Gun Control Forefront of Maryland Governor's Race

Two candidates competing for position as governor of Maryland have staunch differences on where they stand on gun control.  Maryland's General Assembly last year passed new gun control legislation, making it among the strictest in the country.  The legislation requires people who purchase a handgun to submit fingerprints to state police, bans forty-five types of assault weapons, and limits gun magazines to ten bullets.  Democratic candidate Lt. Governor Anthony Brown supports Maryland's sweeping gun control legislation passed last year, whereas Republican candidate Larry Hogan has said he cannot support Maryland's Gun Safety Act.  Hogan has been accused by Lt. Governor Brown of flip flopping on the issue because in one interview he will claim he supports the legislation and in another one he will say the legislation "went too far."  Oddly enough, just yesterday the National Rifle Association (NRA) endorsed Hogan, citing his "support and commitment to the Second Amendment."

The legislation passed last year is certainly a step in the right direction in terms of protecting Marylander's safety and preventing major public shootings.  An interesting point to consider is that Lt. Governor Brown's campaign advertisements focused heavily on attacking Hogan's pro-gun views.  Before Lt. Governor Brown started running these advertisements, many Marylanders had no idea who Larry Hogan even was.  It is ironic that Maryland's race for governor has become so closely contested, in part due to Lt. Governor Brown's television advertisements.  It shall be interesting to see what will happen in these last few weeks before the election.

If you or anyone you know has been charged with possession of a firearm, and would like a free legal consultation or if you would like more information on criminal defense, please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com.

 

CDS Possession Charge in Maryland | Criminal Lawyer

Visit us at:  www.portnerandshure.com

or call to speak with one of our experienced Maryland criminal defense attorneys at (301) 854-9000 for a free consultation.

Maryland Decriminalizes Marijuana, Cuts into Criminal Defense Attorney Businesses

On October 1^st, several new laws took effect in Maryland. The most newsworthy change is making possession of less than 10 grams of marijuana punishable by a civil citation rather than a criminal penalty. Under the new law, fines range from $100 for a first offense to $500 for a third offense. The change does not mean that marijuana is legalized in Maryland, it just means that possessing less than 10 grams results in a citation and no criminal charges.

The interesting thing to look at now will be the effect on criminal defense attorneys. Before the change, people knew they needed a lawyer to help them fight a marijuana possession charge. However, now people will likely think they will not need a criminal attorney because they can take care of the citation on their own. Thus, many defense attorneys believe that this law change will substantially cut down business on marijuana possession cases.

Like every new law, there are potential issues and loopholes that people should be aware of. For example, possession of paraphernalia is still a criminal offense punishable up to one year in jail and a $1,000 fine. Another issue could be the impact the new law has on defendants' Fourth Amendment rights against unlawful searches and seizures. Police are allowed to issue citations for probable cause if they believe a person has less than 10 grams of marijuana. There is a potential for a tremendous amount of challenges to searches. One final issue is whether a citation for marijuana possession under 10 grams would be considered a probation violation. New marijuana citations are akin to speeding tickets, which are not considered violations of probation. However, it would appear that marijuana citations could still be considered a violation of probation because marijuana is still an illegal drug and most probation contracts prohibit use of illegal drugs.

It will certainly be interesting to see the effect the new law has on criminal defense attorneys and whether any changes are made to this law or related laws.

If you or a family member has been charged with a criminal drug act and would like a free legal consultation please feel free to contact our office at (301) 854-9000 or visit us on the web at www.portnerandshure.com

Ocean City, Maryland DUI / DWI Attorney

Visit us at:  www.portnerandshure.com

or call to speak with one of our experienced Ocean City, Maryland DUI attorneys at (410) 995-1515 for a free consultation.

Pleading Guilty to a Ocean City, Maryland DUI Charge

Many of those who are convicted of a DUI are offered a plea bargain. This means there is an offer for a lesser charge, or other concession from prosecution, if the defendant states that he was guilty. It is very difficult for those who are charged with a DUI to know and understand if their plea bargain is truly a good deal - only an experienced DUI attorney can help you to determine the right choice to make: plea or fight.

 

Many who plead guilty without the advice of an experienced Ocean City, Maryland DUI attorney may not truly realize the consequences of their plea. The first thing to realize about pleading guilty is that you are waving all of your Constitutional rights in your case! This means that any right, such as your right to remain silent or your right to a trial, are forfeited.

 

After pleading guilty, you are convicted of the offense against you. Many fail to realize this simple fact: a guilty plea is the same as a conviction. After you have chosen to plead guilty, it will be extremely difficult for you to withdraw your guilty plea. This means that it is essential to understand the possible penalties that you face when pleading guilty. In Maryland, a first offense DUI charge can land you with up to 1 year in jail and up to a $1,000 fine and license suspension of up to 6 months, with a minimum of 45 days.

