Maryland Criminal Defense Attorney| Public Defenders, Pro Se, and Experienced Criminal Defense Attorneys

When you face criminal charges, or when there is an investigation of possible criminal charges against you, finding an experienced criminal defense attorney is the key to helping you receive the outcome you deserve. The attorneys at Portner & Shure have been leaders in the area of criminal defense for over 20 years and have the results to prove it.

 Many are well-versed in their Miranda rights and know that if a defendant cannot afford an attorney, one will be provided free of charge. A public defender, while great for those who are truly unable to hire a criminal defense attorney, should be seen as a last resort for most clients. Public defenders usually meet their clients for the first time minutes before trial and brief themselves on the facts of the case moments before representing their clients. While some public defenders are truly great attorneys, the type of attorney you receive will be nothing short of a gamble with the greatest price at stake - your liberty and freedom.

In order to be eligible for the services of the Office of the Public Defender, there are six factors that must be considered under Article 27A§7 of the Annotated Code of Maryland: (1) The nature, extent, and liquidity of assets; (2) The disposable net income of the defendant; (3) The nature of the offense; (4) The effort and skill required to gather pertinent information; (5) The length and complexity of the proceedings; and (6) Any other foreseeable expenses.

Within the Code of Maryland Regulations, Section 14.06.03, are income guidelines for eligibility. The Regulations state that the maximum net annual income level for persons accepted for representation in District Court cases, violation of probation, and contempt of proceedings may not exceed 100 percent of the current official federal poverty income guidelines. All other cases may not exceed 110 percent of the current official federal poverty income guidelines. The guidelines can be found in §673(2) of OBRA-1981 (42 U.S.C. §9902(2)).

Many clients often call our office looking for information on how they can represent themselves in court. Criminal charges can be very serious and you, as the defendant, may not even fully understand the repercussions you are facing. Because of this, it is strongly advised that you do not attempt to represent yourself in a criminal case. This is especially true for many of our clients who speak English as a second language or those who only speak Spanish, Chinese, Korean, Japanese, or Vietnamese. Even clients who speak perfect English do not fully understand "legalese," or language that is so filled with legal jargon that anyone who is unfamiliar with it is left puzzled by the words before them.

The criminal defense department at Portner & Shure houses some of the best criminal defense attorneys in the area. In fact, our criminal defense attorneys have been recognized by The National Top 100 Trial Lawyers. Not only this, but our clients speak for themselves in our countless glowing reviews.

Maryland Criminal Law Attorney|Two Paths to Marijuana Decriminalization

With the legislative session soon coming to a close, both the House of Delegates and the Senate are seeking ways to bridge the gap between two different measures on the same issue: medical marijuana.

The General Assembly last year passed a medical marijuana bill that allowed academic hospitals to order marijuana for patients with certain diseases or symptoms. None of the academic hospitals took advantage of this provision as they feared it may affect their federal funding, as marijuana is still illegal under federal law. This year, they are taking a second look at the program to make it more accessible to patients.

The Senate has a measure to allow for the licensing of treatment centers where medical marijuana can be ordered in order to separate the growers and the patients. Both the Senate and the House are looking at versions where doctors would be able to "recommend" patients to use medical marijuana. This "recommendation" would be akin to a prescription, but because the drug is illegal federally, it cannot be called such. Despite differences between the two bills, many are optimistic that the House and the Senate will come to a consensus. 

Maryland Criminal Defense Attorney|Fred Phelps Pushed the Limits of Free Speech

"I disapprove of what you say, but I will fight to the death for your right to say it" is often the mantra for those who protect First Amendment rights. These words are truer than ever with the passing of one of the most confrontational men in modern times.

As many across the United States sighed with relief upon hearing the news of Fred Phelps' death, we cannot deny that he pushed the limits of his First Amendment rights and helped define our rights as Americans. The Westboro Baptist Church is renowned for their hate speech and cruel protests against homosexuality, and in turn, AIDS victims. They believed homosexuality to be the downfall of America and, in turn, rejoiced in the deaths of soldiers fighting abroad in conflicts, seeing it as a punishment for the tolerant views of Americans. Phelps had an unwavering hatred for ministers who preached that homosexuality was a sin, but believed that God's love was greater than this sin.

            With these radical views, Phelps created enemies at every turn. Many attempted to suppress his hateful words through the justice system, but the U.S. Supreme Court ultimately ruled in 2011 that the First Amendment protects even the hatred preached by Phelps. 

Maryland Criminal Law Attorney|New Bill would Allow Doctors to write Marijuana 'Recommendations"

Just this past Monday, the House of Delegates approved a bill that would allow certain physicians to recommend the use of medical marijuana to patients with debilitating medical conditions. As of now, the bill is to go to the Senate, but many are optimistic about the outcome.

