Recent Blog Posts

New Gun Laws Make it Easier to Carry Gun in Maryland

Baltimore Criminal Defense Attorney — Thu, 08 Mar 2012 16:07:00 GMT

In a recent federal decision, Maryland has been making changes to their gun laws, loosening many of the current standards on who is able to own and hold a gun. The change was signed by U.S. District Judge Benson E. Legg. In the past Maryland has been much stricter with their laws, considered a high-regulation state for their greater regulations on which citizens are able to possess a gun. They have taken a different interpretation than some on the "right to bear arms" using it to extend that right to more than just the individuals home.

While no specific time has been given for when this will be fought against, the Maryland attorney general's office has stated that they will be taking action in order to appeal this ruling. Prior to this decision the judgment of who was allowed to carry a gun in the state was left up to the discretion of the law enforcement after those seeking the right had met a certain standard of criteria. In 2011 law enforcement in Maryland took into reviewed 5,216 applications for those seeking to carry a firearm. Of that amount they turned down about 5%, many of them based off their own judgment. Through this new standard, those who meet up to the specified requirements will be issue a license without having to face the threat of "good and substantial reason" of the police.

During the past decade more states have begun to move over to the "shall issue" system leaving Maryland in the minority. Many in opposition to the new decision are forming plans in attempts to turn it back through proving that the right to bear arms is in fact only for the home and other means. Whether these attempts will be successful is yet to be known. At Richard S. Miller, Attorney at Law, a Baltimore criminal defense attorney is ready to help you if you are facing criminal charges such as a gun offense. Maryland enforces harsh punishments for those who are convicted of a crime making it important to have quality criminal defense on your side. Contact a Baltimore criminal lawyer to represent you if you have been charged.

Suspect Arrested for Maryland Violent Crimes and Sex Crimes

Baltimore Criminal Lawyer — Tue, 07 Feb 2012 18:20:00 GMT

Last month, a Maryland man was arrested in North Carolina and extradited back to his home state to face charges. He is suspected to be behind a number of burglaries in several different suburbs across the state. The 33-year-old Fort Washington native was said to inflict "fear and agony" into the neighborhoods he struck. One burglary led to a mother and her infant being held at gunpoint. Another involved sexual assault and six people were bound in zip-ties. He then took the victims' bank cards, and it was through using these cards that authorities were better able to catch him. The man, K.D. was already convicted of manslaughter and a third-degree sex offense from crimes committed in the 90s.

Breaking and entering a residential habitation or other building is charged as burglary. In Maryland, Title 6, subtitle 2 of the criminal law code classifies burglary into four degrees. The most serious is breaking into a home with the intention of committing a violent crime. The second is in regards to a storehouse and the third is a dwelling. A fourth-degree burglary has the intent to break and enter with committing a crime. By this standard, the suspect in this situation would be guilty of first-degree burglary as well as face charges for the crimes he committed once he entered the home.

If you have been accused of a sex crime, violent crime, or theft crime, your first course of action should be to talk to a legal representative. As a Baltimore criminal attorney, I have experience in defending against the most serious crimes. I understand that not everyone who is accused of a crime is guilty and so will do everything possible to see that you are treated fairly. To learn more about how I could help you, contact a Baltimore criminal defense attorney today!

Man Shot After Car Chase in Baltimore

Baltimore Criminal Attorney — Thu, 02 Feb 2012 19:17:00 GMT

Last week, a man was shot after he stole a police car, threatened to shoot the officer, and then proceeded to embark on a lengthy police chase. It all started with a car was seen driving without their headlights on. When motioned to pull over, the car instead to refused to stop. As chases are dangerous to everyone on the road, the officer decided that such a minor infraction was not worth the risk to public safety. However, the car later crashed at one of the Interstate 95 exits. When the authorities stopped at the accident, the driver got out of his car and began to threaten to shoot the officer. The driver then stole the police car and drove off. When they finally caught up with the suspect, shots were fired, leaving the man fatally wounded. The death of the man has opened up an investigation surrounding exactly what happened and why the shots were fired. It turns out the man did not have a gun as he purported, but only a hammer was found.

Theft charges and weapon charges are taken extremely seriously in Maryland. Although sometimes charged as misdemeanors, they can also be charged as felonies, especially when in any way involved with a law enforcement officer. If you are charged with the unlawful possession of a firearm, you could be facing up to three years in prison. If it was a second offense, this could increase to a maximum of ten years. If you are facing this type of serious crime or any other criminal accusation, it is in your best interests to contact an attorney as soon as possible. As a Baltimore criminal defense attorney, I have experience defending against even the most serious crimes. You deserve a strong criminal defense attorney to protect your rights so call today! For a free case evaluation, contact a Baltimore criminal defense lawyer as soon as possible.