 

Portner & Shure has seen many cases in which clients had a good chance to fight their DUI charge in ways that the client did not even realize. There are also often offers for unfair plea bargains when a defendant faces their charges alone as opposed to alongside an attorney with an aggressive reputation. An experienced Ocean City, Maryland DWI Lawyer from Portner & Shure will help explain to you the mitigating and aggravating factors of your particular case and guide you to determine the best course of action to take.

 

An experienced Maryland DUI attorney who has seen countless DUI cases understands that there are many ways to succeed in a case, from getting a client a better plea deal, a lesser punishment, to even getting a "not guilty" finding. The complexities that are involved with a DUI case are too many to count. It is advised that you seek the counsel of a knowledgeable Maryland drunk driving attorney and have them review your case to discuss your options.

 

One of the best aspects of Portner & Shure is that they offer a risk-free consultation for clients. This means that an experienced Ocean City DUI attorney will speak with you about your case for free. Furthermore, our experienced Ocean City DUI lawyers are able to help clients who do not speak English or speak English as a second language. Our trained multilingual paralegals work closely with our highly-ranked Maryland DUI lawyers to help clients who speak Spanish, Chinese, Korean, Japanese, and Vietnamese. 

If you, a family member or someone you know has been convicted of driving under the influence or if you would like more information on DUI or DWI arrests, please call (410) 995-1515 for a free consultation or visit us on the web at http://portnerandshure.com

Maryland Traffic Ticket Attorney | How to Defend Your Record

You've just been pulled over for speeding on I-95. As the officer approaches your vehicle, you think you're done for. You may have prior traffic citations, but you're not sure how many points you have on your license. You think: am I going to lose my license? What do I do now?

First, relax. There are a number of strategies you can use to protect your driving record. Your control over the outcome starts with the traffic stop itself. Be cooperative and polite with the officer. The officer has the power to lower your citation to a reduced speed in court (which means fewer points and a lower fine), and the officer will be much more inclined to do so if you were polite and cooperative.

Two, retain an attorney. If you've been given a serious traffic citation, you could be facing fines of up to $500 and loss of your driver's license. An attorney can protect your rights at trial by holding the officer to the requirements of the law. For example, an officer must prove four things in order to use a radar speed reading against you in court. The officer must show (1) that the equipment was properly tested and checked, (2) that it was manned by a competent operator, (3) that proper operative procedures were followed, and (3) that proper records were kept. See Fitzwater v. State, 57 Md. App. 274 (1984). At trial, an attorney can cross-examine the officer on these topics and attempt to have radar evidence of your speed excluded from trial.

An attorney can also negotiate with the officer on your behalf. The officer is much more likely to agree to reduce your citation if you have an attorney representing you. If you choose to plead guilty, an attorney can also argue to the judge to reduce your speed, resulting in fewer points and a lower fine, or to grant you probation before judgment, which results in zero points added to your license. An attorney can also help you get a probation before judgment expunged from your record, leaving you with no record of the citation.

If you wish to have a trial on your ticket, be sure to request one within 30 days by checking the "Request a Trial" box on the return to court copy of your citation. You may also "Request a Waiver Hearing" to plead guilty with an explanation in court. If you request a trial, the officer is required to appear, however, you can still choose to plead guilty at the hearing. If you elect to request a waiver hearing, the officer will not be required to appear, however you will be able to argue to the judge for a reduced sentence.

Knowing how many points you are facing before you get to court may reduce your anxiety over the citation. You can look up your citation on Maryland's schedule of fines and points here - www.courts.state.md.us/district/forms/criminal/dccr090.pdf. Whether you are in danger of losing your license will depend on the number of points you have accumulated in the last two years. At 5-7 points, you can complete a Driver Improvement Program to keep your license. At 8-11 points, your license will be suspended, however, you may request a hearing with the MVA to contest this. At 12 points, revocation proceedings will be instituted.

If you, a family member or someone you know has been charged with a crime, convicted of DUI / DWI, or if you would like more information on criminal defense, please visit us on the web at http://portnerandshure.com

 

 

Maryland Speeding Ticket | How to Defend Your Driving Record

You've just been pulled over for speeding on I-95. As the officer approaches your vehicle, you think you're done for. You may have prior traffic citations, but you're not sure how many points you have on your license. You think: am I going to lose my license? What do I do now?

First, relax. There are a number of strategies you can use to protect your driving record. Your control over the outcome starts with the traffic stop itself. Be cooperative and polite with the officer. The officer has the power to lower your citation to a reduced speed in court (which means fewer points and a lower fine), and the officer will be much more inclined to do so if you were polite and cooperative.

