Comprehensive Crime Bill of 2018

The criminal justice landscape in Maryland is changing fast and has become a litmus test for states around the country in dealing with their respective law enforcement concerns. It is important you keep appraised of changes in the law and utilize the assistance of a lawyer whose job it is to monitor such changes. Maryland has somewhat of a mixed record in the last few years The incarcerated person’s rate has dropped substantially indicating that legislative reforms have successfully diminished the prison population and given the context of the over-incarceration crisis in the United States this could be seen as a great victory. However, the recent spike in violent crimes in Maryland has led many to speculate that less prisoners has to lead to more violence on the streets. The violence increase is especially notable in Baltimore which has seen a ghastly upswing in shootings and murders.  Thus, Maryland lawmakers have sought to emphasize violence reduction and prevention in the last legislative session by passing a package of bills aimed at stemming and reversing the upsurge in violent crime. Some of these bills passed and others did not, but it is well-worth knowing what changes could be on the horizon for the Maryland criminal justice system.

School Safety

One of the first and most overwhelmingly successful bills put before the General Assembly was a bill, known as the Maryland Safe to Learn Act, designed to help school safety as a response to a shooting that left two high school students dead in Maryland. School safety has been a huge topic in the national discourse and many state legislators cited concerns about the possibility of more children being maimed and killed in educational facilities. The bill provides a number of guidelines and requirement to be met by educational facilities. For instance, public high schools will be required to employee a school resource officer or have an adequate plan to coordinate with law enforcement officers. Legislators have also set aside approximately $41 million in the budget to make all sorts of school safety improvements with $10 million reserved for policing school shootings. Senate President Thomas Miller stated, "People on both sides of the aisle came together to make this happen, and it's a big bill." After the bill cleared the General Assembly with strong support, it was sent to the Governor’s Office where Governor Hogan signed the bill into law.

Expungement

Law and order issues have been thrust to the forefront by advancing violent crimes rates, especially in Baltimore and thus have refueled many criminal justice debates that are happening on a national scale as well. The comprehensive bills favored by the Governor and the State Senate floundered in the House of Delegates for being too tough on crime and to the detriment of civil liberties. Thus emerged a more compromised bill than the one initially sought by those seeking to reinstitute tougher criminal justice policies. This watered-down bill contains provisions sought by both, the most important of which are the news rules regarding expungement. Expungement is a process that clears an individual’s record in the eyes of the law. This process can allow people who served their time to not be eternally haunted by the stigma of having been incarcerated. The House of Delegates included a provision that would allow those convicted of burglary, theft, and possession with intent to distribute drugs to get their record expunged after 15 years. Many civil liberty advocates hailed this decision, while other merely saw it as small token in a bad bill. A vocal minority in the legislature saw it and not going far enough. One Delegate, Jheanelle K. Wilkins (D-Montgomery), said that fifteen years is overly burdensome and that ten years would be more appropriate. However, this could change many people’s lives and is therefore a noteworthy edition to the bill.

Mandatory, Minimum, and Maximum Sentences

This bill is full of provisions that run the gamut from “tough on crime” to strengthening civil liberties, but one provision that was stripped from the bill was to double the maximum sentence of those second-time offenders caught with a firearm in commission of a related drug trafficking offense. The provision appeared in the original Senate bill and was supported by the Governor’s Office, but was stymied when reaching the House of Delegates. Many legislators cited civil liberties, over incarceration issues, and perhaps most importantly lack of evidence showing an increase in maximum sentences would have any effect on the violent crime rate. The stripping of this provision, like the above-mentioned expungement, was hailed as only a minor victory in the fight against what some legislators see as a draconian crime bill. However, the same advocates that praised stripping the maximum sentence provision criticized the bill for requiring that 10 year mandatory minimums for second-time violent offenders be served in full with no possibility of parole or suspension.

More Bipartisan Ventures

Criminal justice reform can often be a slow-moving process, but in this case Maryland has acted swiftly to address the needs of its citizens. Although there is much to disagree about in the content and provisions of the new crime bill, many legislators are focusing on the portions that are by-in-large agreeable. One example is making fentanyl illegal to distribute. This provision was met with bipartisan support and easily made its way through the vetting of the bill. Another example is increasing the criminal penalty for witness intimidation.

To Conclude

The Maryland legislature is what sets the course for criminal justice in the state. Therefore, it is paramount as a citizen of Maryland to be familiar with the activities of legislature, not only with regard to criminal justice, but all of their activities. This keeps are elected officials accountable to the people. It is also important to know your rights and to current state of the law. Criminal justice reform is of particular importance because in Maryland the pendulum swings far and often. You should be aware of what your state is doing to combat violence and promote the common good. At the Law Offices of Randolph Rice, we know the law and how it is applied. We have professionals ready, willing, and able to help you navigate this ever-changing legal environment.

Bench Warrants in Maryland

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Baltimore Maryland Criminal Defense Attorney - G. Randolph Rice Jr. #Ba...

Dundalk Maryland Lawyer G Randolph Rice Jr. 410-288-2900

Dundalk Maryland Lawyer Randolph Rice's latest video blog.  Call the office if you have a new matter and need legal help in Dundalk, Maryland. 410-288-2900.

