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Drugs, Money, Cars Assets, Guns, Seizure and Forfeiture

"They took my car/money/gun/house!" Well, "they" is law enforcement. And yes, they can, and they do. Frequently. But that does not mean you, as a property owner are without recourse. If you find yourself minus a car, or stack of cash, you should consult with a seasoned attorney to find out what you can do to get it back.
 
The rationale for the laws is, as a famous Baltimore jurist once said, "ain't nothing good that comes of guns and drugs". Maryland law provides that essentially any property used in connection with narcotics trafficking may be siezedby law enforcement, and forfeited to the State. Section 12-102 of the Criminal Procedure Article -Property subject to forfeiture- provides: "The following are subject to forfeiture: (1) controlled dangerous substances manufactured, distributed, dispensed, acquired, or possessed in violation of ... law; (2) raw materials, products, and equipment used, or intended for use, in manufacturing, compounding, processing, delivering, importing, or exporting a controlled dangerous substance...; (3) property used or intended for use as a container for property described in item (1) or (2) of this subsection; (4) ..... conveyances, including aircraft, vehicles, or vessels used or intended to be used to transport, or facilitate the transportation, sale, receipt, possession, or concealment of property described in item (1) or (2) of this subsection; (5) books, records, and research, including formulas, microfilm, tapes, and data used or intended for use in violation of the Controlled Dangerous Substances law; (6).... money or weapons used or intended to be used in connection with the unlawful manufacture, distribution, dispensing, or possession of a controlled dangerous substance or controlled paraphernalia; (7) drug paraphernalia....; (8) controlled paraphernalia ....; (9) the ... balance of the proceeds of a sale by a holder of an installment sale agreement under § 12-626 of the Commercial Law Article of goods seized under this subtitle; (10) .... real property; and (11) everything of value furnished, or intended to be furnished, in exchange for a controlled dangerous substance in violation of the Controlled Dangerous Substances law, all proceeds traceable to the exchange, and all negotiable instruments and securities used, or intended to be used, to facilitate any violation of the Controlled Dangerous Substances law."
 
Not surprisingly, money is the most common property seized pursuant to this section. The forfeiture law also provides that "[m]oney or weapons that are found in close proximity to a contraband controlled dangerous substance, controlled paraphernalia, or forfeitable records of the importation, manufacture, or distribution of controlled dangerous substances are contraband and presumed to be forfeitable."
 
If you've had money property seized under this law, you may want to consult a seasoned lawyer. If a claimant can establish another, legitimate, source of the money, he or she may be able to rebut this presumption and regain their property. There are other methods to challenge the legality of the action as well. Consult a Baltimore asset seizure attorney to get your property back.
 
