Law Offices of Thomas C. MooneyRespected, Aggressive, Effective Criminal Defense2024-03-18T18:20:25Zhttps://www.mooneyesq.com/feed/atom/WordPress/wp-content/uploads/sites/1301184/2020/09/cropped-3448975_Site-Icon-Favicon-512x512px-new-32x32.pngOn Behalf of Law Offices of Thomas C. Mooneyhttps://www.mooneyesq.com/?p=2356872024-03-18T18:20:25Z2024-03-18T18:20:25ZIn many cases, the police cannot search electronic devices without getting a warrant. They can also ask for consent, of course. If an officer is making an arrest, they could ask that person to give them access to their phone. But civilians are not obligated to do this, even when facing arrest, and the police often need a warrant to conduct a search.
But it’s important to remember that tech companies could also be targeted by these warrants, removing the individual from the equation. For instance, there was a case involving Facebook where investigators believed two people had been sending messages relating to illegal activity under current state laws. They served a warrant to Facebook, which then gave them access to those personal messages. The investigators didn’t need to search the individuals’ phones, computers, tablets or other devices because they got the evidence they needed from Facebook directly.
The growth of modern technology
Things like this are only going to happen more often in the future, as technology continues to evolve. People already use it at an unprecedented level, and there’s an incredible amount of information changing hands every day.But if you’re utilizing this technology, it’s important to remember who controls that information. Always keep in mind that you can never fully delete something that you write on the Internet, and be very careful about what you say on any platform. It may not be as private as you assume if the company will give the records to law enforcement officers. If you do end up facing criminal charges, be sure that you know about your rights during a potential search or a criminal trial.]]>On Behalf of Law Offices of Thomas C. Mooneyhttps://www.mooneyesq.com/?p=2356842024-03-18T18:19:24Z2024-03-18T18:19:24ZPeople often think of prison time as a way to reduce reoffending rates. If someone breaks the law, serving their prison sentence is a punishment, but it is also supposed to be a deterrent. When that person gets back out, they will have firsthand experience with the ramifications of their actions, and they will not break the law again.
At least, this is how it’s supposed to work in theory. But studies have found that it actually does the opposite. Prison time doesn’t reduce reoffending rates, but increases them. This is especially true for those who serve long sentences.
Destabilizing their life
In many cases, the issue is that a long sentence like this can destabilize someone’s life to the point that they can never put those pieces back together again.If someone has a felony on their record, for instance, they may not be able to get a job. They may try to go to college to get a better education so they can seek different career opportunities, but their application could be denied. Due to these financial challenges, they may find it difficult to secure housing or even buy necessities, like food and clothing.In other words, when someone gets out of prison, they can’t always integrate back into society easily. They may feel that they don’t have any option but to re-offend, especially when their crimes – theft, drug distribution, etc. – are financially motivated.
Are you facing charges?
You do not want a conviction and an excessive sentence to destabilize your life. If you’re facing criminal charges, you need to know exactly what defense options you have. It can help to have experienced legal guidance.]]>On Behalf of Law Offices of Thomas C. Mooneyhttps://www.mooneyesq.com/?p=2356832024-03-18T18:18:22Z2024-03-18T18:18:22ZIf you’re facing allegations of arson, you may not deny that a fire took place. You may not even deny that you were involved. But you still do not believe that you should be charged with such a serious crime because you did not mean to do anything wrong. It was just an accidental fire. You had no intent to commit a crime.
If so, it’s important to consider the way that arson is defined in Maryland. A criminal charge can be first-degree arson, second-degree arson or simply a charge of “malicious burning.” First-degree arson usually involves someone else, who may be injured or even killed, while second-degree arson involves serious property damage. Malicious burning is typically used for the damage of less expensive personal property.But in all three cases, the law states that the person has to “willfully and maliciously” set the fire. It is not something that they do accidentally. They were very intentional about starting the fire on purpose and they likely had a criminal goal, such as causing harm, committing insurance fraud or something of this nature.
Could you still face charges?
You certainly still may face legal charges for setting an accidental fire. If you were negligent and caused injury, you could face civil ramifications and have to pay financial compensation to the victim. Setting fire to someone else’s property, even with no ill intent, may come with serious consequences.But if it was just a mistake or an accident, rather than something you did deliberately, you likely do not deserve to face arson allegations. Take the time to carefully consider all of your legal defense options.]]>On Behalf of Law Offices of Thomas C. Mooneyhttps://www.mooneyesq.com/?p=2356712024-03-12T19:51:36Z2024-03-14T19:50:48ZSexual offense in the first-degree
A first-degree sexual offense is where the victim claims a sexual act, other than vaginal intercourse, happened without their consent. They may also allege that consent occurred under force or threat. Penalties for first-degree sexual offenses may include up to 25 years in prison without parole for offenders of underage victims and life imprisonment for repeat offenders.
