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When Can the Police Enter My Home Without a Warrant?
Normally, the police need a warrant to enter your home over your objections. The general rule is that if you do not give the police permission to enter, they should not be able to come in without a warrant. However, there are a few exceptions to the rule. The police may be able to enter your home without a warrant or permission if there are exigent circumstances. Unfortunately, the police do not always use these exceptions in good faith. Some officers will stretch the truth or make unreasonable assumptions when they want to enter a home. If you were subjected to an unconstitutional search, an experienced Bel Air, MD criminal defense attorney may be able to have evidence gained from the illegal search suppressed.
The Hot Pursuit Exception
If the police are actively chasing a suspect, they can continue chasing him when he enters a private residence. Otherwise, anyone running from the police could easily evade arrest by simply fleeing into someone’s home. This could result in stand-offs while the police wait for the suspect to come out or give fleeing suspects the opportunity to pick up a weapon while the police stand outside.
What to Know About Field Sobriety Tests in the Winter
Field sobriety tests are like speed limits. Speed limits are designed to allow maximum safe speed in fair weather conditions. Field sobriety tests are designed to detect whether someone is over the maximum safe BAC but are also designed to be used in fair weather conditions. When you are pulled over on suspicion of intoxicated driving, the police officers will most likely expect you to take the field sobriety tests wherever you were pulled over. If the weather is clear and above freezing, most sober people will be able to pass these tests. However, if you are trying to take the tests in freezing, snowy weather, the tests might not accurately reflect whether you are sober. An experienced Towson, MD DUI attorney may be able to have the results of your field sobriety tests excluded if this happened to you.
What Are Field Sobriety Tests Measuring?
Field sobriety tests are not scientific tools meant to measure your BAC - only a lab test can do that. Instead, field sobriety tests are meant to help police officers determine whether you appear intoxicated. In short, field sobriety tests are a tool to help police officers justify DUI arrests based on probable cause.
What Happens if a Sex Offender Registers Using False Information?
Being on the sex offender’s registry can lead to a lot of embarrassing and uncomfortable situations. Your neighbors are likely to find out, especially if you are subject to the notification requirement, and they may react strongly. You might be worried about being harassed or having the police called if you do something as innocuous as waving to a group of children while you are getting the mail. There may be backlash at work if word gets out about your status.
It can become tempting to use false information when you update your registration - or to not update it at all. Making a genuine mistake when you write down a new address or employer information is also possible, especially since sex offenders may move or change jobs frequently. If you are caught providing false information or fail to update your registry information, you can be charged with a crime. You will need an aggressive Glen Burnie, MD sex offense attorney to help you.
Do All Criminal Convictions Disqualify You From Owning Guns in Maryland?
While some people with minor misdemeanor convictions retain their firearms rights, most other people who have criminal convictions may be disqualified from owning firearms. Even if your past conviction did not involve a firearm, you might not be permitted to own one anymore. If you have been convicted of any crime that carries more than two years in prison or certain offenses involving violence, you may not be allowed to own a gun in Maryland. Anyone who has been convicted of a crime and owns a gun should consult an experienced Towson firearm attorney to verify that you are not committing another offense by keeping a firearm in your possession.
Felons Cannot Own Firearms in Maryland
People who have been convicted of any felony in Maryland are not permitted to own firearms. This is true even if your felony conviction was for a non-violent offense that had nothing to do with guns. For example, even people who have been convicted of white-collar felonies like embezzlement lose their gun rights in Maryland. While the goal of these restrictions is to keep serious criminals from possessing firearms, these laws affect people who have no history of violence and have never used a gun before.
What Rules do Sex Offenders Have to Follow in Maryland?
If you have been accused of a sex crime, it is important to understand how being a sex offender can affect your life. There are a lot of rules sex offenders have to follow in Maryland, such as making sure to keep your registration up-to-date with any new information. The sex offender’s registry is public, so odds are, the people around you will be aware of your status. If you are convicted, there will be limits on where you can go and what type of work you can do. Depending on the particular offense you are accused of, you may need to register for between 15 years and life. If you are facing charges for a sex crime, you urgently need to contact an experienced Bel Aire, MD sex offenses attorney.
You Must Keep Your Information Current on the Registry
Some of the personal information you will have to ensure is kept up-to-date on Maryland’s public registry include:
If I Was Not Convicted, Can I Expunge My Court Records?