How Much Can You Get for a Worker's Compensation Claim?
If you’ve been injured as a result of your work, you deserve compensation.   A question you probably have now is “how much can I expect to get?” Before anyone can answer that question for you, there are a few...
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I Was Charged With a Felony. Now What?
A felony charge can alter your life forever. The stress and uncertainty surrounding a pending criminal case can put a strain on your relationships and mental health.  But, with knowledge of the procedure, the prosecutors, the judges and the...
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What to Do after a Baltimore Car Accident
Being involved in a car accident can be a terrifying experience.  It’s easy to be so overwhelmed that you fail to take all of the necessary steps towards ensuring that you receive compensation.  I’ve personally been in this...
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New Maryland Criminal Laws are Going Into Effect
Each year there are dozens of bills that are signed into law in Maryland.  Although the governor typically signs these bills in the spring, the laws often don’t go into effect until 6 months later, on October 1st.  There are a...
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Do I Have a Slip and Fall Case?
People are injured all the time in what are called “slip and fall” or “trip and fall” accidents. That’s unfortunate, of course, but just because there is a fall doesn’t mean there is a lawsuit.  How does one...
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Am I Owed Compensation for a Personal Injury?
Have you suffered an injury due to someone else’s negligence? If so, you are eligible to receive compensation. Damages, both economic and non-economic, are intended to compensate the injured party for losses incurred as a result of their...
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Tips for Filing a Successful Worker's Compensation Claim in Baltimore
If you’ve been hurt as a result of your job, then Maryland law gives you the right to collect worker’s compensation benefits. While the system is supposed to be “self-executing” experience has shown us that insurance...
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Do I Need a Baltimore Criminal Defense Attorney?
Facing a criminal charge, regardless of the severity, can be a life altering experience. When your freedom, job, and financial security are at risk, there is no room for guesswork. It goes without saying there are no second chances in a criminal...
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Advantages of Hiring a Personal Injury Attorney After a Car Accident
Your actions immediately after a car accident are pivotal when seeking compensation. Many victims of car accidents caused by negligent drivers suffer from serious personal injury, incur steep medical bills, and face lost wages. The process of...
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What to Look for in a DUI Attorney
A good attorney can make all the difference when it comes to dealing with a DUI arrest. Just as important as knowing what positive qualities to look for in an attorney, it is essential to know the warning signs of attorneys that you should avoid....
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Permanent Total Disability
This is the pinnacle of worker’s compensation benefits. Unfortunately, in order to qualify for it, you need to be so significantly injured that you cannot work. An experienced worker’s compensation attorney is well versed in the...
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Temporary Partial Disability
Temporary partial disability.
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Temporary Total Disability
If the doctor has told an injured worker they cannot work at all, that injured worker is considered temporarily totally disabled. That person is then entitled to 2/3 of their average pre accident earnings. With both temporary and total disability,...
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Workers Compensation - The Benefits
Workers Compensation. The Benefits.
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Worker's Compensation - Accidental Injury
The injured worker must have sustained an accidental personal injury for it to be considered compensable under the workers compensation law. One case defines accidental as an unexpected happening from an unknown cause, or an unanticipated result...
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Accidental Personal Injury
Is one sustains an accidental personal injury while on the clock at work, they are entitled to worker’s compensation benefits. The law says an accidental personal injury is one that arises out of an in the course of employment. Seems pretty...
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Worker's Compensation
Worker's Compensation
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I Wonder What Videos That Guy Rents
This is a crime that may have well outlived its application. Experienced Baltimore criminal defense lawyers know it is a crime to divulge the type of video tapes “video disks” or films rented by customers. Aggressive criminal defense...
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The Theft of Mail
Most people will tell you it is a “federal offense”. Well, the experienced Baltimore criminal defense lawyer will tell you it is a state crime as well. Actually, the state crime is opening mail that is not addressed to you. An aggressive...
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Defrauding the State
Most experienced Baltimore criminal defense lawyers, have, at one time or another, handled a case or two where is was alleged their client engaged in some type of welfare or Medicaid fraud. It likely comes as no surprise that it is illegal to...
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Visual Surveillance
Experienced Baltimore criminal defense lawyers may recall that a few years ago, a rock and roll legend was accused of videotaping women using the bathroom at a restaurant he owned. Aggressive criminal defense lawyers in Baltimore, and most of...
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The Misuse of a Laser Pointer
The experienced Baltimore criminal defense attorney will tell you this crime does not enjoy a rich common law history. It is illegal to use a laser pointer to harass another –by making them think someone in pointing a gun with a laser scope on...
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The Misuse of Email
A lot of people likely feel that email is misused. Bad jokes, impotence cures, chain emails, unwanted political commentary, commercial spam, and outright scams litter everyone’s inbox. But at what point does sending these things become...
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The misuse of a telephone
Doesn’t sound like a crime, but you would be surprised. Maryland law prohibits the making of an anonymous call, or repeated calls, that are intended to threaten or harass a victim. The aggressive criminal defense lawyer in Baltimore will...
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Harassment
Experienced Baltimore criminal defense lawyers know that it is not necessary that the defendant actually follow a victim in order to sustain a stalking conviction. The crime of harassment may be proved by following another in a manner that alarms or...
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Stalking
Some other observations about stalking are appropriate. Experienced Baltimore criminal defense attorneys know that the course of conduct must be a malicious pattern to sustain a conviction. One can’t accidentally stalk someone. An there are...