What is a Stet in Maryland | Maryland Criminal Defense Attorney

FAQ Blog: Stet in a Maryland Criminal Case

In our latest video blog, Maryland Criminal Defense Attorney G. Randolph Rice, Jr., explains;

• What is a Stet;
• What does a Stet means;
• What happens after a case is marked Stet in Maryland?
• How do I get a Stet in a Maryland criminal case?
• Can I expunge a Stet?
• When can I expunge a Stet?

If you have been charged criminally or with a serious traffic offense in Maryland, call attorney Randolph Rice, at 410-288-2900 or email him for immediate legal help and to discuss a Stet.

Maryland Theft Lawyer | Theft Less Than $1000 | Theft Less Than $100

Theft Lawyer Maryland - G. Randolph Rice, Jr.

Maryland Theft Law - FAQ

The theft laws in Maryland are codified under Maryland Criminal Law Code §7-104.  If you have been charged with theft or facing theft charges in Maryland, call attorney G. Randolph Rice, Jr. at 410-288-2900 or you can click here to email him directly for immediate legal help.

Maryland Theft Lawyer
G. Randolph Rice, Jr
410-288-2900

Maryland Theft Lawyer

If you need a theft lawyer in Maryland, call criminal defense attorney G. Randolph Rice, Jr. at 410-288-2900 for immediate legal help.

What is theft in Maryland?  You can be charged with theft in Maryland under a number of different scenarios.  Below are a the most common theft scenarios in Maryland:

1. Unauthorized control over property. This means a person may not willfully or knowingly obtain or exert unauthorized control over property, if the person: (1) intends to deprive the owner of the property; (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.
2. Unauthorized control over property by deception. This means a person may not obtain control over property by willfully or knowingly using deception, if the person: (1) intends to deprive the owner of the property; (2) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (3) uses, conceals, or abandons the property knowing the use, concealment, or abandonment probably will deprive the owner of the property.
3. Possessing stolen personal property. This means a person may not possess stolen personal property knowing that it has been stolen, or believing that it probably has been stolen, if the person: (i) intends to deprive the owner of the property; (ii) willfully or knowingly uses, conceals, or abandons the property in a manner that deprives the owner of the property; or (iii) uses, conceals, or abandons the property knowing that the use, concealment, or abandonment probably will deprive the owner of the property.  The key to this section is that you believed that probably was stolen. This is one of the more common theft crimes in Maryland, people receive an item and then try to pawn the item and it turns out the item is stolen.  The State will try and prove that the Defendant knew or should have known the item was stolen based on factors such as; where they obtained the item or how much they pawned the item for. 
1. In the case of a person in the business of buying or selling goods, the knowledge required under this subsection may be inferred if: (i) the person possesses or exerts control over property stolen from more than one person on separate occasions; (ii) during the year preceding the criminal possession charged, the person has acquired stolen property in a separate transaction; or (iii) being in the business of buying or selling property of the sort possessed, the person acquired it for a consideration that the person knew was far below a reasonable value.
2. In a prosecution for theft by possession of stolen property under this subsection, it is not a defense that: (i) the person who stole the property has not been convicted, apprehended, or identified; (ii) the defendant stole or participated in the stealing of the property; (iii) the property was provided by law enforcement as part of an investigation, if the property was described to the defendant as being obtained through the commission of theft; or (iv) the stealing of the property did not occur in the State.
3. Unless the person who criminally possesses stolen property participated in the stealing, the person who criminally possesses stolen property and a person who has stolen the property are not accomplices in theft for the purpose of any rule of evidence requiring corroboration of the testimony of an accomplice.
4. Control over property lost, mislaid, or delivered by mistake. This means a person may not obtain control over property knowing that the property was lost, mislaid, or was delivered under a mistake as to the identity of the recipient or nature or amount of the property, if the person:
1. knows or learns the identity of the owner or knows, is aware of, or learns of a reasonable method of identifying the owner;
2. fails to take reasonable measures to restore the property to the owner; and
3. intends to deprive the owner permanently of the use or benefit of the property when the person obtains the property or at a later time.
5. Services available only for compensation. This means a person may not obtain the services of another that are available only for compensation:
1. by deception; or
2. with knowledge that the services are provided without the consent of the person providing them.
1. Inference of intention or knowledge. Under this section, an offender's intention or knowledge that a promise would not be performed may not be established by or inferred solely from the fact that the promise was not performed.

If you are in need of a criminal defense lawyer in Maryland a theft case, call attorney Randolph Rice at 410-288-2900 to schedule a free legal consultation.

