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.

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.

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| Baltimore Cracks Down on Fake IDs

Just this week, the Baltimore County Liquor Board and the Department of Health held a conference in Towson to help business owners recognize fake IDs. More than 200 representatives from 109 businesses showed up to hear an expert, Marty Johnson, dive into the details of spotting fake IDs and the types of people who use them. While fake ID users can be terrorists, identity thieves, criminals, or those with a suspended license, the presentation focused on underage drinkers. Johnson also explains that the three different types of fake IDs are altered genuine IDs, a genuine ID used by another person, or a completely fake ID. He teaches tips, like using face reference points and UV lights, to spot the fakes in each category.

This presentation was a way for the Liquor Board to educate business owners in an effort to scale back on their enforcement. Underage drinkers beware: The bar owners of Baltimore County are now equipped with fresh information on how to spot fake IDs. If you are caught drinking underage, you may face a fine and a suspension of your driver's license. Furthermore, you could put your safety in danger if you choose to drink and drive, along with the possibility of a DUI or DWI. 

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 Criminal Defense Attorney|Baltimore City to Pay $250,000 for Alleged First and Fourth Amendment Violations

The city of Baltimore is set to pay $250,000 to Christopher Sharp who claims that law enforcement officers took his cellphone and deleted a recording he took of police officers making an arrest in 2010. While the police deny the allegations, the attorneys state they are settling the case to resolve the issue at hand in an effort to save time, money, and uncertainties. The way I see it, this is their attempt to assuage public outrage.

Last year, the police conducted an investigation into Mr. Sharp's past in order to portray him as a drug addict, contacting his ex-wife and former employers for personal information. While the police were admonished for their actions, it cannot be denied that some police officers choose to take advantage of the power instilled in them. This case has led to new policies that uphold the right of the individual to record police officers. Thankfully, this is one step towards holding police officers accountable for their actions towards individuals.

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. 

Drug Suspects Cause Car Accident That Results In Fatality

A few weeks ago, two undercover Baltimore City Police officers witnessed a drug transaction between two suspects on Gwynn Oak Avenue in Northwest Baltimore, Maryland. The suspects attempted to evade the police as they sped away from the scene. They struck a civilian vehicle that was being operated by an elderly couple. One of the victims was pronounced dead at the scene while the other was transported to Shock Trauma in serious condition.

After searching the vehicle, the suspects were discovered to be in possession of 38 grams of uncut heroin. They are facing serious drug charges fleeing and alluding charges. They need separate defense counsel, since the driver of the vehicle may face more serious charges and the possibility of vehicular manslaughter.

Although the family of the deceased could pursue a wrongful death claim against the drivers automobile insurance carrier it is highly likely that any claim for property damage or personal injuries would be denied since the vehicle was in the commission of a crime when the accident occurred. In other words, because the suspects were evading the police, the insurance carrier may no longer be responsible for any damages caused as a result thereof. However, an Uninsured Motorist Claim may be pursued to help the injured party with medical expenses or even helped the family of the deceased with burial costs. Further, the police department could have some responsibility for the accident if the investigation revealed they did not follow proper protocol.

If you, a family, member or someone you know has been involved in an automobile accident and sustained bodily injuries or if you would like more information on automobile accidents, please contact Portner & Shure. Our Maryland accident lawyers are available to provide you with a free legal consultation.

Low Speed Police Chase in Frederick County

On April 27, 2010, at approximately 2:45 p.m. a 22-year-old Keedysville woman was charged with fleeing and eluding and driving while impaired by drugs. The Frederick County Police Department saw a car slowly weaving on North East Street. Local traffic was steering around the vehicle in an effort to avoid colliding with the vehicle. After a short pursuit, the police officer apprehended the woman when he noted that she had an odor of PCP on her breathe. After further investigation, the driver was placed under arrest.

It goes without saying that situations involving alcohol or drugs have a greater potential of turning fatal. Driving while impaired is a very serious offense. Not only is a driver putting them at risk but they are putting innocent individuals in danger. Although this incident came to closure with no property or bodily injuries reported, this is not always the case. Most alcohol and drug related offense's end in automobile collision, personal injuries, property damage, or even fatalities.

The driver can be required to submit to a blood test to determine the quantity of PCP in her body. This test must be done within 4 hours of the arrest.

If you, a family member, or someone you know has been involved in an automobile related accident or if you are seeking a criminal defense attorney, feel free to contact us for a free legal consultation. You can contact Portner & Shure for a free consultation. Our Maryland and Virginia accident lawyers are available to speak with you.