically, is it is often difficult or impossible to prove a negative or to prove, conclusively, something did not happen. Reduced to its most basic, I think that wrestling with that fundamental impossibility is at the core of the challenges presented by the question “how do I prove my innocence?” There may simply be no proof an act did not occur or that a particular individual was not the cause of a particular event.

A key role of a criminal defense attorney, of course, is to understand what the State must prove to obtain a conviction and to identify weaknesses in the State’s proof.

Certainly, the law provides certain defenses by which an accused individual can defeat the State’s case. One example would be an alibi defense where someone admits that a crime happened but they can demonstrate satisfactorily that they could not have committed the crime because they were somewhere else. But, even here, the defendant does technically not have to prove they were somewhere else. Rather, if they can offer enough credible evidence on this score, a reasonable doubt in the mind of jurors might be created, to the extent that the State cannot meet its burden of proof. To be sure, the law does provide some affirmative defenses where a defendant actually has to prove the elements of the defense. Perhaps the classic example of “self-defense”. Here, the defendant indeed has the obligation to show that they were not an initial aggressor, that the reasonably feared for their bodily safety, and that they responded proportionally to the threat or force used against them. While defenses are not rare in an objective sense, they are probably not utilized, or indeed available, in many common criminal cases.

The most common, everyday scenario in my experience is one in which the State has the obligation to prove that someone committed an offense. They need to establish:

• the identity of the perpetrator
• that perpetrator committed an act constituting each element of the offense charged
• and was acting with the requisite intent.

If the State cannot demonstrate one of those- the case has failed. From this perspective, it is never a situation of whether or not a defendant can prove they are innocent, but rather can they successfully argue the State failed to prove they are guilty. The vital function of a criminal defense attorney, of course, is to understand what the State must prove how to obtain a conviction and to identify weaknesses in the State’s proof.

¹  The reference might be a bit dated.  https://www.nytimes.com/1993/09/14/obituaries/raymond-burr-actor-76-dies-played-perry-mason-and-ironside/

I extend a no-cost, no-obligation case analysis and personal, confidential conference and strategy session to all prospective clients. If you have been accused of a crime, it is vital that you act quickly to safeguard your freedom. Contact me today. 410 591 2835, or simply complete the online form at the bottom of the page.

It goes without saying the of providing false information in virtually any setting has ramifications. As Attorney Eric T. Kirk will tell you. Providing false or misleading information on loan, credit or life insurance applications, or in connection with sale of property, can have civil repercussions, and may form the basis of a fraud claim. Certainly, providing false information to the government  generally opens one up to criminal sanctions. Maryland substantive law prohibits giving false or misleading information law enforcement officers in  three settings.

The most serious of the potential charges is found in the more general identity fraud statute, section 8-301 of the Criminal Law Article, and titled: Assuming identity of another. This section provides:

“A person may not knowingly and willfully assume the identity of another to avoid identification, apprehension, or prosecution for a crime”

This crime is a misdemeanor, punishable by 18 months incarceration and/or a fine not exceeding $5,000.

Section 9-502 of the Criminal Law Article punishes conduct of an arrestee, and prohibits

” [K]nowingly, and with intent to deceive, make a false statement to a law enforcement officer concerning the person’s identity, address, or date of birth ”

Also a misdemeanor, this crime carries the lessened punishment of 6 months and or a $500 fine.

Finally, section 9-501 of the Criminal Law Article prohibits the making of:

•  a statement
• report, or
• complaint

that is materially false, where that person intends

” to deceive and to cause an investigation or other action to be taken as a result of the statement, report, or complaint ”

A violation of this section is also a misdemeanor, this crime carries the lessened punishment of 6 months and or a $500 fine.

If the state has brought charges against you: contact me. The most important thing you can do at this point is to act quickly, and effectively, to protect your interests.

It’s fairly common for me to take calls from the friends or family members of an incarcerated individual, asking for a ” quote ” or a price upon which I Attorney Eric T. Kirk can handle the case. While every criminal case is unique, I typically do my best – based upon the information provided – to give the caller and idea of what effective criminal representation may cost.

Perhaps most time-honored method to hire a criminal defense lawyer is at an agreed upon flat rate.

