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Upper Marlboro Criminal Defense Law Blog

What may be 'young love' may actually be a crime in Maryland

Many adults in Maryland have May-December romances, and even young love can blossom into a meaningful long-term relationship lasting well into adulthood. However, there are instances in which even consensual sexual contact, sexual acts or vaginal intercourse between two individuals is illegal. This is known as "statutory rape," as the reported victims in such cases are legally deemed incapable of consent.

An individual in Maryland cannot engage in sexual contact with another individual if the other individual is under 14-years-old, and the individual performing the sexual contact is four or more years older than the other individual. For example, if an individual is 17-years-old and engages in sexual contact with a 13-year-old, the 17-year-old will have violated this law.

Tim Tebow stalker arrested in Florida

It is likely a majority of Americans are aware of Tim Tebow, college football star, National Football League failure and now Major League Baseball hopeful who signed a minor league deal with the New York Mets and has kept fueling the media fire by attending spring training down in Florida. Many Americans love Tim Tebow, not necessarily due to his on-field successes, which have been few since college, but because of his extremely positive and enchanting attitude and demeanor on and off the field. His good looks and charm may have been too much for one fan however.

Recently, a 36 year old Colorado resident was arrested following multiple attempts at stalking Tebow. She was initially found loitering at the Mets spring training facility for days asking people about Tebow. When questioned by local authorities about her actions, she went on to state that she was in a relationship with him.

Criminal defense 101: categories of crimes

Many people in Upper Marlboro may have a basic understanding of what distinguishes a misdemeanor from a felony, or, if they have watched enough crime shows on television or tuned into the nightly news, they may already know that felony crimes are more serious than misdemeanor crimes. However, it is important to understand the basic categorization of crimes, as courts will treat different levels of crimes differently.

First, there are infractions. In general, infractions are the least serious category of criminal offenses. Usually a person who commits an infraction will be issued a ticket by a police officer and will have to pay a fine. Traffic infractions are common. However, if one is issued a ticket and ignores it, the penalties associated with the infraction may go up.

I've been charged with the distribution of drugs: What now?

Laws regarding the distribution or trafficking of drugs in the state of Maryland penalize those who sell, transport and illegally import unlawful controlled substances. These substances include illegal drugs such as methamphetamines, heroin, cocaine and marijuana. Punishments for the distribution of drugs vary depending on multiple factors, such as the drug amount involved, the type of drug, the geographic area in which the distribution took place and if you were targeting children.

Underage DUI? You can still keep your education on course.

If you are a college student or the parent of a student who is currently facing criminal charges related to underage drinking and driving, you know the importance of taking quick action. Your education, future and even your personal freedom is on the line, but you still have options.

Officer acquitted in incident involving a 16-year-old pupil

Police officers in Maryland have the difficult job of determining when an individual is committing a crime, and then responding appropriately. Sometimes there are claims of police overreach in certain situations, particularly if the incident is captured on video. Recently, a 53-year-old Baltimore police officer was acquitted of charges for assault in the second degree, and misconduct in office, after an incident involving a student was captured on video.

In the incident, which took place at the REACH Partnership School in March 2016, the officer reportedly told another officer to strike a student, age 16. The officers thought the student and an acquaintance had trespassed on school grounds. Although the student and the acquaintance claimed the officer told a colleague to hit the student for mouthing off, both officers claimed that the 16-year-old spit on the officer's colleague and that the colleague's reaction to the spitting was spontaneous. The officer claimed she was startled by her colleague's actions.

How does Maryland code define the crime of burglary?

When a person thinks of the crime of burglary, he or she may think of popular television shows or movies that depict a person smashing through a door or shattering a window in order to enter another person's home in the dead of night. It might make for good television ratings or movie reviews, but in fact the crimes of first-degree burglary and home invasion are felonies in Maryland and could have serious consequences.

Under the Code of Maryland section 6-202 a person commits first-degree burglary if he or she breaks and enters into another person's home intending to commit theft. First-degree burglary is a felony in Maryland. If a person is convicted of this crime, he or she could face up to 20 years in prison.

Volunteer football coach accused of rape and sexual assault

Many outstanding members of our communities are those who volunteer in youth sports and activities. Not only to the adults experience the satisfaction of working with children, but the children also benefit from having a mentor that can help steer them in the right direction throughout life. Unfortunately, if a youth volunteer is charged with a crime, it could not only jeopardize his or her freedom, but his or her reputation in the community as well.

A 35-year-old Maryland man who was a Laurel Boys and Girls Club volunteer youth football coach has been charged with sexual assault and rape in the second degree. The alleged victims were a 18-year-old member of the coach's family and her friend. According to the young woman, the man sexually assaulted her almost every day since November 2016. The alleged incidents reportedly took place at home. The young woman's friend also claimed the man sexually assaulted her.

Are you facing a prescription-related problem?

Did you know approximately 20 percent of the nation's current population have used prescription drugs for non-medical reasons? Minimal research into the money trail regarding pharmaceuticals and drug use in this country provides evidence that it's a tremendous money-making industry. In recent years, however, vast numbers of people have run into various problems related to prescription drugs, including addiction, overdose and legal trouble associated with criminal charges.

When can domestic violence lead to a warrantless arrest?

Allegations of domestic violence are very serious. Not only could such charges lead to criminal penalties, but such allegations could have a very detrimental effect on a person's reputation in his or her community. However, Maryland law has provisions that allow for warrantless arrests in certain instances of domestic violence.

Under Maryland law, a police officer may make a warrantless arrest if there is probable cause that a person committed an act of domestic violence to their spouse or someone else living with him or her, there is evidence that the spouse was physically injured and unless the police officer immediately arrests the person the person either may not be apprehended, may physically injure another or damage property, or may tamper, try to get rid of or destroy evidence. However, for such a warrantless arrest to be made, the police must have received a report within 48 hours of the alleged act of domestic violence.

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