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.
Showing posts with label Lawyer. Show all posts
Showing posts with label Lawyer. Show all posts
Monday, April 14, 2014
Wednesday, April 9, 2014
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?
Monday, March 24, 2014
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.
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.
Friday, March 21, 2014
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.
Wednesday, March 19, 2014
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.
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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Tuesday, March 18, 2014
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
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.
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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.
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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.
- Baltimore County;
- Baltimore City;
- Harford County;
- Howard County;
- Anne Arundel County; or
- Ocean City, Maryland.
- American Bar Association;
- Maryland Bar Association;
- Baltimore County Bar Association;
- Maryland Criminal Defense Attorneys Association.
Wednesday, December 26, 2012
Driving While Suspended - Driving on Suspended License in Maryland - License Suspension Md
Driving While Suspended - Driving on Suspended License in Maryland - License Suspension Md
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.
Wednesday, September 26, 2012
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");
§ 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.
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.
Tuesday, November 8, 2011
Possession of Rifle or Shotgun in Maryland with Previous Conviction now Illegal
Attention: All the hunters and gun owners in Maryland, as of October 1, 2011, it is now illegal to possess a rifle or shotgun if you were previously convicted of a crime of violence or specific statute that applies to the distribution, possession with intent to distribute, or dispensing controlled dangerous substance.
If you are found guilty of possessing a rifle or shotgun in Maryland after October 1, 2011, and have been convicted of a prior qualify crime, then you could face up to 15 years incarceration and a felony conviction on your record.
For further reading and information, I have included the text of the Maryland Public Safety statute as well as all defining statues and titles of the statutes mentioned in the new law.
(a) In general. -- A person may not possess a rifle or shotgun if the person was previously convicted of:
(1) a crime of violence; or
(2) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article.
(b) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.
(c) Violation is separate crime. -- Each violation of this subsection is a separate crime.
Maryland Public Safety 5-201. Definitions
(b) Rifle. -- "Rifle" has the meaning stated in § 4-201 of the Criminal Law Article.
(e) Shotgun. -- "Shotgun" has the meaning stated in § 4-201 of the Criminal Law Article.
Maryland Public Safety 5-101 Definitions
(c) Crime of violence. -- "Crime of violence" means:
(1) abduction;
(2) arson in the first degree;
(3) assault in the first or second degree;
(4) burglary in the first, second, or third degree;
(5) carjacking and armed carjacking;
(6) escape in the first degree;
(7) kidnapping;
(8) voluntary manslaughter;
(9) maiming as previously proscribed under former Article 27, § 386 of the Code;
(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;
(11) murder in the first or second degree;
(12) rape in the first or second degree;
(13) robbery;
(14) robbery with a dangerous weapon;
(15) sexual offense in the first, second, or third degree;
(16) an attempt to commit any of the crimes listed in items (1) through (15) of this subsection; or
(17) assault with intent to commit any of the crimes listed in items (1) through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.
Maryland Criminal Law Sections Titles:
5-602. Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance.
5-603. Equipment to produce controlled dangerous substance.
5-604. Counterfeit substance.
5-605. Keeping common nuisance.
5-612. Volume dealer.
5-613. Drug kingpin
5-614. Importer of certain controlled dangerous substances.
If you are facing a charge of illegal possession of a rifle or shotgun in Maryland, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900. We have helped thousands of Maryland residents with their criminal and weapons charges, let our experience go to work for your in the Courtroom.
Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Dundalk, Maryland 21222
410-288-2900 (office 24/7)
RiceLawMD@gmail.com
(a) In general. -- A person may not possess a rifle or shotgun if the person was previously convicted of:
(1) a crime of violence; or
(2) a violation of § 5-602, § 5-603, § 5-604, § 5-605, § 5-612, § 5-613, or § 5-614 of the Criminal Law Article.
(b) Penalty. -- A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 15 years.
(c) Violation is separate crime. -- Each violation of this subsection is a separate crime.
Maryland Public Safety 5-201. Definitions
(b) Rifle. -- "Rifle" has the meaning stated in § 4-201 of the Criminal Law Article.
(e) Shotgun. -- "Shotgun" has the meaning stated in § 4-201 of the Criminal Law Article.