Judges Have "Different Role" in DUI Cases?

Richard Miller — Thu, 29 Apr 2010 17:10:00 GMT

Most of you out there probably thought that citizens accused of drunk driving were afforded the same constitutional rights as citizens accused of any other crime. Included in this, presumably, is the right to have a fair and impartial judge hearing your case.

Wrong. The “DUI Exception to the Constitution” applies to judges as well.

Consider the following excerpts from a website entitled ”The Court’s Role in Reducing the Incidence of Impaired Driving: A Resource for General Jurisdiction Court Judges“. The site is maintained by The National Center for State Courts near Washington, D.C., which provides seminars, conferences, research and educational materials for judges nationwide.
“What is the role of the courts in DUI Cases?”

In DWI cases, courts can have a much broader role than in many other types of cases. Through its interaction with law enforcement, prosecutors, defense attorneys, defendants, the public, and the press, the court establishes a tone toward DWI cases in the community. This is evident when the court addresses a defendant at sentencing to stress the severity of a DWI offense, invites school groups to attend DWI trials or dockets, or explains to law enforcement procedural shortcomings following unsuccessfully prosecuted cases. Judges, through their roles on the bench and in their personal lives, are leaders in the community and the attitudes they express are critical to shape public attitude toward DWI prevention and enforcement. (Emphasis added.)
Hmm…So the judge’s role in DUI cases is “broader” - to “establish a tone toward DUI cases in the community”, to “shape public attitude toward DWI prevention and enforcement”, and to help the police get more convictions. I guess high conviction rates, Draconian sentences and turning a blind eye to constitutional violations helps establish that tone.

After 40 years of practice, I can still remember when judges were supposed to be fair and impartial — even in drunk driving cases.

Disputing DUI Field Test Results

Richard Miller — Mon, 04 Jan 2010 18:20:00 GMT

As an experienced DUI/DWI Defense Attorney, Richard Miller has experience disputing the Breathalyzer and field sobriety test results.

There are many ways to challenge evidence from the Breathalyzer and field sobriety tests. Richard Miller, a TOP DUI/DWI defense attorney, is able to effectively cross-examine the arresting officer’s testimony on the accuracy of the Breathalyzer’s and field sobriety tests.

During a drunk driving stop, police officers gather evidence that consists of a field sobriety test. Additionally the officers will observe the driver’s speech and the way the driver smelled, walked, etc. These observations are supposed to aid in the officer’s assessment that the person suspected of drunk driving was actually impaired. Recent studies have shown that field sobriety tests are not given uniformly or in strict compliance with the standardized training. An experienced DUI Lawyer may be able to prove that the field tests don’t have any reliability at all and no scientific basis exists for claiming the tests are valid. In addition, as an experienced DUI attorney, Richard Miller can dispute the officer’s assessment and may be able to prove that the officer was not trained in proper administration of field evaluations or that your response to the tests may have been due to a health or medical condition, not alcohol or drug use. Mr. Miller will attempt to obtain a pre-trial ruling that the field sobriety test and their alleged indication of impairment should be excluded from evidence.

DUI Your Rights

Richard Miller — Mon, 04 Jan 2010 18:20:00 GMT

You’ve been arrested for DUI, but it doesn’t mean that a conviction is automatic.

Do not allow the arresting officer, the prosecutor, or anyone else, pressure you into pleading guilty.

Often skilled police officers cajole a suspect into an admission or incriminating statement that may ultimately be the evidence that will get you convicted. The U.S. Constitution guarantees you cannot be forced to be a witness against yourself if the police suspect you of a crime or have arrested you for a crime. For this reason knowing your rights is critical. DO NOT believe or assume that the police will tell you your rights or how to assert them. You must know what to do, what to say, and how to act if confronted by police.

You have the right to seek advice from counsel from the roadside prior to submitting to the Brealthalyzer and field sobriety tests.
If asked if you were drinking, how much you drank, or even where you were heading, you have the right to politely decline to answer these questions until seeking advice from counsel.

See DUI FAQ…

A conviction of guilty will remain on your record. Talk to an experienced attorney before falling into the trap of having your rights violated. Richard Miller has successfully defended some of the most serious DUI and DWI criminal cases in Baltimore, Maryland, and will ensure your constitutional rights are protected.