Penalty for theft in Maryland (Jail and Fines)

1. A person convicted of theft of property or services with a value of at least $1,000 but less than $10,000 is guilty of a felony.  If convicted, the person is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both; and shall restore the property taken to the owner or pay the owner the value of the property or services;
2. A person convicted of theft of property or services with a value of at least $ 10,000 but less than $100,000 is guilty of a felony. If convicted, a person is subject to imprisonment not exceeding 15 years or a fine not exceeding $15,000 or both and shall restore the property taken to the owner or pay the owner the value of the property or services.
3. A person convicted of theft $100,000 or more is guilty of a felony is subject to imprisonment not exceeding 25 years or a fine not exceeding $25,000 or both and shall restore the property taken to the owner or pay the owner the value of the property or services.
4. A person convicted of theft of property or services with a value of less than $ 1,000, is guilty of a misdemeanor and is subject to imprisonment not exceeding 18 months or a fine not exceeding $500 or both and shall restore the property taken to the owner or pay the owner the value of the property or services.
5. A person convicted of theft of property or services with a value of less than $100 is guilty of a misdemeanor and is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both shall restore the property taken to the owner or pay the owner the value of the property or services.

Repeat Offender and Enhanced Penalties for Theft in Maryland

Anyone in  Maryland who has two or more prior convictions under the theft statute and who is convicted of theft of property or services with a value of less than $1,000 is guilty of a misdemeanor and: is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both and shall restore the property taken to the owner or pay the owner the value of the property or services.

For the court to impose that penalty the State's Attorney must serve notice on the defendant or the defendant's counsel before the acceptance of a plea of guilty or nolo contendere or at least 15 days before trial that (i) the State will seek the penalties and (ii) lists the alleged prior convictions.

Failure to pay for motor fuel after dispensing in Maryland

If a person is convicted in Maryland of the violation "failure to pay for motor fuel after the motor fuel was dispensed into a vehicle", the court shall: (i) notify the person that the person's driver's license may be suspended under §16-206.1 of the Transportation Article and (ii) notify the Motor Vehicle Administration of the violation.

There is a statute of limitations for failing to pay for motor fuel after dispensing in Maryland. A prosecution for a violation shall be commenced within 2 years after the commission of the crime.

There is also a special jurisdiction and venue rule for failing to pay for motor fuel in Maryland. A person who violates this section by use of an interactive computer service may be prosecuted, indicted, tried, and convicted in any county in which the victim resides or the electronic communication originated or terminated.


If you've been charged with any section of the theft laws in Maryland, call attorney Randolph Rice at 410-288-2900 for immediate legal help.

Police Investigating Subway Robbery in Catonsville

Baltimore County Police Investigating Robbery

Baltimore County Police are investigating the robbery of a Subway store in the 5300 block of Baltimore National Pike in Catonsville.

On January 26 at approximately 8:06 p.m., two suspects approached the store’s manager outside the store and forced him inside. Once inside, the suspects took cash from the safe and fled the scene.

• Suspect #1: Black male 35-45 years old, 5’11”, 200 lbs, wearing a black puffy coat and a black beanie cap with a brim and a white snowflake pattern. 
• Suspect #2: Black male 25-35 years old, 5’11”, 180 lbs, wearing a black puffy vest, black hooded sweatshirt and dark colored jeans. This suspect was armed with a handgun.

Anyone with information on this incident or the suspects is asked to call Baltimore County Police at 410-887-2017 or 410-307-2020, or Metro Crime Stoppers at 1-866-7LOCKUP.

Callers to Metro Crime Stoppers

Click here to read more for the Baltimore County Police: Police Investigating Subway Robbery in Catonsville

Probation Before Judgment (PBJ) in Maryland (MD) - FAQ Answered by a Maryland Criminal Lawyer

Probation Before Judgment or "PBJ" in Maryland

If you need a Maryland criminal lawyer or traffic lawyer, call attorney Randolph Rice at 410-288-2900 or email him directly for immediate legal help.

What is a Probation Before Judgment?

Maryland Criminal Procedure § 6-220 defines probation before judgment as follows:

§6-220. Probation before judgment

(b) In general.
(1) When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation subject to reasonable conditions if:
(i) the court finds that the best interests of the defendant and the public welfare would be served; and
(ii) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea.

(2) Subject to paragraphs (3) and (4) of this subsection, the conditions may include an order that the defendant:
(i) pay a fine or monetary penalty to the State or make restitution; or
(ii) participate in a rehabilitation program, the parks program, or a voluntary hospital program.

(3) Before the court orders a fine, monetary penalty, or restitution, the defendant is entitled to notice and a hearing to determine the amount of the fine, monetary penalty, or restitution, what payment will be required, and how payment will be made.

(4) Any fine or monetary penalty imposed as a condition of probation shall be within the amount set by law for a violation resulting in conviction.

(5) As a condition of probation, the court may order a person to a term of custodial confinement or imprisonment.

(c) Participation in treatment and education programs.

(1) When the crime for which the judgment is being stayed is for a violation of § 21-902 of the Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article, the court:
(i) before imposing a period of probation, may order the Department of Health and Mental Hygiene to evaluate the defendant in accordance with § 8-505 of the Health - General Article;
(ii) if an evaluation was ordered under item (i) of this paragraph, shall review the evaluation before imposing a period of probation; and
(iii) shall impose a period of probation and, as a condition of the probation:

1. shall require the defendant to participate in an alcohol or drug treatment or education program approved by the Department of Health and Mental Hygiene, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition; and

2. may prohibit the defendant from operating a motor vehicle unless the motor vehicle is equipped with an ignition interlock system under § 27-107 of the Transportation Article.