Even if you were not formally convicted of your criminal charges and did not plead guilty, there are still ways that the records from a criminal case you were involved in can come back to haunt you. Records related to your prosecution might still be available to the public and might turn up on a background check. Seeing that you were accused of a crime and prosecuted might make potential employers or professional licensing committees doubt you or believe that you committed a crime and "got off on a technicality." These records can harm your personal reputation as well. If you need records expunged, an experienced Towson, MD criminal defense lawyer can help.
Who Can Expunge Records of a Failed Prosecution?
It is surprisingly common for a person to be arrested and accused of a crime he or she is not ultimately convicted of. Being arrested only shows that one police officer felt that he had probable cause to think you committed a crime. A lot needs to happen after the arrest for the prosecution to secure a conviction. If the case against you was not strong enough to lead to a conviction, or if you agreed to go through a treatment program so your charges would be dropped, your charges should not be held against you.
Can Sex Offenders Have Custody of Their Children in Maryland?
Becoming a sex offender can change your life in a lot of ways. You will no longer be able to work in certain fields that would involve contact with children. You may be subject to the notification requirement, meaning that no matter where you live, your neighbors will be informed of your status immediately. This can make life very difficult. If you are not still living together with your children’s other parent - or if he or she has decided to divorce you in response to your charges - being convicted of a sex crime is very likely to impact your child custody proceedings. If you have been accused of a sex offense, it is important to immediately consult an experienced Towson, MD sex crimes defense attorney.
Sex Offenders May Have Trouble Getting Custody
If you and your children’s other parent are still together, there is no law prohibiting you from living with your own children. However, it is extremely common for people whose spouses or significant others have been accused of a sex crime to immediately terminate their relationship and go to court demanding full custody.
Do I Have to Take a Breathalyzer Test in Maryland?
In Maryland, when you are pulled over on suspicion of driving under the influence (DUI) or driving while impaired (DWI), you do not have to consent to a breathalyzer test. However, under Maryland's implied consent law, by driving on public roads, you have already agreed to submit to chemical tests, such as breath or blood tests, if an officer has reasonable grounds to suspect impairment. Refusing to take the test is within your rights, but it carries serious consequences, both legally and practically. If you have been arrested for a DUI or for refusing a breathalyzer test, your future may be at stake. Contact a Maryland criminal defense attorney right away.
What Happens if I Refuse the Breathalyzer Test?
Refusing a breathalyzer test in Maryland triggers administrative penalties from the Maryland Motor Vehicle Administration (MVA). If you refuse, your driver’s license will be automatically suspended for 270 days for a first refusal. If you refuse again within five years, the suspension increases to two years. You may also be required to install an ignition interlock device on your vehicle. While refusing the test might prevent the police from obtaining direct evidence of your blood alcohol concentration (BAC), prosecutors can still pursue charges based on other evidence, such as erratic driving, failed field sobriety tests, or officer testimony.
Can I Go to Jail for Posting Revenge Porn?
Virtually everyone today owns a smartphone. This is especially true of younger generations, many of whom have been living much of their lives online for as long as they can remember. This includes relationships which, although mostly conducted in person, still have many online aspects.
One of these aspects is the photos and videos that couples often send to each other. Intimate media shared between consensual couples is not a crime, but imagine the relationship ends badly. What happens to those photos and videos if someone decides they want revenge?
In the heat of the moment, one person decides to get back at the other by sharing intimate photos or videos online without consent. Often done out of anger or spite, this behavior is increasingly common and is known as "revenge porn." It can have devastating effects on the victim, causing embarrassment, mental anguish, and damage to their reputation.
Consequences for a Convicted Felon Caught With a Firearm
As a convicted felon in Maryland, possessing a firearm can lead to severe legal consequences. A Maryland lawyer can help you understand the potential penalties and important factors to consider if you find yourself in this situation.
Federal and State Laws
Both federal and state laws prohibit convicted felons from possessing firearms. In Maryland, this restriction applies to all types of firearms, including handguns, rifles, and shotguns. The law aims to protect public safety by keeping weapons out of the hands of individuals with certain criminal histories. This prohibition extends beyond ownership to include any form of possession, even temporary control of a firearm.
It is important to note that these restrictions also cover ammunition and firearm components. The law applies to both actual and constructive possession, meaning a felon can face charges even if the firearm is not directly on their person but is under their control, such as in their home or vehicle.
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