It comes as a surprise to no one that retaining counsel or ” lawyering up ” is not an inexpensive proposition. When one is considering retaining a lawyer in a civil action, the stakes are typically monetary in nature. Most civil claims involve an individual seeking redress for an alleged wrong: compensation for an injury, damages for breach of contract, and the like.

Undoubtedly, many civil cases involve the most serious of allegations and the most grievous of injuries, but the ultimate outcome in a civil action is that someone recovers money – or they do not. For an individual facing criminal charges, the stakes are far different. An individual’s livelihood, reputation, future and indeed their very freedom may be on the line. In this context, it rarely, if ever makes sense to not hire counsel -no matter what the cost involved. Lawyers in Maryland typically handle criminal cases on one of two platforms. The first would be an hourly arrangement where the individual lawyer is compensated for their time actually spent on the case at an agreed upon rate. Perhaps the more common fee arrangement in a criminal case is that of a flat fee. Here, the lawyer and the client agree upon a specified amount for the entirety of a given case as a fee. Such arrangements might be limited so that for example, appeals are not included in the agreed-upon package of services. The availability of credit card payments or periodic payment plans give some individuals the flexibility required to retain counsel at the direst of times.

It is often impossible during a phone call – without the paperwork and charging documents connected with the case – to give a fully informed intelligent fee opinion. The preferred method is to review the statement of probable cause, indictment, or other charging documents in the case.

This process enables the reviewing attorney to assess the strengths and weaknesses of the State’s case, the evidence they possess, the witnesses that will testify, and any legal issues, including legal defenses, that might be applicable to this singular situation. It should be noted that lawyers are prohibited from handling criminal cases on a contingency fee basis. These arrangements are commonly utilized in personal injury and workers compensation matters. The features of these arrangements are no ” upfront money ” from the client, the lawyer works for free, and   is only paid upon a successful resolution of the claim. These arrangements are not available in criminal matters.

Quite obviously, any criminal conviction can have lifelong and lasting implications. It goes without  saying that possessing a criminal record can have a devastating impact on the educational or employment prospects of an individual.

A theft conviction is one of those blemishes on a record that can simply haunt an individual for the rest of their life.

As attorney Eric T. Kirk will tell you, under Maryland law, there is a hierarchy of criminal offenses starting with municipal or local offenses and potentially county level offenses. The next level, Maryland state level offenses, the most common form of criminal charge in Maryland, are graded from misdemeanors through felonies.

Within those various gradations of offenses, there are some crimes that simply carry a stigma or a lasting label for those charged with and convicted of the offense, beyond that associated with merely “having a record”. Certainly, there are the most serious of all crimes involving  death or serious harm to another person- things like murder or manslaughter. However, within the category of crimes that are perhaps seen as less significant- those involving property rights or property laws- theft stands out as being a crime than has true lasting consequences, in my experience. Theft, by its very nature, incorporates concepts of dishonesty, and surreptitious, sneaking conduct or a concealment of wrong doing.

Once the judgment of conviction is entered, it is impossible to put back in the euphemistic bag. By way of example, a history of theft maybe a reason to have one’s testimony disbelieved in court. That may or may not be of particular import to one so convicted. Other consequences most certainly will be.

Upon becoming a convicted thief, the individual will find their application or consideration for position of trust declined.

Obviously, this type of record  can be impossible to explain away in a job interview. Some criminal offenses, even very serious ones like DUI, may be easier for a potential employer to overlook than a theft conviction.

An experienced criminal defense attorney can assist you in laying the groundwork for a potential disposition short of, or in lieu of, a conviction. Early negotiations with the prosecution could potentially lead to an arrangement, satisfactory to the State of Maryland, that doesn’t result in a lasting criminal record. I’ve observed over the years that many judges view theft as a very serious offense, even when the amounts involved are relatively small. This is particularly true, in my opinion, in cases of alleged employee theft. A thoroughly researched and prepared defense strategy can convince a judge that a disposition of the case -short of conviction- is the most appropriate outcome.