Maryland Public Safety 5-101 Definitions
(c) Crime of violence. -- "Crime of violence" means:
(1) abduction;
(2) arson in the first degree;
(3) assault in the first or second degree;
(4) burglary in the first, second, or third degree;
(5) carjacking and armed carjacking;
(6) escape in the first degree;
(7) kidnapping;
(8) voluntary manslaughter;
(9) maiming as previously proscribed under former Article 27, § 386 of the Code;
(10) mayhem as previously proscribed under former Article 27, § 384 of the Code;
(11) murder in the first or second degree;
(12) rape in the first or second degree;
(13) robbery;
(14) robbery with a dangerous weapon;
(15) sexual offense in the first, second, or third degree;
(16) an attempt to commit any of the crimes listed in items (1) through (15) of this subsection; or
(17) assault with intent to commit any of the crimes listed in items (1) through (15) of this subsection or a crime punishable by imprisonment for more than 1 year.
Maryland Criminal Law Sections Titles:
5-602. Distributing, possessing with intent to distribute, or dispensing controlled dangerous substance.
5-603. Equipment to produce controlled dangerous substance.
5-604. Counterfeit substance.
5-605. Keeping common nuisance.
5-612. Volume dealer.
5-613. Drug kingpin
5-614. Importer of certain controlled dangerous substances.
If you are facing a charge of illegal possession of a rifle or shotgun in Maryland, contact the Law Offices of G. Randolph Rice, Jr., LLC, at 410-288-2900. We have helped thousands of Maryland residents with their criminal and weapons charges, let our experience go to work for your in the Courtroom.
Law Offices of G. Randolph Rice, Jr., LLC
6914 Holabird Avenue, Suite A
Dundalk, Maryland 21222
410-288-2900 (office 24/7)
RiceLawMD@gmail.com
Wednesday, September 14, 2011
What is a Stet in Maryland Courts for Criminal Cases
Stet in Maryland: Explained by a Maryland Criminal Defense Attorney
that took effect through July 1, 2011 ***
MARYLAND RULES
TITLE 4. CRIMINAL CAUSES
CHAPTER 200. PRETRIAL PROCEDURES
(a) Disposition by stet. On motion of the State's Attorney, the court may indefinitely postpone trial of a charge by marking the charge "stet" on the docket. The defendant need not be present when a charge is stetted but if neither the defendant nor the defendant's attorney is present, the clerk shall send notice of the stet to the defendant, if the defendant's whereabouts are known, and to the defendant's attorney of record. Notice shall not be sent if either the defendant or the defendant's attorney was present in court when the charge was stetted. If notice is required, the clerk may send one notice that lists all of the charges that were stetted. A charge may not be stetted over the objection of the defendant. A stetted charge may be rescheduled for trial at the request of either party within one year and thereafter only by order of court for good cause shown.
(b) Effect of stet. When a charge is stetted, the clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of the charge, unless the court orders that any warrant or detainer shall remain outstanding.
What is a Nolle Prosequi in Maryland Criminal Cases
that took effect through July 1, 2011 ***
MARYLAND RULES
TITLE 4. CRIMINAL CAUSES
CHAPTER 200. PRETRIAL PROCEDURES
Md. Rule 4-247 (2009)
Rule 4-247. Nolle prosequi
(a) Disposition by nolle prosequi. The State's Attorney may terminate a prosecution on a charge and dismiss the charge by entering a nolle prosequi on the record in open court. The defendant need not be present in court when the nolle prosequi is entered, but if neither the defendant nor the defendant's attorney is present, the clerk shall send notice to the defendant, if the defendant's whereabouts are known, and to the defendant's attorney of record. Notice shall not be sent if either the defendant or the defendant's attorney was present in court when the nolle prosequi was entered. If notice is required, the clerk may send one notice that lists all of the charges that were dismissed.
(b) Effect of nolle prosequi. When a nolle prosequi has been entered on a charge, any conditions of pretrial release on that charge are terminated, and any bail bond posted for the defendant on that charge shall be released. The clerk shall take the action necessary to recall or revoke any outstanding warrant or detainer that could lead to the arrest or detention of the defendant because of that charge.
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| Nolle Prosequi Maryland Criminal Defense Attorney G. Randolph Rice, Jr., Esquire |
Thursday, September 8, 2011
FAQ for Baltimore County Bail Review Hearings in Towson Maryland (MD)
Bail Review Hearings in Towson District Court Baltimore County, Maryland FAQ / Everything you ever wanted to know about a Bail Hearing in Baltimore County, Towson District Court.
Q: What happens after someone is arrested in Baltimore County, Maryland?
A: They will be processed (booked) at the precinct and then taken before a commissioner at one of the District Courts in Baltimore County, either Catonsville, Towson, or Essex.
