What you should know about Maryland’s “antiswatting” law
Law Offices of Elling & Elling | Maryland Criminal Law Blog
by gturnercontentcustoms
5d ago
In an increasingly divided political climate, the practice of “swatting” has become more prevalent. Politicians, judges and other high-profile people have been targeted. So have those less widely known. For example, at the beginning of the year, an assistant principal at a Prince Georges County high school was swatted. Although no one was home when police arrived, she says she was terrified to find them surrounding her property and inside it when she returned. Swatting typically involves falsely reporting a crime or someone in imminent danger with the intent of getting law enforcement to respo ..read more
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The problem with field sobriety tests
Law Offices of Elling & Elling | Maryland Criminal Law Blog
by lbaxtercontentcustoms
1w ago
The police need probable cause before they can arrest a person for drunken driving. They can gather evidence that can be used against a driver by asking them questions, performing chemical tests or having drivers perform field sobriety tests. Field sobriety tests are frequently used, but that does not mean they are always accurate. Many people have been falsely arrested and charged with drunk driving because they failed a field sobriety test. Here is what you should know: 4 kinds of field sobriety tests Field sobriety tests are physical examinations that cause people to move in a way that migh ..read more
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Maryland now links BUI and DUI charges
Law Offices of Elling & Elling | Maryland Criminal Law Blog
by gturnercontentcustoms
2w ago
As the year moves into prime boating season, it’s important to remember that boating under the influence (BUI) can be just as dangerous as driving under the influence. And, that both are illegal. It’s also important for Marylanders to understand how closely DUI and BUI offenses are connected. While they used to be considered separately by the courts when it came to repeat offenses (and, therefore more serious consequences), that changed last year. What does the law say? The law states, in part, that “certain previous convictions for drunk or drugged operation of a vehicle or vessel and grossly ..read more
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3 options to challenge a DUI charge
Law Offices of Elling & Elling | Maryland Criminal Law Blog
by kreed
3w ago
Many people face charges after the police arrest them on suspicion of driving under the influence (DUI) of alcohol. It’s a very common charge, and it’s likely that plenty of people you know have faced these in the past. Yet, just because it is common does not mean it is something you can take lightly. A DUI conviction could turn your life upside down. Hence, it is wise to learn about the variety of defense options available if you face charges: 1. Challenging the results on which the charge is based If you face DUI charges, the prosecution will likely rest much of their case on your failure to ..read more
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Can your social media activity hurt your defense?
Law Offices of Elling & Elling | Maryland Criminal Law Blog
by msmithcontentcustoms
1M ago
If you have recently been charged with criminal wrongdoing, you need to be aware of the ways in which your digital footprint can impact the outcome of your case. Technically, anything that you text, email or otherwise electronically communicate to others could potentially be used to undermine the strength of your criminal defense. But, of particular note is your social media activity. While law enforcement officers generally need a warrant to see your texts or your phone records, for example, social media platforms are public. Therefore, your social media activity is particularly easy to obtai ..read more
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Got a protective order against you in Maryland? Read this
Law Offices of Elling & Elling | Maryland Criminal Law Blog
by kreed
1M ago
Something happened, and the police got involved – and now you have a temporary protective order against you while you’re waiting on a formal hearing. What now? You will eventually get to tell your side of the situation in court and fight the allegations and the order. In the meantime, however, there are some critical mistakes you need to avoid: 1. Going back to your shared home to pick up a few things If you share a residence with the protected person, you will probably be required to vacate the premises immediately. Under no circumstances should you stop back to pick up anything – not even sp ..read more
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What makes young people drink and drive?
Law Offices of Elling & Elling | Maryland Criminal Law Blog
by msmithcontentcustoms
1M ago
Maryland has a zero-tolerance policy on drunk driving, and this includes young people under the age of 21. That means that young drivers can be criminally charged and face severe penalties if caught driving under the influence. As well as fines and potential jail time, a DUI conviction can have long-term ramifications for young individuals. For example, a young person may be kicked out of college as a result of charges and a conviction and they may struggle to obtain work. So, what is it that encourages some young people to drink and drive? Fear of missing out Alcohol tends to be advertised in ..read more
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The legality of your traffic stop matters to your DUI case
Law Offices of Elling & Elling | Maryland Criminal Law Blog
by gturnercontentcustoms
1M ago
Getting pulled over by the police can be stressful, especially if you’re suspected of driving under the influence (DUI). However, not all traffic stops are legal, and understanding your rights in these situations can make a big difference in the outcome of your case. When the police pull you over without legally justifiable reasons, it may be considered an unlawful stop. The Constitution protects you from arbitrary searches and seizures by law enforcement, and an illegal stop is a violation of these rights. Your DUI case may benefit in significant ways if you were stopped unlawfully. The court ..read more
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Can you be released from probation early in Maryland?
Law Offices of Elling & Elling | Maryland Criminal Law Blog
by msmithcontentcustoms
2M ago
Probation offers an attractive alternative to incarceration but can still feel like a weight on your shoulders. It limits your freedom and casts a shadow over your everyday life. What if you could have a chance to break free from probation sooner than expected? If you qualify, early termination is possible, offering an opportunity to reclaim your life. What are your options? The most consistent and widely available path to early release from probation is filing a traditional petition with the court. Under Maryland law, you may file a petition for early termination after serving at least one-th ..read more
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The problem with eyewitness testimony in court
Law Offices of Elling & Elling | Maryland Criminal Law Blog
by lbaxtercontentcustoms
2M ago
For as long as the justice system has existed, eyewitness testimony has been a cornerstone of trials. While the usefulness of this testimony cannot be ignored, the fact that it can be used to subvert justice has led to various safeguards and criteria for its admissibility. This is to help ensure that only reliable and credible eyewitness testimony is presented in court. Here are some common scenarios where eyewitness testimony might be challenged or excluded. Lack of corroborating evidence When there is a lack of other evidence to support the eyewitness testimony, it may be challenged for reli ..read more
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