(2) When the crime for which the judgment is being stayed is for a violation of any provision of Title 5 of the Criminal Law Article, the court shall impose a period of probation and, as a condition of probation, require the defendant to participate in a drug treatment or education program approved by the Department of Health and Mental Hygiene, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition.

(d) Conditions under which probation before judgment prohibited. Notwithstanding subsections (b) and (c) of this section, a court may not stay the entering of judgment and place a defendant on probation for:

(1) a violation of § 21-902 of the Transportation Article or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article, if within the preceding 10 years the defendant has been convicted under § 21-902 of the Transportation Article (this pertains to prior DUI convictions) or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article, or has been placed on probation in accordance with this section, after being charged with a violation of § 21-902 of the Transportation Article (this means if you received a PBJ for a DUI in the past 10 years, you are not eligible for another PBJ within that 10 year period proceeding) or § 2-503, § 2-504, § 2-505, § 2-506, or § 3-211 of the Criminal Law Article;

(2) a second or subsequent controlled dangerous substance crime under Title 5 of the Criminal Law Article, except that the court may stay the entering of judgment and place a defendant on probation for possession of a controlled dangerous substance under § 5-601 of the Criminal Law Article if:
(i) the defendant has been convicted once previously of or received probation before judgment once previously for possession of a controlled dangerous substance under § 5-601 of the Criminal Law Article;
(ii) the court requires the defendant to graduate from drug court or successfully complete a substance abuse treatment program as a condition of probation; and
(iii) the defendant graduates from drug court or successfully completes a substance abuse treatment program as required;

(3) a violation of any of the provisions of §§ 3-303 through 3-307, §§ 3-309 through 3-312, § 3-315, or § 3-602 of the Criminal Law Article for a crime involving a person under the age of 16 years; or

(4) a moving violation, as defined in § 11-136.1 of the Transportation Article, if:

(i) the defendant holds a provisional license under § 16-111 of the Transportation Article; and

(ii) the defendant has previously been placed on probation under this section for the commission of a moving violation while the defendant held a provisional license.

(e) Waiver of right to appeal.

(1) By consenting to and receiving a stay of entering of the judgment as provided by subsections (b) and (c) of this section, the defendant waives the right to appeal at any time from the judgment of guilt.

(2) Before granting a stay, the court shall notify the defendant of the consequences of consenting to and receiving a stay of entry of judgment under paragraph (1) of this subsection.

(f) Effect of violation of probation. On violation of a condition of probation, the court may enter judgment and proceed as if the defendant had not been placed on probation.

(g) Effect of fulfillment of conditions of probation.

(1) On fulfillment of the conditions of probation, the court shall discharge the defendant from probation.

(2) The discharge is a final disposition of the matter.

(3) Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.

(i) Custodial credit. If an individual violates the terms of probation, any time served by the individual in custodial confinement shall be credited against any sentence of incarceration imposed by the court.

Can I an expungement after a probation before judgment in Maryland?

Yes, but you must wait three (3) years after the end of probation.   That means if you receive a probation before judgment ("PBJ") and you are placed on three years of probation, you must wait another three years from the end of your probation to file for expungement in Maryland.

Does a PBJ go on my record?

A PBJ is not a conviction and if you are asked by a potential employer or school if you have been convicted, you can honestly answer, No.  However, the reality is that most employers and schools have the knowledge to look at the Maryland Judiciary Case Search.  If they look on that site, they will be able to search by your name and find any charges, what your plea was and what the outcome or disposition in the case.

A PBJ is not a bad outcome in most criminal cases as an alternative to a guilty, which you can never expunge from your record absent a pardon from the Governor of Maryland, which does not happen very often.

If you have been charged with a crime or traffic violation, contact the Law Offices of G. Randolph Rice, Jr., LLC at 410-288-2900 for immediate legal help.

Baltimore County Police Make Arrest in Dundalk MD 14 Year Old Murder-for-Hire Case

Man Charged in 14-Year-Old Dundalk Murder Case

Baltimore County Press Release: Reprint -  March 21, 2014

"Fourteen years after the murder of 24-year-old Heidi Bernadzikowski in her Dundalk townhome, Baltimore County Police homicide detectives have arrested and charged her boyfriend with hiring someone to kill her.

This week, Stephen Michael Cooke Jr., 43, of the 1000 block of Englishman Harbour, Pasadena, 21122, was charged with first-degree murder. He was arrested in Anne Arundel County and is held without bail at the Baltimore County Detention Center.

Police have believed almost from the beginning of this case that Cooke, who was the victim's boyfriend and lived with her in the 2000 block of Codd Avenue, conspired to kill Ms. Bernadzikowski, but detectives have been unable to prove his involvement. A breakthrough came recently, when one of the co-conspirators -- Alexander Charles Bennett, 34, of Greeley, Colorado -- identified Cooke as the person behind the murder. Bennett is in the Baltimore County Detention Center, awaiting trial.

Bennett was charged with first-degree murder in January 2012 after police discovered DNA evidence linking him to the crime. The investigation shows that Cooke hired Bennett and another conspirator, Grant A. Lewis, also of Colorado, to kill Bernadzikowski. Cooke wanted to collect a $700,000 insurance policy he had purchased on the victim months earlier, police believe.