Two, retain an attorney. If you've been given a serious traffic citation, you could be facing fines of up to $500 and loss of your driver's license. An attorney can protect your rights at trial by holding the officer to the requirements of the law. For example, an officer must prove four things in order to use a radar speed reading against you in court. The officer must show (1) that the equipment was properly tested and checked, (2) that it was manned by a competent operator, (3) that proper operative procedures were followed, and (3) that proper records were kept. See Fitzwater v. State, 57 Md. App. 274 (1984). At trial, an attorney can cross-examine the officer on these topics and attempt to have radar evidence of your speed excluded from trial.

An attorney can also negotiate with the officer on your behalf. The officer is much more likely to agree to reduce your citation if you have an attorney representing you. If you choose to plead guilty, an attorney can also argue to the judge to reduce your speed, resulting in fewer points and a lower fine, or to grant you probation before judgment, which results in zero points added to your license. An attorney can also help you get a probation before judgment expunged from your record, leaving you with no record of the citation.

If you wish to have a trial on your ticket, be sure to request one within 30 days by checking the "Request a Trial" box on the return to court copy of your citation. You may also "Request a Waiver Hearing" to plead guilty with an explanation in court. If you request a trial, the officer is required to appear, however, you can still choose to plead guilty at the hearing. If you elect to request a waiver hearing, the officer will not be required to appear, however you will be able to argue to the judge for a reduced sentence.

Knowing how many points you are facing before you get to court may reduce your anxiety over the citation. You can look up your citation on Maryland's schedule of fines and points here - www.courts.state.md.us/district/forms/criminal/dccr090.pdf. Whether you are in danger of losing your license will depend on the number of points you have accumulated in the last two years. At 5-7 points, you can complete a Driver Improvement Program to keep your license. At 8-11 points, your license will be suspended, however, you may request a hearing with the MVA to contest this. At 12 points, revocation proceedings will be instituted.

If you, a family member or someone you know has received a speeding violation or would like more information on defending your driving record, please visit us on the web at http://portnerandshure.com

 

Ellicott City, Maryland Criminal Defense Attorney|Your Right to Remain Silent

Many already know that the right to remain silent from the much-quoted Miranda rights. It is important to remember that every person who is interrogated while in custody must be given their Mirandarights. An interrogation is when the police act or speak in a way they know will reasonably elicit an incriminating response, and being in custody means that the individual does not feel free to leave.

 

The right to remain silent originates from the Fifth Amendment privilege against self-incrimination, and later outlined in the caseMiranda v. Arizona. In order to invoke your right to remain silent, it is not enough to simple refuse to speak. This means that simply remaining silent may be used against you in the court of law. In order to prevent this, the interviewee must actually state that they are not speaking because they are invoking their right to remain silent.

 

For those who do not speak English or speak English as a second language, it is absolutely essential that they learn to say "I would like to use my right to remain silent" in English so that they can protect themselves from self-incrimination. This is more important for those who do not speak English or speak English as a second language because the speaker may not fully understand the words they are speaking and accidentally give information that can be used against them.

Maryland Criminal Defense Attorney | Maryland Human Trafficking Laws

"Operation Cross Country" by the FBI netted more than 280 arrests of pimps around the country, including four in Prince George's County.

Rebecca Wu, a spokesperson for the FBI, says local, state and federal law enforcement partners and the National Center for Missing and Exploited Children took part in the week-long operation, which became the largest and most successful Operation Cross Country. The investigation included 106 cities.

FBI Director James B. Comey said this was the eighth time the FBI coordinated an operation against sex trafficking. The nationwide campaign targeted places ranging from casinos, to truck stops to pornography stores.

"Targeting and harming America's children through commercial sex trafficking is a heinous crime, with serious consequences," Comey said in a press release. "Every child deserves to be safe and sound. Through targeted measures like Operation Cross Country, we can end the cycle of victimization."

Two teen girls from the Washington D.C. metro area were rescued by the FBI, including a 16-year-old girl from D.C. found in a Rockville motel. More than 160 others were rescued nationwide. 

"One was returned to their parents and one was taken to social services for help," special agent in charge Steve Vogt said.

Four pimps were arrested in Prince George's County and another was found in Baltimore County. They will face federal charges.

 

Human Trafficking Laws in Maryland

Maryland law directly addresses sex trafficking, without the need to show force, fraud, or coercion, through Md. Code Ann., Crim. Law § 11-303 (Human trafficking). Under Md. Code Ann., Crim. Law § 11-303(a)(1), it is illegal for a person to knowingly

(i) take or cause another to be taken to any place for prostitution;
(ii) place, cause to be placed, or harbor another in any place for prostitution;
(iii) persuade, induce, entice, or encourage another to be taken to or placed in any place for prostitution;
(iv) receive consideration to procure for or place in a house of prostitution or elsewhere another with the intent of causing the other to engage in prostitution or assignation;
(v) engage in a device, scheme, or continuing course of conduct intended to cause another to believe that if the other did not take part in a sexually explicit performance, the other or a third person would suffer physical restraint or serious physical harm . . .
. . . .