Call the Baltimore County Bail Hearing Lawyer at 410-288-2900
Q: What happens when a person arrested goes before a commissioner?
A: The commissioner will review the charges, determine if there is probable cause to go forward with the charges and set a bail or release the individual on their own recognizance.
Q: What happens if the commissioner sets a bail pending trial in Baltimore County, Maryland?
A: If the commission sets a bail then the person would have to post that bail to be released pending trial. (See our page on bail in Baltimore County, Maryland)
Call the Baltimore County Bail Hearing Lawyer at 410-288-2900
Q: Will the person charged be seen by a Judge for a bail hearing?
A: Yes, the person charged will see a Judge to a bail hearing in Baltimore County the day after they are arrested. If a person is arrested on a Friday, Saturday, or Sunday, then that person will appear before a Judge on Monday.
Q: Should I hire an attorney for the bail/bond review hearing?
A: Yes, contact the Baltimore County Bail Review Hearing Attorney, G. Randolph Rice, Jr., at 410-288-2900. They are available 24/7 for immediate bail review help in Baltimore County Maryland.
Q: What is the background of attorney G. Randolph Rice, Jr.?
A: Mr. Rice is a former Assistant State's Attorney that has handled thousand of criminal cases as both a Assistant State's Attorney and a private attorney. He is located in Baltimore County and is known by all the Judges and court personnel. You can contact Mr. Rice at 410-288-2900, there is no obligation to contact Mr. Rice and he offers a free consultation to all potential clients to discuss their case and feel comfortable with handling their criminal case.
Q: Where will the bail review hearing be held for people arrested in Baltimore County, MD?
A: All initial bail hearings for people arrested in Baltimore County are held in the Towson District Court.
Call the Baltimore County Bail Hearing Lawyer at 410-288-2900
Q: What time are bail review hearings in Baltimore County, Maryland?
A: All bail hearing in Baltimore County are held at 1:00 p.m.
Q: Who will be the Judge that determines the bail in the bail hearing?
A: There is no way of knowing until the day of the bail hearing, the Judges change each day in Courtroom 1 and they can even change on the day of the hearing.
Call the Baltimore County Bail Hearing Lawyer at 410-288-2900
Q: Where should I park for the Towson District Court?
A: There is metered parking on the streets around the Towson District Court as well as a parking garage right next door to the Towson District Court.
Q: Should I contact a bail bonds company before the bail review hearing in Towson District Court?
A: Yes, you should contact a bail bonds company before the hearing, or if you choose to hire the Baltimore County Bail Hearing Attorney G. Randolph Rice, Jr. (410-288-2900), they will make sure a bail bonds company if present to help have your loved on get released immediately after the bail hearing.
Call the Baltimore County Bail Hearing Lawyer at 410-288-2900
Q: What are bail companies that handle bails in Baltimore County, Maryland?
A: We use four different companies for bail hearings and bails in Baltimore County: EastCoast Bailbonds, Got Bail?, Freedom Fighters Bail Bonds, and Strong Arm Bail Bonds.
Q: What is the advantage of having the Law Offices of G. Randolph Rice, Jr., LLC (410-288-2900) represent my loved one in the bail review hearing in Towson, Maryland?
A: The Law Offices of G. Randolph Rice, Jr., LLC, has over 75 points of argument to present to the Court as well as brings valuable arguments and perspective to the Court to assist in reducing bail or assisting a loved ones release on their own recognizance.
Q: Who is the lawyer that handles bail review cases in Baltimore County Towson District Court?
A: Attorney G. Randolph Rice, Jr., he can be contacted 24/7 at 410-288-2900. He will be able to answer all of your bail questions over the phone and then meet you across the street at his Towson Office before the hearing to review the case and formulate a strategy.
Q: What does a Judge consider in a bail review hearing?
A: There are hundreds of factors the Judge considers, that is why it is so important to have a lawyer that can make the best argument to the Judge.
Q: Can I talk at the bail hearing if I am not a lawyer?
A: Not usually, the Judge only wants to hear from pre-trial and possible the accused. That can be dangerous, anything the accused says at the bail hearing can be used against him at a later hearing or trial.
Q: What happens if I cannot afford the bail?
A: Then Mr. Rice can file for additional bail reviews or a writ of habeas corpus in the Circuit Court for Baltimore County, Maryland and try to have the bail lowered.