Mr. Miller is an expert in Maryland DUI laws and will build a solid DUI defense and review all aspects of your case to determine if your rights were violated in any way or if procedures were not followed properly.

Know that you have rights throughout the entire process.

Did the arresting officer have probable cause to pull you over?
Did the officer administer the field sobriety and Breathalyzer tests properly?
Was the Breathalyzer properly calibrated and maintained?
If there was a blood test, was it done within your rights and did it follow the proper chain of custody?

Commercial Drivers Traffic Violations

Richard Miller — Mon, 04 Jan 2010 18:15:00 GMT

An experienced Commercial Drivers traffic violations lawyer, Richard Miller is a TOP BALTIMORE DEFENSE ATTORNEY with over 30 years experience defending Commercial Drivers against traffic violations and will aggressively argue your case. He can argue that certain evidence is inadmissible and that may eliminate any or all evidence the police have against you. If the evidence is eliminated as inadmissible, the charges against you can be dropped.

When determining which attorney will be best to defend you, hiring an attorney who practices in the county where you were ticketed and who is familiar with the judges and prosecutors, as well as the local laws and regulations in that county is extremely important.

All commercial drivers must do the following:

Notify their employer of any convictions of motor vehicle laws, other than parking violations, within 30 days of the date of conviction; and
Notify their employer of any revocation, suspension, cancellation or disqualification, before the end of the business day following the day that the driver received notice of the fact.
Provide any new employer with a 10 year employment history and a 3 year driving history.
Turn in all licenses issued by other states.

Serving clients throughout Maryland including: Anne Arundel County, Baltimore County (Pikesville, Owings Mills), Baltimore City, Carroll County, Cecil County, Frederick County, Harford County, Howard County, Montgomery County, Prince George’s County, and surrounding areas

DUI Conviction and Your Auto Insurance

Richard Miller — Mon, 04 Jan 2010 18:15:00 GMT

If there’s anything that could drive your car insurance cost sky-high it’s a drunk-driving (DUI) conviction.

Auto insurance companies may check your motor vehicle record only once every three years or when you’re applying for a new policy. It’s possible that accidents, tickets and DUIs may never make their way to your official motor vehicle record. However, if your insurer does discover your DUI and classifies you as a “high-risk driver,” shopping around at renewal time is the best strategy, as rates will vary greatly among auto insurers. On the other hand, a rate hike may be the least of your problems; your policy could be cancelled or nonrenewed, especially if you are currently in a preferred rate class. Then you’ll be forced to look for new car insurance with the double-whammy of a DUI and a cancellation on your record.

A rate hike may be the least of your problems.
Laws regarding DUIs and car insurance coverage vary by state. Most states requires DUI offenders to get a form called an SR-22 from their auto insurers, so you can’t hide. This form proves to the DMV that you carry liability insurance and removes your license suspension. An SR-22 also requires your insurance company to notify the DMV if it cancels your auto insurance for any reason. You’ll likely have to file proof of insurance for three — sometimes five — years with your state’s DMV.

Some car insurance companies don’t even offer SR-22 policies, so you may be nonrenewed or cancelled because your company can no longer provide what you need.

Source: Progressive

It’s possible that your insurance company will never find out about your DUI conviction if you don’t have to get an SR-22. A June 2002 study by the Insurance Research Council revealed that as many as one-quarter of driving convictions never end up on motor vehicle records due to lack of shared information between courts and motor vehicle departments, or because a conviction has been erased through alternative means, such as driving school. If you get your charge reduced in a plea bargain, or have a limited license suspension, such as 30 days, it’s also very unlikely your insurer will find out about your conviction.

If your insurance company misses the conviction at the time it happens, it may still have a few years to raise rates if the DUI is discovered later.

Your ultimate destiny rests with your car insurance company.

For example, State Farm’s action depends on which subsidiary you’re with. The insurer reviews rate-increase decisions on a case-by-case basis. If you have a preferred policy with State Farm Mutual Insurance Co. and receive a DUI, State Farm will likely move you into State Farm Fire & Casualty, which is its standard-policy company for riskier drivers and higher rates.

If you’re with Progressive, you will not face nonrenewal or cancellation because of a DUI, but you may face a rate increase. Progressive also reviews rates on a case-by-case basis, with multiple factors such as age, gender, driving history and your vehicle model going into your rate.

It doesn’t end there. Your DUI conviction will follow you if you apply for life insurance and could affect your premiums there, too.

Welcome to our Baltimore Criminal Defense Blog

Criminal Defense Lawyer — Mon, 04 Jan 2010 05:40:00 GMT

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