 If the victim of the conduct described in Md. Code Ann., Crim. Law § 11-303(a)(1) is a minor, the defendant is guilty of a felony punishable by imprisonment up to 25 years, a fine not to exceed $15,000, or both. Md. Code Ann., Crim. Law § 11-303(b), (c)(2).

Pursuant to Md. Code Ann., Crim. Law § 11-303(e), "A person who knowingly benefits financially or by receiving anything of value from participation in a venture that includes an act described in subsection (a) or (b) of this section is subject to the same penalties that would apply if the person had violated that subsection." If the offense involves a minor, that person also will be guilty, without regard to the use of force, fraud, or coercion, of a felony punishable by imprisonment up to 25 years, a fine not to exceed $15,000 or both. Md. Code Ann., Crim. Law § 11-303(e)(1), (c)(2). 

Silver, Spring Maryland Criminal Defense Attorney | Maryland Robbery Laws

The FBI and the Metropolitan Police Department are looking for a suspect in connection with five separate bank robberies in the DC metro area.

According to a news release from the FBI, the man attempted to rob the Wells Fargo bank in the 3200 block of Pennsylvania Avenue SE around 12:30 p.m. Friday.

Later that day, he attempted to rob another Wells Fargo, this time in 1st Street NE. Minutes later, the FBI said he robbed a TD Bank in the 1200 block of 1st Street NE.

Officials say the same man is wanted in connection with a June 6 bank robbery, as well as an attempted bank robbery June 7. 

Authorities are offering a $5,000 award for information that leads to this man's arrest.

If you have any information about any of the robberies, please contact the FBI at 202-278-2000 or call the Metropolitan Police Department at 202-727-9099.

Maryland Robbery Laws

Maryland courts have adopted the common law definition of robbery. The common law defines robbery is, "the felonious taking and carrying away of the personal property of another from his person by the use of violence or by putting in fear." Under Maryland law, robbery is the taking of someone else's rightful property through force or through the threat of force. As a violent crime, robbery is prosecuted as a felony. The penalties for robbery in Maryland depend on the circumstances of the crime.

• Robbery - taking the victim's money or property through force or threat of force; maximum sentence of 15 years in prison.


• Armed Robbery - using a weapon (gun, knife, or other item that can be used as a weapon) to perpetrate a robbery; maximum sentence of 20 years in prison. Even if you only claim to have a weapon in your possession, your conviction could result in up to 20 years. Yes, an empty threat of a gun is enough to elevate the sentence.


• Carjacking - stealing a person's vehicle through means of force, threat of force, or weapon; maximum sentence of 30 years in prison.

A robbery conviction can lead to decades behind bars. Upon release, a convicted felon faces numerous restrictions, including prohibition from owning a firearm, lengthy probation, and limitation of employment and housing options. A felony conviction carries negative ramifications that can last a lifetime. 

You have rights and it is your attorney's job to help protect those rights throughout the criminal process. If you are charged with a robbery offense or carjacking, call the law offices of Portner & Shure today to discuss the details of your case and how we might be able to help. No criminal defense lawyer can guarantee results, but we can guarantee to fight tirelessly on your behalf. Our highly-experienced attorneys will be able to help you analyze your case and the evidence against you to determine what steps to take in mitigating the impact of the charges on your life.

Baltimore, Maryland Criminal Defense Attorney | Baltimore City Police Officers Slit Restrained Dog's Throat

Jeffery Bolger, a 22-year veteran police officer in Baltimore City, was arrested Wednesday after allegedly slicing a restrained dog's throat and leaving it to die. A second Baltimore officer, 24-year veteran Thomas Schmidt, has been suspended while the department investigates his role in the slitting of a dog's throat, a 7-year-old shar-pei named Nala, while the animal's owner says it took her days to find out how the dog died.

Court documents say Officer Thomas Schmidt held the dog down while a fellow officer Jeffery Bolger slit the animal's throat on Saturday. Schmidt has been suspended with pay during the investigation, Baltimore Police spokesman Jeremy Silbert said. Bolger faces felony animal cruelty charges.

Maryland law treated all crimes against animals as misdemeanors until 2002, when the first felony statute went into effect. Aggravated cruelty to animals carries a potential sentence of up to three years and involves deliberate intent to harm an animal.

Despite the law change, many animal abuse cases are still pursued as misdemeanors. That means such cases tend to stay in District Court, even if more serious charges could have been brought to Circuit Court, where most felonies are handled.

In Maryland, Cruelty or Neglect of an Animal is defined as: "overdrive or overload an animal; deprive an animal of necessary sustenance; cause or procure such actions; if an animal is in a person's charge or custody they may not inflict unnecessary suffering or pain on the animal or unnecessarily fail to provide the animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter, or protection from the weather."  This is a misdemeanor with a fine up to $1000 and/or imprisonment for up to 90 days. 