What are the “Next Steps” after a Baltimore Drug Possession Charge? The advice does not vary, although the specific type of crime charged here can make a significant difference not only in potential sentences but also in methods strategies and defenses involved in a drug case. As attorney Eric T. Kirk will tell you, under Maryland law there are essentially three categories of  the most commonly charged  drug offenses:

• a charge against a defendant who is alleged to have drugs

• a charge involving a defendant who is believed to be distributing or selling drugs to others

•  a charge alleging a defendant is believed to be manufacturing illicit substances

What is sometimes referred to as the “simple possession” of a controlled dangerous substance is the lowest in rank of these charges. In other words, the penalties involved are less severe. Moreover, the degree of culpability of one who merely has contraband for their own use-as opposed to one who is accused of distributing the illicit substances to many individuals- is viewed as being lesser. If your charge involves the simple possession of a drug involves and originates in Baltimore City, Maryland the answer to the questions posed in the title might be you shouldn’t have to do anything. The State’s Attorney for Baltimore City, Marilyn Mosby has recently indicated her office will not be prosecuting such crimes.

If your CDS possession charge originates in another jurisdiction -do not expect the same result.

Many possession cases hinge on whether or not the State is able to admit the controlled dangerous substance into evidence. While there are a variety of defenses that can preclude the State from doing so, a commonly raised defense is whether or not the police had the authority to search the person, place or things where the contraband was found. If the police activity that led to the discovery of the narcotics is determined to be unlawful, the State will not be able to admit the contraband into evidence, and without evidence, cannot obtain a conviction.  It is therefore important, and often vital, that you run the facts and circumstances of your CDS related search and seizure by an experienced criminal defense attorney who can scour those facts for a potential 4th amendment violation.

If you are charged with possessing and control dangerous substance and alleged to have had that contraband for what is sometimes called personal use -as opposed to confronting an allegation that you manufactured and or dispensed contraband to a multitude of individuals- your options might be different as well. If you are routinely ingesting narcotics, a legitimate question might be whether or not you have a problem that you are unable to control. Anyone with a problem they are unable to control should consider the possibility of being evaluated for, and potentially treated for, a disorder from which they might recover. Proactively seeking evaluation and treatment potentially for a legitimate substance abuse disorder might be the type of factor that has the twin benefit of improving the quality of life of the afflicted person, and creating a favorable impression upon a sentencing court.

Under Maryland law, which necessarily includes the rights guaranteed by the U.S. Constitution, a defendant charged with a crime enjoys two distinct  “speedy trial” rights. One is based on the 6th Amendment which provides:

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial….”

The other is found in the Maryland Code, and is commonly referred to the as the “Hicks” rule. The Constitutional right to a speedy trial is the focus of this article.

Attorney Eric T. Kirk says the U.S. Supreme Court has ruled that, whether an accused’s constitutional right to a speedy trial has been abridged must be determined on a case by case basis, and decided based on a consideration of four factors:

• length of delay
• reason for the delay
• the defendant’s assertion of his right, and
• prejudice to the defendant

–Barker v. Wingo, 407 U.S. 514 (1972)

So, there must have been some level of delay, or there would be no “speedy trial” analysis to begin. There is no set time frame, however, under this constitutional analysis. While the absence of prejudice to the defendant is not dispositive, under current law, and all factors are to be weighed, the inability to show prejudice from the delay can derail many speedy trial claims. It is possible that an extremely long delay can create a presumption of prejudice.  Doggett v. United States, 505 U.S. 647 (1992) (8 1/2 years). On the surface, it would make some degree of sense that a person being detained pretrial, and waiting trial, most certainly wants to be brought to trial as quickly as possible. That might not always be true. In fact, the U.S. Supreme Court has noted “the inability of courts to provide a prompt trial has contributed to a large backlog of cases in urban courts which, among other things, enables defendants to negotiate more effectively for pleas of guilty to lesser offenses and otherwise manipulate the system.”  Wingo, supra. A defendant leveraging the State’s inability to quickly try cases, in their favor, is one example of someone who might not necessarily want to be brought to trial promptly.