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Stalking and Associated Crimes
Stalking is defined as a course of conduct, where one purses another, or otherwise puts that person in fear of a specified crime. Experienced Baltimore criminal defense attorneys have seen that what constitutes a ‘course of conduct’ is...
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The Burglary of a Research Facility
Aggressive criminal defense lawyers in Baltimore have seen this general issue come up more than once. Burglarizing a research facility might seem like a fairly obscure offense, one that might be punishable under the general burglary provisions. As...
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Burglary with a destructive device
The aggressive criminal defense lawyer in Baltimore may well be aware that the law defines a destructive device as a bomb, grenade, mine or missile, amongst others, or any device that has the “destructive characteristics of military...
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Rouge and Vagabond
Experienced Baltimore criminal defense attorneys have been confronted with yet another way commit burglary: to be caught in the possession of a tool in circumstances indicating one intends to burglarize a car. It gets a little harsher. Aggressive...
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The Burglar's Tool
Another way to commit fourth degree burglary is to be caught in the possession of a burglar’s tool in circumstances indicating you intend to use it to commit a burglary. Experienced Baltimore criminal defense attorneys in Baltimore are well...
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Burglary in the Fourth
Aggressive criminal defense lawyers in Baltimore often argue that their clients, at most, are guilty of burglary in the fourth degree, which is essentially a catchall charge that does not require the specific intent of other degrees of burglary....
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Burglary in the Third
The aggressive criminal defense lawyer in Baltimore will quickly tell you the difference between second and third degree burglary lays no so much in the penalty, although that is significant, but the type of structure involved. The experienced...
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Burglary in the Second
Second degree burglary differs in three important respects from first degree. Second degree burglary also involved the braking and entering of a 'storehouse' [read: any building other than a dwelling]. Moreover The intent of the accused once...
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Burglary in the First
Experienced Baltimore criminal defense lawyers will recite the old, common law meaning of burglary, which still constitutes first degree burglary in Maryland. The breaking an entering of the dwelling of another with the intent to commit a crime of...
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The crime of stealing Medicaid Benefits
The old saying is that if they have to pass a law against it, it must mean someone is doing it. [see e.g. laws against bestiality and the like]. Experienced Baltimore criminal defense lawyers have certainly seen this is the case with government...
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Public Assistance Fraud
It comes as no surprise to most, but, it is in fact illegal to obtain money, food stamps or other assistance by fraud. Fraud can include a misrepresentation of household size or income levels, or a failure to report changes therein. Experienced...
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Weapons Used in Robbery
Experienced Baltimore criminal defense lawyers know there has been extensive litigation involving what constitutes a dangerous weapon within the meaning of contained in the robbery statute. Things like inoperable guns, unloaded guns and starter...
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Carjacking
Carjacking is a specific variety of robbery. It is unlawful for a person to take unauthorized control of a vehicle in the possession of another, by force or threat thereof. Experienced Baltimore criminal defense lawyers have seen that the carjack is...
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Robbery with a Deadly Weapon
Robbery is a serious crime that can get you 15 years in jail. Experienced Baltimore criminal defense lawyers know that if there is a dangerous weapon employed during the crime, the penalty is more severe: up to 20 years. An aggressive criminal...
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The Crime of Robbery
Robbery is the taking and carrying away the property of another, while employing force or the threat of force, with the intent to deprive the victim of that property. Experienced Baltimore criminal defense attorneys are well versed in the cases that...
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Expungement: Arrested and Not Charged
An uncharged arrestee is entitled to expungement of the police records of the unfortunate event as a matter of right. Experienced Baltimore criminal defense lawyers in Balitmore know this right extends to photographs and fingerprints as well. The...
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Expunged records and the job interview
Experienced Baltimore criminal defense lawyers have been asked the question over and over. Do I have to put an expunged charge on a job application? Most applications asked if you’ve ever been convicted of something. However, some may require...
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Can Convictions be Expunged?
The answer, generally is no. It surprises many, even many experienced Baltimore criminal defense attorneys, that some people just can’t believe they cannot have their criminal past “removed from their record”. An aggressive...
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Expungement: the Process
Experienced Baltimore criminal defense lawyers often handle the process of expungement as a matter of course for their clients, as part of their overall representation. Some more aggressive criminal defense lawyers in Baltimore charge for the...
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Expungement
It’s a fairly common question. How do I get this off my record? Experienced Baltimore criminal defense attorneys will tell you, with rare exception, if you’ve been convicted, you can’t. For uncertain reasons, this surprises a lot...
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I Shall Be Released: The Sequel
Experienced Baltimore criminal defense lawyers know that bail, and other pretrial conditions of release are to be designed to ensure the accused appears at trial, and the safety of the victim and the community. Aggressive criminal defense lawyers in...
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I shall be released: part III
I would venture that most people understand that if you post bail and don’t show up at your trial, your money is gone. Experienced Baltimore criminal defense lawyers know there are additional penalties. One can be imprisoned for 5 years if the...
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I Shall Be Released: Redux
Experienced Baltimore criminal defense attorneys know that if a defendant is admitted to bail, that bail cannot be excessive. With certain exceptions, every defendant may be released “ROR” [released on recognizance]. Aggressive criminal...
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I shall be released and revisited
A judge, or commissioner is obligated to consider several factors in determining if someone should be admitted to bail, and, if so, the amount and other conditions of release. Experienced Baltimore criminal defense lawyers know that the judicial...
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