In a story written by the Associated Press and published online by the Washington Post, roughly 1.5 million teens are "toking up" 20 or more times per month these days. And across the board, the Partnership is reporting hefty percentage increases in marijuana usage, from casual to habitual.
Some people view experimentation with some types of drugs as a "right of passage" for teens. Others are strictly against it. Still, across the nation, you're finding an increasing push toward legalizing marijuana for medical purposes, and those who support full legalization for all purposes often argue that marijuana is no worse - and perhaps even better - than drinking alcohol.
Yet young people facing drug charges will have trouble finding a job with a criminal record, for starters. That's not a good way to start out, which is why teens deserve a strong defense.
Source: Survey finds long decline in teen pot use has reversed
]]>Why Tide and why now?
Nobody knows for sure, but the spike likely has nothing to do with laundry.
According to the National Retail Federation, Tide is not a common target of shoplifters. Far more commonly targeted are smaller items like electric toothbrushes and razor blades, the federation says, which makes sense, as even the smallest bottle of liquid Tide would be hard to conceal under a coat.
But if Tide theft keeps increasing, observers who track the trends in retail theft might have to start asking why and digging deeper.
Some estimates blame shoplifting for $15 to $30 billion lost by companies every year, which translates to serious consequences if you face shoplifting charges.
In Maryland, those facing shoplifting charges involving less than $100 in merchandise could find themselves facing a misdemeanor, which will go on the criminal record if convicted. Go above that $100 amount, however, and penalties could be more severe, including significant jail time.
Source: Triangle not immune to the trendy Tide thefts sweeping across the country
]]>At issue was whether the police needed a warrant to gather evidence of cocaine trafficking via GPS surveillance (the police put a tracker on the defendant's vehicle).
Legal commentators are saying that it's a landmark Fourth Amendment case concerning privacy in light of technological advances, which all started when a joint local and federal law enforcement task force began investigating the defendant, a club owner, in 2004.
]]> The police suspected that he was engaged in trafficking cocaine.Apparently a search warrant was issued to install a GPS device on the defendant's vehicle, but the task force did not actually install it until the day after the warrant expired. The tracking device provided 24-hour surveillance - the defendant's comings and goings, exactly where and when, without the police having to be bothered to actually get into a squad car.
Based on information obtained from the tracking device, the defendant was linked to a drug house and later convicted of conspiracy to distribute cocaine.
He was given a life sentence.
But last year an appeals court overturned the conviction, ruling on grounds that GPS surveillance was a violation of his Fourth Amendment rights, which sent the case up to the U.S. Supreme Court in January 2012.
The Court affirmed the lower court's ruling, a victory for the defendant, unanimously stating that in this case the defendant's vehicle was constitutionally protected from the warrantless search, while a concurring opinion recognized GPS tracking as having the potential to seriously invade citizens' privacy.
The case is back in the lower courts, where prosecutors are attempting to get cell phone tower data introduced as evidence.
Source: Prosecutors Gear Up For GPS Drug Case, Sans Tracking Data
]]>At approximately 4 a.m., the reservist awoke to the sound of police using a bullhorn calling his name and asking him to come outside. He obliged and opened the door, where he was greeted by nearly 20 officers on his lawn. He then walked outside the home and locked the door behind him. He was promptly handcuffed and put in the back of a SWAT vehicle. One officer asked for the keys to him home and when he refused, the officer disregarded his clear refusal to allow officers in his home by ordering officers to force their way into the home, resulting in what appears to be an unreasonable search.
]]> Once in police custody, the reservist was taken to a hospital for medical evaluation, and was finally released after several days. Then, upon his release, the police arrested him again and kept him in custody for more than two weeks.When he was eventually allowed to return home, he found that his house had been horribly damaged and left unlocked and unsecured.
The constitution guarantees certain rights to all American citizens, like the residents of Baltimore and greater Maryland, where we practice criminal defense law. We know that the authorities cannot conduct searches of homes without probable cause, and that the police should be held accountable when they do.
Source: That's Not The Help He Wanted
]]>Clarke Ahlers rightly challenges his two opponents for a judgeship...
[Correction to earlier version of blog post: Clarke Ahlers has argued in the U.S. Supreme Court, not in front of the U.S. Supreme Court; everything else stands as-is, including my opinion that you cast your vote for Clarke Ahlers.]
Let's be clear: I'm going to make a pitch for you to vote for Clarke Ahlers, who has entered the Howard County Judicial race, but in order for me to convince you, we'll start with the basics about judges.
]]> Circuit Court Judges Sit on the Bench for 15 YearsCircuit court judges in Maryland are elected every 15 years and must retire at age 70. Circuit court judges go through a process of being nominated to a "committee" appointed by the governor. After an interview process, names are sent to the governor for selection and appointment.
But here is where it gets interesting.
Even though the governor appoints the judge and that judge is sworn in, he or she must stand for election.
And in my humble opinion, there is a classic checks-and-balances issue on the line right now.
With long 15-year terms, there's a danger in electing a judge who allows himself or herself to become closed-off from the average citizen's concerns.