Indeed,  the speedy trial right in the U.S. Constitution has some counterintuitive aspects. On the one hand, the idea that a person would be held for years by a lazy or disinterested government until they are brought to trial offends concepts of justice and fundamental fair dealing. Anyone would agree that person’s “rights” have been violated.  The Amendment, however, deals with more than just the rights of an individual. The Supreme Court has noted that the people, generally, also have a strong interest in having cases brought promptly to trial. If cases are not quickly tried, the Wingo court noted that society also suffers a multitude of potential harms, including:

• “a large backlog of cases in urban courts” is likely
• “persons released on bond for lengthy periods awaiting trial have an opportunity to commit other crimes.”
• “the longer an accused is free awaiting trial, the more tempting becomes his opportunity to jump bail and escape. “
• “delay between arrest and punishment may have a detrimental effect on rehabilitation.”
• “rehabilitation of the individual offender [becomes] much more difficult.”
• “the result may even be violent rioting.”
• “lengthy pretrial detention is costly. “

It perhaps goes without saying that anyone charged with a Maryland crime wants the matter to be done, resolved and finished as quickly as possible. It may be that in specific applications, a defendant perceives that delay, and perhaps lengthy delay, actually gives them a tactical or strategic advantage over the prosecution. That may be situationally true, however, I Attorney Eric T. Kirk would guess that it in the typical Maryland criminal case, the person charged, the accused, wants the matter to be over with and behind them, and to move on.

Three related considerations are involved in the answer:

Is it a Circuit Court or District Court Case?

In What County, or City, is the Case Scheduled?

The Role of Covid-19.

Is it a Circuit Court or District Court Case?

Maryland has two different but related court systems. District Court, which typically handles less serious and/or misdemeanor cases, and Circuit Court where the more serious allegations and  felony criminal cases are heard. As a general rule, District Court cases are resolved on a shorter time track than Circuit Court cases. There was a time that most District Court criminal matters in Maryland were resolved in a matter of months. For the last 15 months, that has not necessarily been the case.

In What County, or City, is the Case Scheduled?

To add a further wrinkle to the already murky logistical outlook, Maryland, as any state, contains jurisdictions that vary greatly in population. Courts in rural jurisdictions, e.g. in the western part of the state or the eastern part of the state, simply do not have the number of cases that courts in the major metropolitan areas do. Hence the dockets in those latter jurisdictions are much more congested.

Every Baltimore criminal defense lawyer dealing with a criminal case knows this is never fun for anyone. It goes without saying being the defendant being accused of a Baltimore criminal offense is far less fun. No matter the verdict, innocent or guilty, you may want to avoid jail time at all costs. It there anything that can stem the tide? It is very frightening to put your future and freedom into the hands of complete strangers. Does Pre-Sentence Report Positively Impact Baltimore Criminal Case? While laws vary state to state, there are certain systems in place that open the door into your life and allow you to show yourself, or the best version of yourself to the judge and jury. Not all Baltimore criminal prosecutions are the same. Not all are won and lost at trial. As posited, a favorable pre-sentence can make the difference before serious prison time, jail time, or simple fines and probation.

Baltimore Criminal Defense Considerations

Does Pre-Sentence Report Positively Impact Baltimore Criminal Case? Yes. This is the opportunity granted by the judge that allows you to convince the deciding parties that despite the charges put up against you, you are undeserving of the maximum sentence. Probation officers are usually in charge of the interview and this is where you would bring as much character building documentation that you can. This includes:

A copy of your criminal history. This is good if you are a first offender. It shows the court that you are not a habitual lawbreaker.

Your employment status and history. Being able to keep a steady and legal job may show that you are very capable of living a regular lifestyle.

Your educational background. Your lack of education does not deem you guilty, however, showing that you are an educated individual helps prove that you have a good head on your shoulders.

Character witness statements. As mentioned, these people deciding your future do not know you. Having reputable and honest people speak on your character shows that you may not be as “bad” as the offense may make you out to be.

Pre-sentence interviews are something like your “last chance” so it is best to bring only your best to these interviews. The probation officer will also interview the victim of your offense so it is wise to give every document you have that shows your characters not who they think. If you or someone you know is facing criminal charges, speak with a criminal defense attorney as soon as possible so that you are prepared to show your best self in your pre-sentence interview as well.

Baltimore Serious Traffic Offense Attorney

As a  traffic offenses go, as Baltimore attorney Eric T. Kirk explains, speeding and reckless driving are similar, but very different. In Baltimore, some traffic offenses are treated more seriously that others. What To Know About Serious Traffic Offenses in Baltimore? In might no be obvious why one traffic offense is treated more seriously than another. Serious, are, ominously “incarcerable” [i.e. you can spend time jail upon conviction] versus routine, no-serious Baltimore city traffic citations. You may have heard the terms used before, but it’s important to do a compare and contrast so you understand the charges you’re facing.