Aggravated Cruelty to Animals is defined as: "intentionally mutilate, torture, cruelly beat, or cruelly kill an animal; cause, procure, or authorize such action; or except in the case of self-defense, intentionally inflict bodily harm, permanent disability, or death on an animal owned or used by a law enforcement unit."  This is a felony which carries a fine of up to $5000 and/or imprisonment up to 3 years.  Exemptions are made for veterinary and husbandry practices, research; food processing, pest elimination, training, and hunting as long as the person uses the most humane method reasonably available; normal human activities in which pain to animals is incidental and unavoidable.

Rockville, Maryland Criminal Defense Attorney | Are Criminal Defendants Under Too Much Pressure to Plea?

When a person has their head under water, they struggle against the force and will do anything to come up for air. For criminal defendants a plea deal can seem like they are gasping for air and the force they struggle against is their own attorney.

Attorneys are required to protect the rights of their clients, including the right to go to trial. Attorneys are required to listen to their clients and allow their clients to participate in their own defense. While an attorney can certainly advise their clients of the pitfalls of a trial and conviction, they must allow the voice of their clients to be heard and recognize their clients' choice to go to trial.

Very often attorneys meet their client, review the charging documents and then advise their client that they will plead the case out. That approach may infringe upon the rights of the accused. The criminal defendant has the absolutely right to stand trial. Certainly, an attorney should consider all factors such as a defendant's prior criminal record and the nature of the crime, and then advise their clients of the best course of action, including a plea deal, if appropriate.

Plea agreements are an invaluable asset in the criminal justice world. They can be used to scale back the amount of time in jail that a Defendant is facing, if convicted. However, a lawyer should also advise clients of their right to stand trial. Attorneys should review all of the evidence and discuss strategy with their clients before attempting to make plea agreements.

At Portner & Shure, P.A. our success with criminal cases is in reviewing all of the details, all of the evidence, and then making a decision as to whether our clients should stand trial, or consider a plea agreement. Portner & Shure counsels its clients on all options and the consequence of each option. More importantly, Portner & Shure allows our clients to be a part of the defense team and is not afraid to try a case.

Gaithersburg, Maryland Criminal Defense Attorney | Maryland Man Charged With Hiring Hitman To Kill His Fourth Ex-Wife

A 37-year-old Gaithersburg man is accused of ordering a $1,000 hit on his fourth ex-wife, Montgomery County Police say. Perhaps, the fact it was his fourth ex-wife was a clue in itself.

Detectives say they received information last Tuesday Ndokey P. Enow wanted to hire someone to kill his ex-wife. An undercover Montgomery County Police officer posing as a hitman met with Enow at Four Corners in Silver Spring several days later, offering his services to Enow for $1,000.

Enow then showed the "hitman" photos of his wife and where she lived. Just after the meeting concluded, Enow was arrested and charged with solicitation to commit first-degree murder and attempted first-degree murder.

Enow confessed to the crime during police questioning. He is being held without bond.

The law in Maryland is that an attempted crime occurs when the defendant takes a substantial step, beyond mere preparation, toward the commission of the crime and that they intend to commit that crime. A defendant cannot be charged with both an attempt to commit a crime and the actual crime itself because by definition an attempt means that the person tried but was not successful in carrying out the criminal act. In Maryland, the maximum punishment for an attempt cannot exceed that of the punishment for the underlying offense.

Attempted murder in the first-degree is covered by Maryland Criminal Law Code § 2-205. According to this code, any individual who attempts to commit first-degree murder can be found guilty of a felony. The associated penalty is imprisonment of up to life.

Maryland Criminal Defense Attorney | Arrested for Drug Possession with Intent to Distribute in Maryland?

The distribution, importation, and sale of drugs are among the most heavily penalized drug offenses in Maryland.

Under Maryland Code Section 5-602, it is illegal for a person, other than an authorized dispenser (i.e., pharmacy), to (1) distribute or sell a controlled substance, or (2) possess a controlled substance in a sufficient quantity to reasonably indicate an intent to distribute the substance. 

Under Section 5-603, it is also illegal for a person to manufacture a controlled substance, or manufacture, distribute, or possess devices that are adapted to produce a controlled substance under circumstances that reasonably indicate an intent to sell, produce, or distribute a controlled substance. 

In Maryland, Controlled Dangerous Substances (CDS) are drugs that have been regulated under the Controlled Substances Act (CSA) and have been divided into five "schedules." These schedules are classified by how hazardous the substance is, whether it is used in accepted medical treatments, the potential for abuse, and the likelihood that it could cause addiction or dependence.