Second-degree sex offense
This is where the victim claims that a sexual act happened by force or threat and that it happened with a handicapped or otherwise incapacitated victim. Second-degree sex offenses carry serious penalties as well, with potential imprisonment ranging between 15 years to life, especially if the offender is an adult with a victim under 13 years of age.
Third and fourth-degree sexual offenses
Third-degree sexual offenses are considered felonies and typically involve sexual contact without consent, such as groping or touching intimate body parts without permission. Fourth-degree sexual offenses are misdemeanors and may include acts like indecent exposure or inappropriate touching. While the penalties for these offenses are less severe compared to first and second-degree offenses, they still carry significant consequences, including imprisonment and registration as a sex offender.
If you are accused of a sex offense, it is crucial to take the accusation seriously and seek legal counsel immediately. Regardless of your innocence or guilt, navigating the legal process as successfully as possible requires careful attention and a thorough understanding of your rights.]]>On Behalf of Law Offices of Thomas C. Mooneyhttps://www.mooneyesq.com/?p=2356722024-03-14T07:25:48Z2024-03-14T07:25:19Zdecline doing these tests.
You are legally allowed to say no
Under the law, police officers can order a driver out of the vehicle. However, it is vital to understand that you have the right to turn down any standardized field sobriety tests as they are voluntary in Maryland, meaning you may refuse participation without facing direct legal penalties.
Refusing to take sobriety tests can lead to the immediate suspension of your driving license or even to your arrest, but most people who agree to take them are usually arrested anyway due to the subjective nature of these tests.
Field sobriety tests are subjective
Police officers often give out field sobriety tests to drivers who are suspected to be under the influence. These typically involve physical or cognitive exercises, like the one-leg stand test, walk and turn test, or the horizontal gaze nystagmus test.
Through these tests, law enforcement gauges the driver’s coordination, balance and ability to follow instructions, which can be impaired by alcohol or drug use.
It is important to note that these tests depend heavily on the officer’s interpretation. Completely sober drivers can fail due to anxiety, physical conditions or misinterpretation of instructions.
Understanding the pros and cons of refusing sobriety tests is crucial in protecting your rights during a DUI stop. Declining to participate will not prevent your arrest, but it can be a strategic choice to limit the evidence against you. It is advisable to remain calm and respectful during the interaction with a police officer and politely request legal representation as soon as possible.]]>On Behalf of Law Offices of Thomas C. Mooneyhttps://www.mooneyesq.com/?p=2356702024-03-12T18:59:59Z2024-03-12T18:59:59Zpenalties for vehicular manslaughter may include imprisonment and hefty fines, and it is important to understand the circumstances under which an accident can be termed as such.
Driving under influence
If a driver causes a fatal accident when driving under the influence of alcohol or drugs, it may be argued that they were grossly negligent in their actions. Driving under the influence significantly impairs a driver's ability to operate a vehicle safely, increasing the likelihood of causing an accident. In cases where such impairment leads to a fatal collision, the driver may be charged with vehicular manslaughter due to their reckless disregard for the safety of others on the road.
Reckless driving
Speeding and blatant ignorance of traffic laws are common forms of reckless driving that can result in fatal accidents. When a driver engages in reckless behavior such as speeding excessively, weaving in and out of lanes or running red lights, they are demonstrating disregard for the safety of others on the road. If such actions lead to a fatal collision, the driver may be charged with vehicular manslaughter due to their reckless disregard for the potential consequences of their actions.
Distracted driving
Distracted driving is also another possible cause of vehicular manslaughter. When a driver is engaging in playful activities with non-driving passengers, texting, talking on the phone, eating or adjusting the radio while driving, their attention is diverted from the road, increasing the risk of a collision. If this distraction leads to a fatal accident, it may be argued that the driver's failure to maintain proper focus on the task of driving amounted to gross negligence, resulting in charges of vehicular manslaughter.
If you have been accused of vehicular manslaughter, which is a potentially consequential charge indeed, it is crucial to seek legal counsel immediately to protect your rights and build a strong defense.]]>On Behalf of Law Offices of Thomas C. Mooneyhttps://www.mooneyesq.com/?p=2356682024-03-11T22:15:31Z2024-03-11T22:15:31ZEstablish alibi
A strong alibi could mean the difference between conviction and acquittal. Collect and present evidence that proves you were not at the crime scene during the time of the murder. This may include surveillance footage, eyewitness accounts, credit card receipts or any other concrete proof that places you elsewhere. It is important to be able to account for your whereabouts with precision and reliability.
Secure credible witnesses
Identify and reach out to individuals who can vouch for your innocence or confirm your alibi. Reliable witnesses may include friends, family members, coworkers or anyone who can attest to your character and support your claim that you were not involved in the crime. Their statements and testimonies can carry significant weight in proving your innocence, especially if they can provide details that corroborate your alibi.
Maintain a consistent and truthful narrative
Consistency is crucial in proving innocence. Ensure that your statements to law enforcement, counsel and in court remain truthful and align with the evidence you present. Invoke your right to silence until you have counsel to avoid sharing any potentially self-incriminating information. Any inconsistencies can be exploited by the prosecution, undermining your credibility.