Lewis, 35, of the 2500 block of Locust Street, Denver, Co., was arrested in Baltimore this week and is charged with conspiracy to commit murder. He is held without bail at BCDC.

The investigation shows that Cooke contacted Bennett and Lewis via the Internet and entered into a murder-for-hire agreement with them. Lewis was the middle man and remained in Colorado; Bennett traveled to Maryland and committed the murder, strangling Bernadzikowski and cutting her throat.

Homicide detectives do not believe there are any additional suspects in this case.

"We have been seeking justice in this case for a long time," said Police Chief Jim Johnson. "Our Homicide detectives deserve credit for never giving up on these cold cases. They never forget these victims and their families, and they tirelessly pursue leads over many years. This time, their work has paid off.""

Maryland State Police Are Investigating a Shooting in Harford County Maryland

Maryland State Police Press Release

03/21/2014 05:51

POLICE SHOOTING IN HARFORD CO. UNDER INVESTIGATION

(ABERDEEN, MD) -- A burglary suspect who rammed several police cars and injured an officer was fatally wounded by police after a pursuit that ended at an I-95 rest area early this morning.

Preliminary information indicates shortly before 2:30 a.m. today, a burglary was reported at a Target store in Aberdeen. Officers from the Aberdeen Police Department responded and spotted the suspect fleeing the store. The suspect refused to stop and rammed his vehicle into an Aberdeen Police patrol car, injuring the officer and disabling the police car.

A pursuit ensued throughout the area and onto both north and southbound I-95. Additional police cars from the Aberdeen Police Department and the Maryland State Police were rammed by the suspect during the pursuit.

The pursuit ended on the I-95 southbound entrance ramp to the Maryland House rest area when police fired at the suspect, who was the sole occupant of the vehicle. The suspect was flown to the University of Maryland Shock Trauma Center where he was pronounced deceased.

The Maryland State Police Homicide Unit is on the scene conducting the investigation. The Harford County State's Attorney has been notified and will be reviewing the investigation upon completion.

The southbound ramp to the Maryland House is expected to be closed for several hours, due to extensive scene processing. Traffic on southbound I-95 is not affected.

Additional information will be provided as it becomes available. The investigation is continuing.

From the Maryland State Police Press Release.

Keep Calm and Call Your Lawyer - G. Randolph Rice, Jr.

Criminal Defense Lawyer Essex Maryland (MD) - Attorney G. Randolph Rice, Jr.

Criminal Defense Lawyer in Essex, Maryland – G. Randolph Rice, Jr.

Have you been charged with a crime in Essex, Maryland?  You now need a criminal defense lawyer to
discuss your options and possible defenses as well as preserve any evidence that may be destroyed or lost as time goes on.

Should I hire a lawyer if facing criminal charges in Essex,Maryland?

Call attorney Randolph Rice at 410-288-2900 or email him directly for immediate legal help.

You should always hire a lawyer if you are facing any type of criminal or traffic charge.  A lawyer can be valuable in explaining the charges, the maximum penalty, investigating the case, negotiating with the State’s Attorney, and providing any legal defenses.

Who should I call if I am arrested in Essex, Maryland?

You could call the Law Offices of G. Randolph Rice, Jr.,LLC, at 410-288-2900.  You can speak with their Essex, Md criminal defense attorney G. Randolph Rice, Jr.  Attorney Rice is a former Assistant State’s Attorney and for years has been defending individuals charges with criminal crimes and traffic offenses in Essex, Md. 

What happens after I am charged with a crime in Essex, Maryland?

If you are arrested, you will be taken to the police precinct for the area in which you are arrested.  The police will begin the booking process where they will collect information about you and the alleged crime. The police do have the option of asking you questions at the scene or back at the police precinct.  You do not have to answer any of the police’s questions and instead can invoke your right to remain silent.  The more you tell the police, the more evidence they will have at trial to use against you.  Once the police have completed the booking and questioning, they may take you before a court commissioner to have the charges reviewed and a bail/bond set.  If the commissioner sets a bail/bond, then you have the option of posting that bail/bond at that time or they police will transport you to the local detention center to await a bail review hearing.  Most bail review hearings will occur the next day unless you are arrested on Friday, Saturday, or Sunday, then the bail review will occur the following Monday.  If you do not post the bail/bond, then you will be held at the detention center until the trial date is set.  If you are charged with a misdemeanor then your case will be heard in one of the District Courts.  If you are charged with a felony, your case will be heard in the Circuit Court. 

What happens after I am charged with a felony in Essex, Maryland?

If you have been charged with a felony, then you have 10 days after you have seen a court commissioner to request a preliminary hearing.  If request a preliminary hearing, then a date will be set in the District Court to have a Judge decide if there is probable cause to move forward with all charges.  The State’s Attorney’s Office will review your case and they may still allow the preliminary hearing to occur, at which time they may reduce the charges down to misdemeanors or they may have a hearing for the Judge to decide if there is probable cause to move forward with the felony charges.  The State’s Attorney also has the option of pulling the case from the preliminary hearing and taking it before a Grand Jury to determine if there is probable cause to move forward.  The individual charged does not have the ability to stop the State’s Attorney from taking the case before the Grand Jury.  If the charged individual does not request a preliminary hearing, the State’s Attorney could also file a criminal information and have the case transferred to the Circuit Court to be prosecuted.