Schedule I Controlled Dangerous Substances have a high potential for abuse, are generally considered unsafe, and have no current medically accepted use in treatment. These substances include: heroin; lysergic acid diethylamide (LSD); marijuana (cannabis); peyote (cactus which contains mescaline); methaqualone; and 3,4-methylenedioxymethamphetamine (ecstasy).

Schedule II Controlled Dangerous Substances also have a strong potential for abuse, but, unlike Schedule I drugs, they have been used for medical treatment. However, abuse of Schedule II drugs can sometimes lead to a psychological or physical dependence. These substances include: narcotics such as: morphine; opium; hydromorphone (Dilaudid); methadone (Dolophine); meperidine (Demerol); oxycodone (OxyContin); fentanyl (Sublimaze/Duragesic); and stimulants such as: cocaine; phencyclidine (PCP); amobarbital; glutethimide; pentobarbital; amphetamine (Dexedrine/Adderall); methamphetamine (Desoxyn); and methylphenidate (Ritalin).

Schedule III Controlled Dangerous Substances have a lower potential for abuse, have been used in medical treatment, and can lead to a low or moderate physical dependence, but a high psychological dependence. These substances include: benzphetamine (Didrex); phendimetrazine; ketamine; anabolic steroids such as oxandrolone (Oxandrin); codeine or hydrocodone with aspirin (Tylenol 3); and buprenorphine products (Suboxone and Subutex).

Schedule IV Controlled Dangerous Substances have a relatively low potential for abuse, are used in medical treatment, and can lead to a limited physical or psychological dependence. These substances include: propoxyphene (Darvon and Darvocet-N 100); alprazolam (Xanax); clonazepam (Klonopin); clorazepate (Tranxene); diazepam (Valium); lorazepam (Ativan); midazolam (Versed); temazepam (Restoril); and triazolam (Halcion).

Schedule V Controlled Dangerous Substances have a very low potential for abuse, are commonly used for medical treatment, and can lead to very limited physical or psychological dependence. These substances typically include cough medicines that contain no more than 200 milligrams of codeine (Robitussin AC and Phenergan with Codeine).

Under Maryland Code Section 5-608(a), if an individual violates either of the preceding sections (distribution/possession with intent to distribute or manufacturing with intent to distribute) with a Schedule I or Schedule II narcotic, then that individual is guilty of a felony and faces penalties of up to 20 years in prison and / or a fine of up to $25,000. 

Schedule I or II Drugs

Under Section 5-608(b)(1), if an individual violates such sections a second time involving Schedule I or Schedule II controlled substances, that individual is guilty of a felony and faces penalties of 10 to 20 years in prison and a fine of up to $100,000.

Under Section 5-608(c)(1), if an individual violates these sections a third time involving one or more Schedule I or Schedule II controlled substances, that individual is guilty of a felony and faces penalties of a mandatory minimum 25-year prison sentence and fine of up to $100,000.

Under Section 5-608(d)(1), if an individual violates these sections a fourth time involving Schedule I or Schedule II narcotics, that individual is guilty of a felony and faces penalties of a mandatory minimum 40 years in prison and a fine of up to $100,000.

In all of these cases, the penalty is the same if the individual is convicted of conspiring to commit these offenses.

Controlled Substances Not Including Schedule I or II Drugs

Under Section 5-607(a), if an individual violates these sections with a controlled substance other than a Schedule I or Schedule II drug (distribution/possession with intent to distribute or manufacturing with intent to distribute) then that individual is guilty of a felony punishable by up to five years in prison and / or a fine of up to $15,000.

Under Section 5-607(b)(1), if an individual commits a second offense (not including Schedule I or Schedule II controlled substances) then that individual is guilty of a felony punishable by two to five years in prison and / or a fine of up to $15,000, with a mandatory minimum two-year prison sentence.

How the Criminal Defense Attorneys at Portner & Shure Can Help You

If you are convicted of possession with intent to distribute, you may face very harsh penalties. Even first-time drug offenders may face jail time, large fines, and long probation periods. Certain factors such as the kind of drug found in your possession, the quantity of drugs, and your prior criminal record can make potential consequences even more serious. If you were arrested in a school zone, the penalties will be even more severe.

You could be charged with possession with intent to distribute based on the circumstances and other evidence confiscated at the arrest:

• The amount of drugs seized


• The value of the drugs seized


• The presence of large quantities of cash


• Packaging of the drugs


• Baggies


• Scales

The presence of any of the above-mentioned circumstantial evidence can lead the arresting police officer to believe there was intent to distribute, regardless of your actual intent. If you are charged with any of the crimes listed above, you should consult with a Maryland drug distribution lawyer to learn about your options and how a lawyer can help you build a strong defense.