Q: What happens after someone is arrested in Baltimore County, Maryland?
 |
| Baltimore County, Maryland Criminal Charges |
Call the Baltimore County Bail Hearing Lawyer at 410-288-2900
Q: What happens when a person arrested goes before a commissioner?
A: The commissioner will review the charges, determine if there is probable cause to go forward with the charges and set a bail or release the individual on their own recognizance.
Q: What happens if the commissioner sets a bail pending trial in Baltimore County, Maryland?
 |
| Baltimore County Criminal Defense Attorney/Bail Hearing Lawyer |
Call the Baltimore County Bail Hearing Lawyer at 410-288-2900
Q: Will the person charged be seen by a Judge for a bail hearing?
A: Yes, the person charged will see a Judge to a bail hearing in Baltimore County the day after they are arrested. If a person is arrested on a Friday, Saturday, or Sunday, then that person will appear before a Judge on Monday.
Q: Should I hire an attorney for the bail/bond review hearing?
A: Yes, contact the Baltimore County Bail Review Hearing Attorney, G. Randolph Rice, Jr., at 410-288-2900. They are available 24/7 for immediate bail review help in Baltimore County Maryland.
Q: What is the background of attorney G. Randolph Rice, Jr.?
A: Mr. Rice is a former Assistant State's Attorney that has handled thousand of criminal cases as both a Assistant State's Attorney and a private attorney. He is located in Baltimore County and is known by all the Judges and court personnel. You can contact Mr. Rice at 410-288-2900, there is no obligation to contact Mr. Rice and he offers a free consultation to all potential clients to discuss their case and feel comfortable with handling their criminal case.
 |
| Towson District Court, Maryland |
A: All initial bail hearings for people arrested in Baltimore County are held in the Towson District Court.
Call the Baltimore County Bail Hearing Lawyer at 410-288-2900
Q: What time are bail review hearings in Baltimore County, Maryland?
A: All bail hearing in Baltimore County are held at 1:00 p.m.
Q: Who will be the Judge that determines the bail in the bail hearing?
A: There is no way of knowing until the day of the bail hearing, the Judges change each day in Courtroom 1 and they can even change on the day of the hearing.
Call the Baltimore County Bail Hearing Lawyer at 410-288-2900
Q: Where should I park for the Towson District Court?
A: There is metered parking on the streets around the Towson District Court as well as a parking garage right next door to the Towson District Court.
Q: Should I contact a bail bonds company before the bail review hearing in Towson District Court?
A: Yes, you should contact a bail bonds company before the hearing, or if you choose to hire the Baltimore County Bail Hearing Attorney G. Randolph Rice, Jr. (410-288-2900), they will make sure a bail bonds company if present to help have your loved on get released immediately after the bail hearing.
Call the Baltimore County Bail Hearing Lawyer at 410-288-2900
Q: What are bail companies that handle bails in Baltimore County, Maryland?
A: We use four different companies for bail hearings and bails in Baltimore County: EastCoast Bailbonds, Got Bail?, Freedom Fighters Bail Bonds, and Strong Arm Bail Bonds.
Q: What is the advantage of having the Law Offices of G. Randolph Rice, Jr., LLC (410-288-2900) represent my loved one in the bail review hearing in Towson, Maryland?
A: The Law Offices of G. Randolph Rice, Jr., LLC, has over 75 points of argument to present to the Court as well as brings valuable arguments and perspective to the Court to assist in reducing bail or assisting a loved ones release on their own recognizance.
Q: Who is the lawyer that handles bail review cases in Baltimore County Towson District Court?
A: Attorney G. Randolph Rice, Jr., he can be contacted 24/7 at 410-288-2900. He will be able to answer all of your bail questions over the phone and then meet you across the street at his Towson Office before the hearing to review the case and formulate a strategy.
Q: What does a Judge consider in a bail review hearing?
A: There are hundreds of factors the Judge considers, that is why it is so important to have a lawyer that can make the best argument to the Judge.
Q: Can I talk at the bail hearing if I am not a lawyer?
A: Not usually, the Judge only wants to hear from pre-trial and possible the accused. That can be dangerous, anything the accused says at the bail hearing can be used against him at a later hearing or trial.
Q: What happens if I cannot afford the bail?
A: Then Mr. Rice can file for additional bail reviews or a writ of habeas corpus in the Circuit Court for Baltimore County, Maryland and try to have the bail lowered.
 |
| Law Offices of G. Randolph Rice, Jr., LLC 410-288-2900 Baltimore County Criminal Lawyer |
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