If you are facing criminal or traffic charges in Essex, Maryland, contact an Criminal Defense Attorney in Essex, Maryland at 410-288-2900 and schedule a free, no-obligation, consultation to discuss your charges.

The Law Offices of G. Randolph Rice, Jr., LLC, handles all criminal and traffic cases and has helped thousands of clients realize the best possible result in their case.

• Alcohol Violations;
• Arson;
• Assault (First Degree Assault and Second Degree Assault);
• Bad Check;
• Burglary (First, Second, Third, and Fourth Degree Burglary);
• Car Theft;
• Carjacking;
• Carrying Weapon;
• Computer Crimes;
• CDS (Controlled Dangerous Substance);
• Dangerous Weapons;
• Disorderly Conduct;
• Domestic Violence;
• Driving on Suspended License;
• Driving Without a License;
• DUI (driving under the influence);
• DWI (driving while impaired);
• Drunk Driving;
• Drug Possession;
• Drunken Boating;
• False Statement;
• Firearm Charges;
• Forgery;
• Fraud;
• Gambling and Gaming;
• Handgun;
• Homicide;
• Indecent Exposure;
• Juvenile Criminal Charges;
• Manslaughter;
• Murder;
• Obstructing and Hindering;
• Possession of Drugs;
• Prescription Forgery;
• Rape;
• Sex Offenses;
• Theft;
• Trespass;
• Weapon Crimes;
• All misdemeanors and felonies in Maryland.

Contact the office for a free consultation and speak with a criminal defense attorney in Essex, Md.

Law Offices of G. Randolph Rice, Jr., LLC

6914 Holabird Avenue

Baltimore, Maryland 21222

410-288-2900 (24/7)

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Penalty for Possession With Intent to Distribute in Maryland - Marijuana Defense Lawyer

Maryland Laws and Penalties - Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance

Possession with intent to distribute marijuana laws in Maryland.  Even though the Maryland Legislature is considering decreasing the penalties for possession of marijuana in Maryland, they have shown no interest in decreasing the penalties for distribution and manufacturing crimes in Maryland.   Don't let one mistake ruin your life, call me today for immediate legal help.

Maryland Drug Defense Lawyer - G. Randolph Rice, Jr., call 410-288-2900 for immediate legal help.

The current Maryland Law proscribes the following penalties for marijuana:

• Possession of marijuana - less than 10 grams: Misdemeanor, Maximum penalty 90 days and/or $500 fine.
• Possession of marijuana (either less than or more than 10 grams): Misdemeanor, Maximum 1 year and/or $1,000 fine.
• Possession of marijuana with the intent to distribute:
• Less than 50 lbs.: felony, Maximum 5 years and/or $15,000 fine.
• More than 50 lbs.: felony, Maximum penalty 5 years and/or $15,000 fine, mandatory 5 years without parole.
• Repeat offenders may face mandatory penalties.

Maryland Law and Penalty Details for Possession With Intent to Distribute

Maryland Criminal Law Code Ann. § 5-602 (2014)

§ 5-602. Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance

A person may not:

(1) distribute or dispense a controlled dangerous substance; or

(2) possess a controlled dangerous substance in sufficient quantity reasonably to indicate under all circumstances an intent to distribute or dispense a controlled dangerous substance.

Maryland Criminal Law Code Ann. § 5-607 (Updated in 2014)

§ 5-607. Penalties -- Certain crimes

(a) In general. Except as provided in §§ 5-608 and 5-609 of this subtitle, a person who violates a provision of §§ 5-602 through 5-606 of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $ 15,000 or both.

(b) Repeat offender.

(1) A person who has been convicted previously under subsection (a) of this section shall be sentenced to imprisonment for not less than 2 years.

(2) The court may not suspend the mandatory minimum sentence to less than 2 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

Maryland Criminal Law Code Ann. § 5-612 (2014)

§ 5-612. Volume dealer
(a) Unlawful amounts. -- A person may not manufacture, distribute, dispense, or possess:

(1) 50 pounds or more of marijuana;

(2) 448 grams or more of cocaine;
(3) 448 grams or more of any mixture containing a detectable amount of cocaine;
(4) 50 grams or more of cocaine base, commonly known as "crack";
(5) 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(6) any mixture containing 28 grams or more of morphine or opium or any derivative, salt, isomer, or salt of an isomer of morphine or opium;
(7) 1,000 dosage units or more of lysergic acid diethylamide;
(8) any mixture containing the equivalent of 1,000 dosage units of lysergic acid diethylamide;
(9) 16 ounces or more of phencyclidine in liquid form;
(10) 448 grams or more of any mixture containing phencyclidine;
(11) 448 grams or more of methamphetamine; or
(12) any mixture containing 448 grams or more of methamphetamine.

(b) Aggregation of amounts. For the purpose of determining the quantity of a controlled dangerous substance involved in individual acts of manufacturing, distributing, dispensing, or possessing under subsection (a) of this section, the acts may be aggregated if each of the acts occurred within a 90-day period.