Elections involving judgeships have been looked at by voters as a "special" kind of race for too many years, and unless voters happen to know a lot about our judicial system, or get entangled in it at some point in their lives, most voters simply don't care. (Hence the old saying: "You don't need a good lawyer, until you need one!")
If voters knew better, they'd elect someone like Clarke Ahlers.
Judges have a responsibility to interpret the law and protect citizens while on the same hand understanding and being informed about issues and things that really matter to the public. Take the civil rights movement of the 1950s and 1960s. Protesters were jailed left and right and suffered grave mistreatment at the hands of both the police and the public. Ultimately, these protesters were taken in front of judges and the judges gave them harsh punishments.
Here's my point: judges must understand who they are dealing with in the courtroom, within the context of the broader social situation-and a 15-year appointment is longer than any other state appointment in Maryland (even U.S. senators are elected only every six years). In other words, long terms can mean a disconnection from the broader community.
After all, when was the last time you walked into a courthouse and felt like you had a good experience?
Too often, people feel like outsiders. Most people tell me that they felt absolutely no control over their situation-that the lawyers and the judges "rule the show," as they say.
But a judge with a clear understanding of the average citizen's broader issues-like Clarke Ahlers-will be better able to serve you when you walk into the courtroom.
Ahlers's many years spent defending individual peoples' constitutional rights and running his own law office as a business gives him that community connection, and I think it is time that the Howard County courthouse is given back to the citizens.
And Clarke Ahlers is the right person for the job.
Ahlers was a police officer for 14 years, then a criminal defense lawyer for 25. Talk about experience. Ahlers has been in more Maryland courtrooms, handled more cases of notoriety and interest, seen more trials and tried more cases than all of this opponents put together.
He has even argued in front of the Supreme Court of the United States.
Just search his name on Google and confirm this for yourself.
So, when Ahlers's opponents talk about real experience, it's clear to me that he has them outranked.
Vote for Clarke Ahlers for Howard County Judge.
Sincerely,
Jim Crawford, Esq.
February 2012
But here are some surprising statistics: In the past five years there has been a 30 percent drop in DWI arrests, and according to the Centers for Disease Control and Prevention, DWI arrests are actually at their lowest mark in two decades.
What explains this?
]]> There are several possible reasons for the decline in DWI arrests.First, it could be that with the down economy, fewer people are frequently the bars, opting instead to drink at home.
Second, DWI laws continue to get harsher. People may be starting to realize that the consequences of a DWI conviction - especially a repeat offense or a conviction arising out of an alcohol-related car wreck - aren't getting any lighter, and range from indefinite driver's license suspension to significant time behind bars.
Third, DWI is expensive. From paying for the ignition interlock device on your vehicle, a device which prevents the car from starting up if you've been drinking, to an alcohol anklet that monitors your blood-alcohol content 24 hours a day (and, possibly, your whereabouts), the penalties for drunk driving are getting more and more intrusive and more and more expensive.
All of these factors combined could be causing people to be a little more careful before they get behind the wheel.
Source: Examiner, "With DUI arrests down inexperienced attorneys scramble for business," by John Peige, 10/17/11
]]>William Marks, a spokesman for the Academy, said, "The military holds its service members to the highest standards of personal accountability. The military process is fair, impartial and deliberate - we support the findings of the jury," as Walker reports.
Marks goes on to say: "The Navy has zero tolerance for sexual assault."
Often, evidence of sex assault or rape is "insufficient" to support courts-martial.
A report goes out every year in December that details the number of sexual assaults at the U.S. Naval Academy, the Air Force Academy and the U.S. Military Academy at West Point - according to the 2008 and 2009 reports, 56 percent of female cadets and midshipmen reported "some form of sexual harassment" in the year prior to the reports.
Source: The Baltimore Sun, "Former midshipman sentenced to six months in military prison for rape of classmate," by Childs Walker, 09/30/11
]]>It began after her parent's divorce (she goes by the pseudonym "Melissa"). After the divorce, Melissa began to use drugs. Shortly thereafter, a sex trafficker masquerading as Melissa's boyfriend made sure she was regularly high and "sold her for sex up and down the I-95 corridor," dumping her on Baltimore City streets once she was "used up."
Today she's addicted to drugs and engages in prostitution - it's the only thing she knows as a victim of human trafficking, the "second largest and fastest growing criminal enterprise in the world," according to Happick and Allert.
Happick and Allert write that dollars we spend in three weeks fighting the "War on Drugs" is what we spend in an entire year fighting human trafficking.
Source: The Baltimore Sun, "Fight the scourge of sex trafficking," by Beth Happick and Jeanne Allert, 08/15/2011
]]>Ken Rossignol does just that (runs a website called DWI Hit Parade) with "probably 20,000 names and probably pushing a thousand pictures. I don't know. I haven't thought about it that hard," Rossignol says, as Jay Korff reports for ABC 7 News. Rossignol publishes the names and faces of anyone charged with DUI/DWI.
