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Upper Marlboro Criminal Defense Law Blog

Defining consent in Maryland

The state of Maryland does not have a specific definition of consent for purposes of determining if a sex act is lawful. However, there are many factors that can be looked at when determining if a sex crime was committed. For instance, consent cannot be given if a person is under age 14 and his or her partner is four or more years older. Consent also cannot be given if a person is mentally incapacitated.

The law defines an individual as mentally incapacitated if he or she cannot ascertain what is happening. This person also would not be able to resist being penetrated or otherwise touched in a sexual way. If a person has a cognitive issue that makes it impossible to resist or communicate an unwillingness to participate in sex, he or she cannot give consent.

Supreme Court ruling protects rental car borrowers' rights

A May 2018 Supreme Court ruling could be important for protecting the rights of people in Maryland when driving a borrowed rental car. In a ruling, the high court said that people who drive a rental car with permission from the authorized driver have the same protections from searches by police as the original rental. The unanimous decision affirmed that people who are in lawful possession of a rental car have a reasonable expectation of privacy, even when they are not listed on the rental car agreement as an authorized driver.

This means that police need probable cause or a search warrant in order to search the car, rejecting the assertion of the Department of Justice that people in this situation did not have an expectation of privacy. The government sought to hold a person in this position in the same situation as that of a car thief. The court noted in the ruling that there are many reasons why a person may allow another person to drive their rental car without being listed, including when the primary driver is ill, drunk or drowsy.

How diabetes can skew the results of a blood alcohol test

Whether you require insulin or can control your diabetes through diet, your medical condition may affect numerous aspects of your life. You have to watch what you eat and make sure your blood sugar does not get too high or too low. And if this wasn't enough, you also have to worry about the medical condition impacting the results of an alcohol breath test. 

Wait. What? That's right, if you have diabetes, you run the risk of blowing a false positive with an alcohol blood test. This could be due to the acetone in your breath. Everyone has some acetone on his or her breath, but because you have diabetes, your levels could be significantly higher, which may cause a false positive in a breath test as high as .06 percent.

Police in Maryland town report on week's incidents

Police reported several incidents that occurred near the end of April. These incidents all occurred in or around the Maryland town of Havre de Grace.

On April 22, a juvenile was charged after harassing a man in his yard and spitting on him. The same day, a wallet was reported stolen, and a man and his stepson were reported having an altercation although there were no injuries. The following day, a traffic stop turned into drug possession charges when officers stopped a woman for speeding and smelled marijuana. When they did a search, they found a bag that appeared to contain cocaine.

Traffic stop leads to drug charges for Maryland man

Maryland authorities have charged a 20-year-old man with felony drug crimes after a cavity search allegedly uncovered illegal drugs in his possession. The incident took place after a traffic stop in Salisbury on April 26.

According to the Wicomico County Sheriff's Office, deputies from the Community Action Team observed the defendant getting into a vehicle on the 1000 block of Fairground Drive. They then approached him because he had an outstanding warrant. However, when questioned, he gave them a fake name and ran away from the scene on foot. Before being apprehended, he allegedly assaulted two law enforcement officers. Meanwhile, deputies also arrested an 18-year-old man who attempted to drive the vehicle away from the scene. A search of the vehicle allegedly uncovered crack cocaine, marijuana, drug paraphernalia, a stolen firearm and cash.

Understanding drug manufacturing accusations

Did you know you can wind up facing felony-level drug charges -- for not only possessing an actual drug, but for having the possible means to manufacture or cultivate a drug? However, what evidence can be used against you to determine if you were trying to make or grow the drug is where everything can become a bit murky.

Shoplifting may not seem like a big deal, but in Maryland it is

Going off to college provides young people with an opportunity to spread their wings and try things they never have before. Parents trust their college-age kids will make good decisions, but unfortunately, that doesn't always happen.

Depending on the friends they make, their decisions may not be what you would like, especially if it brings them to the attention of law enforcement. Something that began as a dare could end with your child calling you for bail money. This includes shoplifting, which may not sound like a serious offense, but this type of theft comes with harsh penalties here in Maryland.

Maryland search warrant results in arrest and seizure

After coming across a stash of controlled substances, deputies from the Queen Anne's County Sheriff's Office arrested a 66-year-old-man on April 12 and seized his vehicles and cash. Officers from a local anti-narcotics task force executed a warrant on the Grasonville residence and found more than 100 grams of cocaine, 25 grams of heroin, paraphernalia and nearly $5,700 in cash.

The press release issued by the Sheriff's Office also stated that three vehicles were seized along with pieces of mail addressed to the suspect, who had a history of drugs and firearms possession. The drug charges listed in the arrest report include possession with intent to distribute and possession of paraphernalia.

Was your child arrested for possessing 'study drugs' illegally?

When you sent your son or daughter off to college here in Maryland, you probably experienced excitement, pride and trepidation all at the same time. You want your child to do well, but you also know that this is the first time he or she is away from home.

When you think about the trouble your college student could get into, you probably think about parties where alcohol and drugs like marijuana may be present. However, you may not have anticipated that your child would get caught with so-called "study drugs" and now faces charges of drug possession.

Man charged following drug investigation

In Maryland, a Queen Anne's County Drug Task Force investigation has resulted in multiple drug charges for one Grasonville man. On April 12 at 10:30 a.m., authorities executed a warrant at his home in the 200 block of Grasonville Cemetery Road. According to news sources, the man is scheduled to appear in Queen Anne's County District Court on May 10 in connection with the charges.

Reports indicate that the man had allegedly distributed controlled substances from his vehicles. Entry to the 66-year-old man's residence was gained through an unsecured door. The subsequent search revealed 113 grams suspected powdered cocaine, 25.9 grams suspected heroin, digital scales, $5,666 in cash, packing materials and mail. In addition to these items, Queen Anne's County Sheriff's Office deputies seized a 2013 BMW 328i, 1989 Chevy Truck and 2013 Hyundai Sonata from the man's property.

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