(c) Enhanced penalty.

(1) A person who is convicted of a violation of subsection (a) of this section shall be sentenced to imprisonment for not less than 5 years and is subject to a fine not exceeding $ 100,000.

(2) The court may not suspend any part of the mandatory minimum sentence of 5 years.

(3) Except as provided in § 4-305 of the Correctional Services Article, the person is not eligible for parole during the mandatory minimum sentence.

If you have been charged with distributing, possessing with intent to distribute, or dispensing controlled dangerous substance in Maryland, call attorney G. Randolph Rice, Jr., at 410-288-2900 for immediate legal help or email him directly by clicking here.

G. Randolph Rice, Jr.

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Edgemere Maryland (MD) Lawyer - Criminal Law, DUI, DWI, Traffic Tickets - G. Randolph Rice

Edgemere Maryland (MD) Lawyer

Do you need an attorney in Edgemere Maryland for:

• Criminal Defense;
• DUI;
• DWI;
• Traffic Ticket.

Call the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900 for immediate legal help. Attorney Randolph Rice, is a private attorney located at: 6914 Holabird Avenue, Suite A, Baltimore, Maryland 21222.

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Attorney Randolph Rice represents clients charged with:

• Felonies;
• Misdemeanors;
• Driving under the influence of alcohol;
• Driving while impaired by alcohol;
• Drunk Driving; and
• Traffic Tickets.

If you are facing a Court date in one of the following counties or cities, call the office at 410-288-2900 or email Mr. Rice by clicking here.

• Baltimore County;
• Baltimore City;
• Harford County;
• Howard County;
• Anne Arundel County; or
• Ocean City, Maryland.

Mr. Rice has been recognized by his peers as a Super Lawyer - Rising Star and is a member of:

• American Bar Association;
• Maryland Bar Association;
• Baltimore County Bar Association;
• Maryland Criminal Defense Attorneys Association.

G. Randolph Rice, Jr.

Is Second Degree Assault a Misdemeanor or Felony in Maryland?

Is Second Degree Assault a Misdemeanor or Felony in Maryland?

Assault Defense Lawyer in Maryland
Is Second Degree Assault a Misdemeanor
or Felony in Maryland

This is a question I get asked a lot as a criminal defense lawyer in Maryland.  The answer is 2nd degree assault is a misdemeanor in Maryland.

If you are convicted of second degree assault in Maryland, you could be facing a maximum penalty of 10 years in jail and/or a $2,500.00 fine.

Q: What should you do if charged with 2nd degree assault in Maryland?

A: Call a license Maryland criminal defense attorney that handles second degree assault charges in the jurisdiction where you are charged.

You want to make sure you hire a lawyer that is known by both the Judges and State's Attorneys or prosecutors in the County where you are charged.

I have been representing clients charged with 2nd Degree Assault for years in the following counties and cities:

• Baltimore County;
• Baltimore City;
• Harford County;
• Howard County;
• Anne Arundel County; and
• Ocean City, Maryland.

Let me help resolve your second degree assault charges in Maryland with a favorable outcome.  Most 2nd degree assault cases hinge on:

• The statements made by the victim;
• The statements made by any witnesses;
• The photos taken by the police;
• The photos taken by the victim;
• The medical reports from the hospital or doctors;
• The 911 call tapes;
• Any other evidence collected at the scene.

Making sure that type of evidence is not seen by the Judge in trial is imperative to the success of most assault cases in Maryland.

Contact my office at 410-288-2900 to schedule a free consultation or click here to email me directly.

Law Offices of G. Randolph Rice, Jr. LLC 

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Criminal Lawyer Baltimore Maryland

Criminal Defense Lawyer Baltimore, Maryland

Do you need a criminal lawyer in Baltimore, Maryland call attorney Randolph Rice, at 410-288-2900 for immediate legal help or click here to email him directly?

Baltimore Maryland Criminal Lawyer
G. Randolph Rice, Jr.
410-288-2900
RiceLawMd@gmail.com

Have you been charged with a crime (misdemeanor or felony) in:

• Baltimore County, Md.;
• Baltimore City, Md.;
• Harford County, Md.;
• Howard County, Md.;
• Anne Arundel County, Md.; or
• Ocean City, Maryland.

You want to contact a lawyer that handles criminal law cases in Baltimore, Maryland.  Contact my office at 410-288-2900 to speak with attorney Randolph Rice.

Mr. Rice is a former Assistant State's Attorney in Maryland and a private attorney since 2009.  He has handled thousands of criminal law cases in and around Baltimore, Maryland.

Let his experience go to work for you in the court room.  If you have been charged with any of the following crimes in Maryland, call my office today to schedule a free consultation:

• Alcohol Violations;
• Arson & Malicious Burning;
• 1st / 2nd Degree Assault;
• Bad Check;
• Bail / Bonds;
• Burglary (1st, 2nd, 3rd & 4th);
• Carjacking;
• Controlled Dangerous Substances;
• Destruction of Property;
• Disorderly Conduct;
• Domestic Violence;
• Drug Crimes;
• False Statement;
• Firearms;
• Forgery;
• Fraud;
• Gambling / Gaming Crimes;
• Harassment;
• Homicide / Murder;
• Indecent Exposure;
• Kidnapping;
• Malicious Destruction of Property;
• Manslaughter;
• Minors / Juvenile Crimes;
• Murder;
• Natural Resource Violations;
• Obstructing and Hindering;
• Peace / Protective Orders;
• Prescription Drug Crimes;
• Rape;
• Resisting Arrest;
• Robbery / Armed Robbery;
• Sexual Offenses;
• Theft;
• Trespassing;
• Weapon Crimes.

