Law Offices of Thomas C. Mooney - Criminal Defense
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April 2019 Archives

When can an officer place you under arrest?

The criminal justice system is complicated, and you may have many questions about what would happen if an officer placed you under arrest. You may immediately begin to think that you will face serious consequences, but you may want to remember that an officer taking you into custody does not mean that you face formal charges yet.

Electronic search warrants worry civil rights advocates

Police officers in Maryland and around the country often use portable breath testing devices to determine whether or not a motorist is impaired by alcohol, but blood must be drawn to establish drug use. The U.S. Supreme Court has ruled that law enforcement must obtain search warrants before drawing blood, and the way police departments are meeting this requirement has many civil rights advocates worried. To speed up the process, 45 states allow police to obtain warrants by video, telephone, or affidavits sent electronically.

Study looks at teen dating violence and murder

Some Maryland teenagers, particularly girls, may be at a greater risk of violence from an intimate partner than they or many people realize. Some experts expressed surprise over a study that appeared in "JAMA Pediatrics" in April 2019. It reported that almost 7 percent of over 2,000 adolescents who were killed from 2003 to 2016 were killed by an intimate partner. The average age of the person killed was 17, and 90 percent were female. Most of the partners were older than 18.

Can I refuse a breath test?

Even if you aren't drunk, if you've had a few drinks before driving home -- just the idea of getting pulled over is worrisome. Is the officer going to smell the beer on your breath and automatically assume you are drunk? Should you even agree to a breath test?

Why bail matters when resolving a criminal case

In many cases, defendants can purchase their freedom while their cases are pending. However, there are times when an individual who has the opportunity to bail out of jail cannot afford to do so. This can have a significant impact on how cases in Maryland and throughout the country play out. For instance, an individual may plead guilty simply to get out of jail in a timely manner. This may occur even if a person could have won at trial.

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