Commonly Charged Baltimore MD Serious Traffic Offenses:

• Driving Under the Influence (DUI) of Alcohol or Drugs: Maryland Transportation Article § 21-902
• Driving While Suspended or Revoked: Maryland Transportation Article § 16-303
• Reckless Driving: Maryland Transportation Article § 21-901.1
• Fleeing or Attempting to Elude Police: Maryland Transportation Article § 21-904
• Vehicular Manslaughter: Maryland Criminal Law Article § 2-209
• Vehicular Homicide While Under the Influence: Maryland Criminal Law Article § 2-503
• Hit and Run (Personal Injury or Death): Maryland Transportation Article § 20-102
• Driving Without a License: Maryland Transportation Article § 16-101
• Driving an Uninsured Vehicle: Maryland Transportation Article § 17-107
• Aggressive Driving: Maryland Transportation Article § 21-901.2
• Participating in a Speed Contest (Street Racing): Maryland Transportation Article § 21-1116
• Driving Without Required Ignition Interlock Device: Maryland Transportation Article § 27-101(x)
• Transporting a Handgun in a Vehicle: Maryland Criminal Law Article § 4-203
• Driving a Commercial Vehicle Without a CDL: Maryland Transportation Article § 16-815
• Failure to Stop for a School Vehicle: Maryland Transportation Article § 21-706
• Driving After Being Declared a Habitual Offender: Maryland Transportation Article § 16-303(l)
• Driving with a Fraudulent or Altered License: Maryland Transportation Article § 16-301
• Failure to Return a Suspended or Revoked License: Maryland Transportation Article § 16-205
• Driving in Violation of License Restrictions: Maryland Transportation Article § 16-113
• Permitting an Unlicensed Driver to Operate a Vehicle: Maryland Transportation Article § 16-112

Read on to learn more about speeding vs. reckless driving, and see how a lawyer can help you fight back.

Non Serious Baltimore Traffic Offenses: What counts as speeding?

Speeding is exceeding the speed limit. This explanation is pretty straightforward, but there are still some myths that need dispelling. You may have heard that you can speed by three, five, or even 10 miles an hour over the posted limit without receiving a ticket, but unfortunately, this is false.

The reality is that police officers can issue a speeding ticket even if you’re going one mile an hour over the posted limit. Speeding is speeding, full stop – and just because everyone else around you is speeding, doesn’t mean you should be speeding too.

In terms of punishment, speeding typically results in a fine. While this can be a little inconvenient on your wallet, the real inconvenience lies in the increased price of insurance while you have a mark on your record. Speeding tickets can stay on your driving record for up to five years in New Jersey, so it’s important to consider fighting back against your ticket if you can.

Serious Baltimore Traffic Offenses: What counts as reckless driving?

Reckless driving is more severe than speeding, although it may involve speeding as part of the equation. In New Jersey, exceeding the speed limit by 30 miles an hour means you could face a reckless driving charge instead of a simple speeding ticket. However, there are many other examples of reckless driving.

Think of reckless driving as “any action taken behind the wheel that can endanger the lives of others on the road”. Reckless driving includes racing, unsafely passing, and even driving improperly for the present road conditions. If you’re speeding and it’s snowing, you could end up with a reckless driving charge.

Unlike a speeding ticket, a reckless driving charge is a misdemeanor. This means more than just a fine. Reckless driving charges can result in jail time, a suspended license, and more. You’ll have to appear in court, so you should look into an attorney who can help you fight your charges.

Why should I contact an attorney?

Even if you’re just dealing with a speeding ticket, it’s worth contacting an attorney. Most people don’t have the time to read up on the traffic laws to fight against their charges in court, nor do they have the legal know-how to navigate the paperwork that comes with their case. Fortunately, an attorney can provide valuable knowledge and experience.

Having an experienced legal team at your back means you won’t have to read up on  traffic laws by yourself. A qualified attorney can help you fight back against your charges, whether it’s a minor speeding ticket or a more serious reckless driving case. A legal professional on your side means you can focus on living your life while your attorney does the legwork.

Don’t hesitate to fight back against your speeding or reckless driving charges. Get in touch with an attorney today.