The Maryland criminal defense attorneys at Portner & Shure can help you fight the charges against you in court. Working with an experienced Maryland criminal defense attorney could help to lessen the overall impact of the charges against you. The stakes are too high to take your chances without an experienced criminal defense lawyer. If convicted, these charges can seriously impact your ability to:

• Secure employment, maintain your current position, or advance in your career


• Get approval for a home or car loan


• Maintain eligibility for an academic scholarship


• Obtain acceptance into a university


• Rent a home, apartment, or condo

The lawyers at Portner & Shure will provide you with aggressive representation for your drug trafficking case in order to minimize the impact of these charges on the rest of your life.

Ocean City, Maryland Criminal Defense Attorney | Maryland Assault Laws

In Maryland, an "assault" encompasses the crimes of assault, battery, and assault and battery. Assault is the attempted touching of another person, without that person's consent, and includes the act of placing someone in fear of an intentional touching. Battery is the unlawful and offensive touching of another person without that person's consent.

In Maryland, first degree assault is defined as causing serious physical injury to another individual. According to Maryland Code § 3-201(d), "serious physical injury" is defined as any physical injury that causes protracted or permanent impairment or loss of a bodily organ or member, disfigurement, or a substantial risk of death. In addition, any assault involving a firearm or other dangerous weapon is considered first degree assault. Under Maryland Code § 3-202, a firearm can be defined as a handgun, rifle, shotgun, antique firearm, short-barreled shotgun or short-barreled rifle; and assault pistol; a machine gun; or a regulated firearm.

The penalties associated with a first degree assault conviction in Maryland can include up to 25 years in prison, as well as a felony conviction reflected on your permanent record. Other penalties could include probation, house arrest, restraining orders, driving restrictions and more, depending on the circumstances of your case.

Second degree assault is defined as causing physical injury, or any impairment of physical condition, to another person. Any unwanted physical contact can be considered assault, even if it doesn't ultimately cause injury. Under Maryland Code § 3-203 , a person who is convicted of second degree assault is subject to imprisonment of up to 10 years and/or a maximum fine of $2,500. However, anyone that commits second-degree assault on a government agent, such as a law enforcement officer, is guilty of a felony, subject to imprisonment of up to 10 years and/or a maximum fine of $5,000.

Defenses to assault include self-defense and lack of evidence. The penalties associated with both first and second degree assault in Maryland could alter the course of your life forever. The experienced Maryland assault lawyers at Portner & Shure with a solid track record of success will examine each aspect of your case to build a solid defense that leads to our acquittal or a reduction in your charges and/or penalties.

Maryland Criminal Defense Attorney | Road Rage in Maryland

We have all read or seen on the news stories of drivers getting involved in physical altercations due to aggressive driving- or what is commonly referred to as road rage. Road rage can lead to altercations, assaults, and collisions, which can then result in injuries and even deaths.

The National Highway Traffic Safety Administration (NHTSA) states that road rage "involves a criminal act of violence, whereas aggressive driving can include tailgating, speeding and running red lights." The number of deaths related to road rage is difficult to track, but NHTSA estimates that aggressive driving accounts for about one-third of all crashes and about two-thirds of the resulting fatalities.

Portner & Shure recently represented a client who was involved in a road rage incident. He was driving on I-270 southbound in Gaithersburg, Maryland and became involved in an altercation with another driver on the road. The two men pulled over on the shoulder and exchanged verbal insults, which then led to a physical fight on the side of the highway. Our client fractured the other driver's nose and head butted him, resulting in broken teeth. 

Subsequently, our client was charged with second-degree assault, reckless driving, negligent driving, and following a vehicle too closely by the state of Maryland. In Maryland, second-degree assault is defined as causing someone physical injury. If convicted, you can face up to 10 years in prison and a $2,500 fine. In addition, our client was facing a civil lawsuit from the other driver for medical bills and surgery, which amounted to over $27,000. The attorneys at Portner & Shure were able to successfully work with the state and the opposing attorney to resolve the issue by negotiating a much lower pre-trial settlement.

While we may have successfully helped our client resolve both the serious criminal and civil charges he was facing, here, there was no real winner. Both men suffered physical and monetary losses due to a situation which could have been avoided. If someone is tailgating you and acting aggressively, do not make eye contact or retaliate in any sort of way. It's not worth it. If a problem persists, call for help on your cell phone and drive to a police station for help.

Baltimore, Maryland Traffic Ticket Attorney | Driving Without a License in Maryland

What is driving without a license in Maryland?

Driving without a license in Maryland can be distinguished from "failure to display a license." If you have a valid driver's license but simply failed to have it on your person when pulled over, you could only be charged with "failure to display a license." However, if you are charged with "driving without a license" in Maryland, it means as a resident of Maryland or as a resident of another state you do not currently have a valid driver's license.

What is the punishment for driving without a license in Maryland?