If this legislation passes, it would replace the current system which restricts medical marijuana use to those patients who receive care at an academic medical center. The problem with the current system is that none of the academic medical centers have participated and, thus, no patients have received the drug through this program. The new bill proposes to allow certain licensed physicians to write a "recommendation" for the use of medical marijuana. A "recommendation" is akin to a prescription, but due to federal law, the bill cannot call it that.

This bill is a step forward for patients who would benefit from medical marijuana because they would be able to seek the recommendation from their current physicians and would not need to seek a new physician from an academic medical center, as the current rule requires. It is essential for patients and their care givers to maintain their relationships to ensure comfort and the best care for the patient.

Maryland Criminal Law Attorney|Marijuana Decriminalization Passes Senate, Awaits House

Just last week, the Senate voted 36 to 8 on a measure that would make possession of small amounts of marijuana a civil offense as opposed to a criminal offense. Under this bill, if one is caught with 10 grams or less, a civil citation will be issued along with a fine up to $100.

Last year, almost 20,000 Marylanders were charged along with 3,000 fined or jailed. Supporters of the bill argue that recreational marijuana use should be decriminalized to protect those who could lose their jobs or be kicked out of school for possession. Furthermore, treating marijuana as a crime is simply a waste of public resources that should be used to catch the real criminals.

Maryland Criminal Defense Attorney|Maryland Second Chance Act

Many ex-offenders are stained by mistakes made lifetimes ago. The biggest hurdle for this group is finding respectable employment since many employers are wary of convicts. A new bill will soon be heard in Annapolis that hopes to give former inmates a chance at a new beginning. The bill authorizes an individual to petition a court to shield court and police records relating to a "shieldable conviction" no earlier than 3 years after that individual has satisfied the sentence imposed for the conviction, including parole, probation, or mandatory supervision.

To "Shield" a conviction means to render the court record or police record inaccessible to the public. While some ex-offenders are able to make a petition to shield their record under the current law, they face the hurdle of obtaining a full and unconditional pardon from the Governor. This bill would eliminate that hurdle.

Under the bill, if a person is convicted of a new crime during the 3-year waiting period, the first conviction is not eligible for shielding unless the new conviction becomes eligible for shielding. Furthermore, a persona may shield only one stand-alone conviction, or one unit of convictions per lifetime - meaning that there are no third or fourth chances.

Opponents of the bill fear that it will prevent employers from obtaining records necessary to evaluate the candidate for employment as some of the shieldable convictions are relevant to making an informed decision about a potential employee. Furthermore, there is a fear that this will delay background checks as a clerk will have to review the file before a disclosure can be made.  

The convictions that are eligible for shielding are:

1. Disorderly conduct


2. Disturbing the peace


3. Failure to obey a reasonable and lawful order


4. Malicious destruction of property under $500


5. Trespass: Posted Property


6. Obtaining property or services with bad check under $500


7. Misdemeanor theft under $1,000


8. Possessing or administering of a controlled dangerous substance


9. Use of or possession with intent to use drug paraphernalia


10. Driving without a license


11. Driving while privilege is canceled, suspended, revoked or refused


12. Driving while uninsured


13. Prostitution

Maryland Court of Appeals Helps Criminal Defendants Filter Prospective Jurors

Before a juror can be chosen to serve in a jury, there is a process known as voir dire. This is the questioning of prospective jurors to determine if the juror would be biased in a particular case. Last week, the Maryland Court of Appeals, the highest court in Maryland, reversed a criminal conviction, Cervante Pearson v. State, while setting new standards for questioning prospective jurors: The court found that if the prosecution's case relies heavily on police testimony, the defense may require that all jurors be asked if they have ever been a member of a law enforcement agency.

The court found that if a case for a criminal conviction is strongly based on the testimony of members of law enforcement agencies, and the prospective juror has been a member of a law enforcement agency, that potential juror may give more weight to those testimonies because of this affiliation. Because of this, a defendant is entitled to know of this association and be given the opportunity to strike him as a prospective juror. 

The court, along with this, also overturned a 2011 holding which allowed for defense to ask prospective jurors if they have "strong feelings" about the crime that would make it difficult for them to "fairly and impartially weigh the facts of [the] trial." The court removed the condition which asked if these strong feelings would make it difficult for them to fairly and impartially weight the facts of the trial. Now, the question only asks of the prospective juror has strong feelings about the crime and allows the litigants to determine if these feelings will make it difficult for the prospective juror to be fair and impartial.

While these holdings is good news for future criminal defendants, the court made it clear that convicts may not use these new standards to overturn their convictions.