Seeking legal counsel is necessary if you’re working to clearing your name by strategizing the collection and presentation of evidence, navigating the legal process and trying to protect your rights along the way.]]>On Behalf of Law Offices of Thomas C. Mooneyhttps://www.mooneyesq.com/?p=2356672024-03-10T00:57:34Z2024-03-10T00:57:34ZSufficient reason to establish imminent danger of bodily harm
To successfully lodge a self-defense claim, there must be sufficient reason to establish imminent danger of bodily harm. This means that the person invoking self-defense must reasonably believe that they or someone else faced an immediate threat of physical harm. For instance, if an individual is confronted by an aggressor who appears armed or is physically overpowering and there is a genuine fear of sustaining serious injuries, the use of force may be justifiable under self-defense.
Absence of provocation or aggression
For a self-defense claim to hold, the individual must demonstrate an absence of provocation or aggression on their part leading up to the altercation. In other words, they cannot have instigated the confrontation or engaged in behavior that escalated the situation unnecessarily. Courts typically examine the sequence of events leading to the altercation to determine whether the individual claiming self-defense acted reasonably given the circumstances. If it is found that the person claiming self-defense provoked the altercation or used excessive force in response to a perceived threat, their defense may be weakened.
Reasonable use of force
The defendant must also demonstrate that the force used in self-defense was reasonable and proportional to the perceived threat. This means that the level of force employed should not exceed what is necessary to protect oneself or others from harm. The concept of "reasonable force" is subjective and depends on the specific circumstances of each case. Courts will consider factors such as the nature of the threat, the size and strength of the parties involved, and the potential for serious harm.
While a self-defense claim is sometimes an option in the wake of assault charges, seeking legal guidance is essential to help determine the best approach to executing this defense effectively.]]>On Behalf of Law Offices of Thomas C. Mooneyhttps://www.mooneyesq.com/?p=2356652024-03-05T17:35:13Z2024-03-05T17:35:13Z1. Lack of concrete evidence
Other crimes may have eyewitnesses or clear physical evidence. However, arson often leaves little behind. In many cases, the fire itself destroys clues. This makes it trickier for investigators to establish the cause definitively.
2. Many possible causes
Fires can ignite for various reasons. They range from electrical malfunctions to careless behavior. Investigators must carefully examine all possible sources of ignition. They have to rule out accidental or natural causes. Then they can consider arson as a plausible explanation.
3. Complex fire behavior
The behavior of fires can muddy the waters when it comes to identifying arson. Fires can spread unpredictably with factors such as wind direction, fuel sources and building materials. What may initially appear to be suspicious patterns or accelerants could be the natural progression of the fire under specific conditions.
4. Limited access to evidence
In some cases, investigators may not be able to access the scene of the fire promptly or thoroughly. This can hinder their ability to collect evidence and make accurate assessments. Additionally, the passage of time can further degrade potential evidence.
5. Lack of expertise
Identifying arson requires specialized knowledge and skills. Investigators must be well-versed in fire science, forensic analysis and investigative techniques. Without this expertise, mistakes or oversights in the investigation process can lead to inaccurate conclusions.
Diligent and skilled investigative work is necessary for uncovering the truth behind fires. Defendants facing arson charges may have multiple fronts for challenging these accusations.]]>On Behalf of Law Offices of Thomas C. Mooneyhttps://www.mooneyesq.com/?p=2356642024-03-02T01:29:57Z2024-03-02T01:29:57ZMaryland offers drug court as an alternative in some of these cases.
This specialized court docket focuses on rehabilitation and recovery through closely monitored treatment programs. Participants undergo regular drug testing, attend therapy sessions and must report frequently to report on their progress. This setup encourages accountability and provides a structured environment for recovery, reducing the likelihood of recidivism.
Benefits of the program
The benefits of participating in Maryland's drug court program are multifaceted. It offers a chance for recovery and personal growth by addressing the underlying issues of substance abuse that contribute to criminal behavior. Successful program completion can lead to reduced charges or dismissal of charges, which is a significant legal advantage. Through the focus on rehabilitation, drug court helps participants to reintegrate into society with new coping mechanisms, skills and a new outlook on life.
Considerations for participation
Deciding to enter the drug court program is a significant commitment. It requires a willingness to undergo intensive treatment and the determination to make substantial life changes. One of the primary changes is that participants must be able to pass drug tests and will likely have to avoid alcohol.
Participants must comply with the program's strict guidelines and be prepared for the hard work involved in recovery. It's not an easy path, but drug court can be a transformative experience for those who are committed because it provides the tools and support necessary for a fresh start.
Drug court isn’t automatic in any case, but it may become a focus of a defense strategy. Participating requires the court’s approval, so defendants who want to try Drug Court should ensure that they qualify for the program. Seeking legal assistance to learn more about this option and how it may impact a defendant’s life is critical for anyone considering it, as it is the best option for many.]]>