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Call the office today at 410-288-2900 if you have been charged with a crime or facing criminal charges in Baltimore, Maryland.

Driving While Suspended - Driving on Suspended License in Maryland - License Suspension Md

Driving While Suspended - Driving on Suspended License in Maryland - License Suspension Md

Written by Traffic Defense Attorney and Driving on Suspended Lawyer - G. Randolph Rice, Jr., 410-288-2900 on June 13, 2012

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Driving on a Suspended License - Everything you ever want to know about driving on or while your license is suspended in Maryland

Maryland Driving on Suspended License Penalty - Contact Maryland Driving While Suspended Lawyer G. Randolph Rice, Jr., at 410-288-2900 to discuss your traffic citations, insurance consequences, MVA points, and how to defend your driving on suspended charges.  We offer free no-obligation consultations to drivers charged with a license suspension in Maryland.

Contact Attorney G. Randolph Rice, Jr., at 410-288-2900 (24/7).

Most people that have never had a traffic ticket are surprised to learn that driving on a suspended license in Maryland is a "must appear" ticket and carries the potential for jail time.  If it is your first offense for driving on suspended license, then you are probably not going to go to jail, so stop planning your escape to Mexico.  If your license or privilege to drive in Maryland has been suspended, canceled, or revoked, there are answers and a chance to fix the problem before you go to Court.  Contact my office at 410-288-2900 for immediate help and ask for Attorney G. Randolph Rice, Jr.

Driving while suspended (16-303) citations are charged in the District Court of Maryland and that is where you will have to appear to answer the charges of driving while suspended. Driving on suspended licence charges in Maryland as classified as misdemeanors. As an attorney that appears in the District and Circuit Court on a daily basis, I would bet I handle at least 2-4 driving while suspended cases a week in the District Courts for Maryland.   Most of the case that we see result in drivers that are pulled over while they are suspended for failing to appear for a trial date on a much less serious traffic offense.  In 2011, the Maryland legislature change the requirement for all "payable" traffic citations in Maryland.  Before January 2011, if you received a traffic ticket and the maximum penalty was a fine, then you would receive a Court date in the mail about 4-6 weeks after the traffic stop.  Now, if you are charged with a "payable" ticket, then you have to request either a waiver or trial date within 30 days or you have to pay the ticket within that 30 days after the stop.  What most people do is they place the ticket in their glove compartment and forget about the ticket.  After that 30 day period the MVA notifies the Court and the Court then tells the MVA that you have failed to take action on the ticket.  The Court then orders the MVA to suspend your license until you pay the ticket.  This inaction by drivers leads to most of the cases of driving on a suspended license.  If you fail to pay that fine and you are pulled over then the police will charge with you Transportation Article 16-303(h).  If you are charged with 16-303(h) then you are facing a maximum penalty of 60 days and $500.00 fine or both.  

Click Driving While Suspended - Driving on Suspended License in Maryland - License Suspension Md to learn more.

Driving on Suspended License in Maryland::Penalty for Driving on Suspended License in Maryland

Driving Motor Vehicle on Highway on Suspended License and Privilege to Drive in Maryland - Call 410-288-2900 for immediate help.

Have you been charged with driving on suspended license in Baltimore County, Harford County, Howard County, Anne Arundel County, Baltimore City Maryland.  Contact the driving on suspended license defense attorney G. Randolph Rice, Jr., at 410-288-2900.

Mr. Rice is a private attorney that has helped thousands of clients defend and resolve their driving on suspended driver’s license charges.

What is the penalty for Driving on Suspended Driver’s License in Maryland?

It depends on the subsection of the traffic code that you are charged with.

Penalties -- $500 and 2 months. -- Any person who is convicted of a violation of any of the provisions of the following sections of this article is subject to a fine of not more than $ 500 or imprisonment for not more than 2 months or both:
§ 16-303(h) ("Licenses suspended under certain provisions of Code");
§ 16-303(i) ("Licenses suspended under certain provisions of the traffic laws or regulations of another state");

Penalties -- $1,000 and 1 year; $1,000 and 2 years. -- Any person who is convicted of a violation § 16-303(a), (b), (c), (d), (e), (f), or (g) of this article ("Driving while license is canceled, suspended, refused, or revoked")
For a first offense, a fine of not more than $ 1,000, or imprisonment for not more than 1 year, or both; and
For any subsequent offense, a fine of not more than $ 1,000, or imprisonment for not more than 2 years, or both.

Is driving on a suspended license a felony or misdemeanor in Maryland?

Click Driving on Suspended License in Maryland::Penalty for Driving on Suspended License in Maryland to learn more.