]]> And for Rossignol, it's personal. His brother was killed by a drunk driver in 1975, after his brother caught a ride hitchhiking. The driver who picked him up had been drinking and apparently ran off the road.Rossignol's editorial methods are harsh. He's what you might call an old-fashioned "muckraker," going after sensational stories and writing about the people involved, using words like "dirt bag" and "heathen" to describe those who are accused of crimes.
But, in Rossignol's case, it's the facts of the stories themselves that make the stories sensational - Rossignol does not add anything to them other than his particular editorial style. When anyone is injured or killed by a drunk driver (or in car accidents that do not involve alcohol) it's a major loss for everyone involved, from the driver who caused the accident to the driver who didn't.
As Korff reports, Rossignol says, "This personalizes what is a horrible national tragedy."
Source: ABC 7 News, "Ken Rossignol takes to the web to expose DWI drivers," by Jay Korff, 06/30/2011
]]>According to Stanford Law School's Joan Petersilia (one of the editors of the publication), a governor, for example, should be able to read the publication and be able to trust it when he or she is making decisions regarding public policy as it relates to criminal law. As Gest reports, Petersilia said, "Public policy goes awry when legislators react in a knee-jerk way."
]]> Crime & Public Policy has been available since 1983 and draws on "the most comprehensive, sophisticated intelligent thinking that academics had to offer," said Petersilia.It is fortunate that something like Crime & Public Policy exists, because, as Gest writes, being "tough on crime" still gets votes - and most criminal defense attorneys would likely agree with that. Given the Draconian measures in place for any alleged sex crime, and the wide-ranging scope of what is classified as a sex crime in the state of Maryland, it seems as though some public policy has gone too far.
When it comes to sex offenders, Petersilia said, "it's five percent of the criminal population that drives half of the policy discussions." She goes on to say this: "The restrictions may make the public seem safe but aren't consistent with the evidence," referring to lifetime monitoring of sex offenders and residence restrictions.
Avoiding "knee-jerk" creation of public policy is important. As anyone charged with a sex crime in Maryland knows, there is no such thing as a minor sex crime.
Source: The Crime Report, "A Criminal Justice Primer for Policymakers," by Ted Gest, 06/06/11
]]>But the MLB fine for two baseball players arrested for driving under the influence (DUI)? No fines.
]]> This shows that - yes, there are certainly repercussions for a drunk driving arrest in criminal law, as any DWI defense attorney will tell you - but there may be nothing to worry about when it comes to MLB discipline if you're a professional ballplayer. Baltimore's Jeremy Guthrie seems to argue just that.As reported by Crasnick, Guthrie said, "As an individual, I don't necessarily want Major League Baseball or anyone else to do anything. I would just hope the players involved can be more responsible, just as I would expect any standard licensed driver to be responsible, because you're putting someone's life in danger. The only difference between receiving a DUI and killing someone is luck."
That is sometimes true. It's also often true that many "drunk" drivers are first-time offenders just over the legal limit. It only takes a few drinks or less, depending on body type and other factors, to go over the limit. Cast in those terms, an arrest for drunk driving is a mistake that could happen to anyone.
The common first-time DUI offender's circumstances and behavior (a couple drinks, a poor decision and bad luck) draw a stark contrast between the behavior of one professional ballplayer, Miguel Cabrera, who, when pulled over by the police, took a pull from his bottle of Scotch whisky right in front of the officer.
]]>Back in early February, we wrote about a case in which a 48-year-old director of B-Moor Youth Services, a faith-based youth mentoring organization in Baltimore, was accused of committing sex crimes against a 15-year-old client of the organization (one of the charges included rape). The allegations shocked the city and threatened the man's freedom, reputation and career. However, prosecutors later dropped all charges against the defendant.
]]> According to the police, the man had started a relationship with the young girl last December. Authorities were convinced that the two had consensual sex several times at his residence in northwest Baltimore. Eventually, the girl allegedly told her parents about the relationship, which led to the man's arrest. He was charged with rape, child abuse, and assault, among other charges.The Baltimore State's Attorney noted that the recent decision to drop all charges against the youth mentor was "based on a careful and thorough review of the evidence." When pressed for further explanation, none was given. The public is left to wonder if the case was dropped due to a mistaken arrest, an error on the prosecution's part, an issue with evidence or an issue with the alleged victim and her family.
While the youth mentor and his family are undoubtedly thrilled that the charges have been dropped, experts say they may want a more thorough explanation to be made public. After all, the mentor's name has been muddied, and many parents may be left wondering if it is safe to allow their children to return to the youth center.
Despite the lack of a clear explanation, this case illustrates how the criminal justice system should work. If prosecutors do not have strong, convincing evidence that is handled properly or if protocol is not followed, a case should not be pursued.
Source: Crime Scenes: Rape case dropped
]]>We pride ourselves on our deep commitment to the well-being and needs of our clients. We will take the time to really get to know you and to find out what you need to move forward with your life. We will work hard to identify all your options and to help you understand the consequences of the different choices you make, so that you can make good decisions that protect your future.
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