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 Pedestrians Beware

Why is it that many times the columns in the newspaper that we read the most are written by authors who we like the least? When it comes to the Ravens I can't stand Mike Preston but I always read his column. Another columnist who continuously rubs me the wrong way is Michael Dresser but, once again, I read his column more than just about any other in the Baltimore Sun. He covers issues ranging from DUI law to bicyclists. His last column claimed that Maryland was one of the most dangerous states for pedestrians. I think I agree with Mr. Dresser.

How could I not agree with him there is empirical evidence in support of his position. The Governors Highway Safety Association recently released a report showing that Maryland is one of only four states where more than twenty percent of all road fatalities involve a pedestrian. Maryland is also one of only four where the pedestrian fatality rate is more than 2 per 100,000 residents each year. There have been between 91 and 116 pedestrian deaths each year since 1991. Some blame the high numbers on the compact nature of Baltimore City others blame drivers' attitudes toward pedestrians. In other states drivers slow down when a pedestrian enters a crosswalk, as opposed to Baltimore where it seems more likely that a motorist would hit the gas.

A ticket for a motorist who fails to yield to a pedestrian in a crosswalk carries a $90 fine. In a world where a round of drinks or a nice bottle of wine can quickly approach $100, wouldn't a higher fine be more appropriate considering the possible consequences? After all, the fine for passing a school bus with flashing red lights is $570. The two offenses seem similar but their fines do not reflect the same. New York recently adopted the "Ellie's Law" statute. The statute was named after a three year old girl who, while in a crosswalk, was struck and left in a coma by a motorists in an SUV reversing to claim a parking spot. The law automatically suspends the license of any driver who strikes a pedestrian while driving recklessly. Maryland laws do not go so far, however, aggressive litigation against the motorists on behalf of the injured will discourage motorists' indifference towards pedestrians and at the same time help recover damages for any treatment and pain and suffering. Portner & Shure handles many cases involving pedestrians each year and refuses to accept negligent driver's excuses or claims of contributory negligence.

Maryland Judge to Stand Trial for Drunk Driving

A Washington County Circuit Court Judge is scheduled to stand trial for allegedly driving under the influence. He is accused of operating his sports-utility vehicle while intoxicated and sideswiping another vehicle in Hagerstown, Maryland. The driver of the other vehicle was treated for minor injuries. The Hagerstown Police Department indicated that the Judge has a blood-alcohol level of .18 percent. This is more than twice the legal limit.

This is an example of how a person in a position of power can also be punished in accordance with the laws of the state. The individual he struck could make a claim against his insurance carrier for his or her bodily injuries. Had this accident occurred in Virginia the injured person would be entitled to punitive damages in addition to any bodily injury recovery.

If you, a family member, or someone you know was involved in an automobile accident as the result of a person being intoxicated or if you would like more information on car accidents, please contact Portner & Shure for a free consultation.