Can I Be Charged With CDS Possession in Baltimore if the Drugs Are Not Mine?
Under Maryland law, one does not actually have to have prohibited items in their hand, or on their person, to be found to have possessed it. As attorney Eric T. Kirk will tell you, constructive possession is demonstrated when one exerts sufficient dominion and control over an object, so as to be said to possess... Read more »
Must Binding Plea Bargain Agreements be Honored By Judge ?
A binding plea agreement is like a contract. If the prosecutor offers something to a criminal defendant in exchange for the plea, and the defendant accepts, an agreement is formed. Here is one court has said regarding an agreed plea bargain. “A plea agreement is, of course, a contract between a criminal defendant and the... Read more »
Is Eyewitness Identification Testimony Reliable in a Criminal Case?
Legal arguments are available to the skilled legal practitioner. Criminal defense attorneys frequently argue that the identification, whether made in court or out-of-court, should not be admitted in evidence, or heard by the jury. As attorney Eric T. Kirk will tell you, when the defense shows that the methods used by law enforcement were so... Read more »
Can the Police Just Set up Roadblocks for Sobriety Checkpoints?
In MICHIGAN DEPT. OF STATE POLICE v. SITZ, 496 U.S. 444 (1990), the Supreme Court approved the use of sobriety checkpoints as an aid to apprehend those in violation the DUI laws. The subject checkpoint was used by Michigan. “[T]he Michigan State Police Department and its director, established a highway sobriety checkpoint program with guidelines governing... Read more »
Can the Police Keep Your Money or Your Car By Saying its Drug Related?
“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... Read more »
What is Boating Under The Influence in Maryland?
A seasoned DUI / DWI attorney Attorney Eric T. Kirk will tell you, the crime and the consequences are the same as DUI, except, with a few notable exceptions, you’re in a boat, not a car. If you are operating a boat under the influence, you are in a lot of trouble. The standards and legal principles that... Read more »
Is It Illegal And Negligent to Use A Cell Phone/ Text While Driving?
It is illegal to use a handheld cell phone while driving, at least in Maryland. Most states have enacted laws that prohibit cell phone use while driving, and in particular “texting” while driving. Maryland is no exception. It is illegal in Maryland to use a handheld cell phone to text, or talk, while driving. What are the penalties... Read more »
What is Considered Drug Paraphernalia?
Drugs, called “controlled dangerous substances”/ CDS under the law, are illegal. But is a pipe? Depending on the surrounding environment, any inanimate object could conceivably constitute paraphernalia. Seasoned criminal defense lawyers in Baltimore Attorney Eric T. Kirk MD know that the definition of drug paraphernalia is not finite. It can be anything. Creative prosecutors have successfully argued... Read more »
I’ve Been Charged With Reckless Endangerment. What Is That?
To convict under this charge, the State must prove, beyond a reasonable doubt, that the defendant recklessly created a substantial risk serious physical injury or death, to another. As with the separate crime of assault, one does not actually have to injure another to be convicted of this crime. As Attorney Eric T. Kirk will tell... Read more »
What is Considered A Bad Check? Can I Be Charged with a Crime?
Everyone who has ever bounced a check is not charged with a crime, and bouncing a check, standing alone, is not criminal. Honest mistakes happen. It’s probably a safe bet that everyone with a checking account has likely bounced a check, or come close. That does not mean criminal activity occurred. There are civil remedies... Read more »
I’ve been charged with Theft. What is Theft?
In these guides, I’ll explore in detail the myriad ways that one can commit a theft. Criminal defense lawyers in Baltimore Attorney Eric T. Kirk MD that remember their law school classes will tell you that theft, reduced to it most basic form, is stealing, or, put another way: …..taking of something of value of another, intending... Read more »
Is Larceny The Same As Stealing?
Criminal defense lawyers in Baltimore Attorney Eric T. Kirk MD understand that the Maryland theft statue is an omnibus or catchall provision, covering all manner of nefarious conduct, previously punished as specific common law crimes. The theft statute punishes the crimes formerly known as larceny, embezzlement, shop lifting and receiving stolen property.