Driving or attempting to drive without a license in Maryland carries a maximum penalty of 60 days in jail and/or a $500 fine. A conviction for driving without a license will result in 5 points being assessed. The charge carries more time for subsequent offenders.

Can I just pay a fine online if I've been charged with driving without a license in Maryland?

Because driving without a license is an incarcerable offense, meaning that you can serve jail time if you are found guilty of the charges, it is what is referred to as a "must appear" citation. That means that this citation cannot be disposed of just by paying a fine. A driver that receives a ticket for driving without a license must go to court to resolve their case.

Can I apply for a driver's license if I am an illegal resident in Maryland?

Illegal immigrants in Maryland are now able to obtain what is called a "second-tier" driver's license if they meet certain requirements. These second-tier driver's licenses allow holders to drive on Maryland roads, register their cars, and obtain insurance. However, these licenses are not recognized by federal agencies and cannot be used for identification purposes. The words "Not Acceptable for Federal Purposes" is written across the top of the license.

If I am an illegal immigrant in Maryland, how do I apply for a second-tier driver's license?

In order for an illegal immigrant to obtain a second-tier license, an applicant must bring documentation to their driver's license appointment that proves three things: identification, Maryland residency and that the applicant has paid taxes in Maryland or is a dependent of someone who has paid taxes in Maryland for the past two years. 

To prove identification, an applicant can submit a passport. If the applicant is unable to provide a passport, the applicant can submit two of the following, one of which should contain a photograph not more than 8 years old:

• Foreign driver's license


• Birth certificate


• Identification card


• Employment authorization document

To prove Maryland residency, an applicant needs at least two of the following:

• Maryland vehicle registration or car title


• Utility bill


• Bank statement


• Life insurance card


• Property tax bill or receipt


• Proof of home ownership


• Mail from a government agency


• Credit card bill


• Cancelled check

To prove the applicant has paid taxes in Maryland or is a dependent of someone who has paid taxes in Maryland for the past two years, an applicant must provide two years of Maryland tax forms approved by the comptroller.

Should I consult an attorney if I have been charged with driving without a license in Maryland?

If you have been convinced to driving without a license, it is in your best interest to immediately consult an attorney. The highly-skilled, experienced attorneys at Portner & Shure will work diligently to obtain the most favorable results possible for you. For a free consultation, contact a Baltimore traffic ticket attorney at Portner & Shure.

Maryland Criminal Defense Attorney | Maryland Aggressive Driving Laws

The Washington D.C. metro area has been ranked the nation's worst for traffic congestion according to the Texas Transportation Institute's "Urban Mobility Report" which tracks time and fuel commuters lose in traffic delays. The study states the average Washington D.C. commuter spends 67 hours a year sitting in traffic. That is the equivalent of approximately two full work weeks spent behind the wheel each year.

The number of commuters during rush hour and peak times creates significant delays for drivers in the region. For example, when heading from Richmond, Virginia to Virginia Beach, drivers are expected to experience at least 1 hour and 20 minutes of delay due to traffic during peak times. When heading to Ocean City, MD, drivers are expected to experience at least 2 hours and 40 minutes of delay during peak times.

Washington D.C. metro area drivers are used to feeling frustration, impatience and anger when stuck in traffic congestion. Oftentimes, these feelings of irritability can lead to pushy behavior in a vehicle and aggressive driving. According to the Maryland Motor Vehicle Administration, aggressive driving occurs when an individual commits a combination of moving traffic offenses that endangers other people or property. Behaviors include a variety of dangerous driving maneuvers such as speeding, tailgating, running red light and stop signs, improper passing, and weaving.

Maryland motorists face a penalty of $355 for aggressive driving when they commit at least three of these traffic offenses in close proximity: speeding, disregarding a traffic sign or light, passing another vehicle unsafely, passing another vehicle on the right, driving improperly on a laned road, following another vehicle too closely, and failing to yield the right of way.

Defending against a charge of aggressive driving will often involve creating a defense against the underlying charges. The experienced attorneys at Portner & Shure have represented numerous clients facing aggressive driving charges. They have successfully convinced the court that the state has failed to meet the burden of proof as the police officer has not presented sufficient evidence. If you are facing an aggressive driving charge, you should consult an attorney who is experienced in dealing with traffic violations to help you prevent paying high fines and potential increases in your insurance premium.

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|Obama Takes Another Look at Immigration

Just last week, President Obama ordered a review of the immigration policy that has been strongly criticized as of late. Obama seeks to find ways to soften the effects of the current policy. This decision arose after Obama met with three members of the Congressional Hispanic Caucus and was moved by the pain from which families suffer as a result of the immigration policy. The separation of families is an unwanted effect of the "broken immigration policy." The congressmen implored the President to find a way to relieve the pressure of 11 million illegal aliens. We will have to wait and see how Obama seeks to make a new change.