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Maryland's Sex Offender Registration and Notification Act

The Law Office of John R. Discavage, P.A. — Fri, 24 May 2013 15:10:00 GMT

As of July of 2011, Maryland complied with the Sex Offender Registration and Notification Act, which was passed by Congress in 2006. In order to become compliant, Maryland made sweeping changes to its existing sex offender laws.

In Maryland, sex offenses are divided into 3 tiers with tier 3 offenses being the most severe and with tier 1 offenses being the least severe. Those who are convicted of a tier 3 offense must register every 3 months for the rest of their life. Tier 3 offenses include all degrees of rape, 1st, 2nd, and aggravated 3rd degree offenses; sexual abuse of a minor; kidnapping, incest, murder with intent to sexually offend, rape, or sexually abuse a minor; forcible sodomy; and all attempts, conspiracies and solicitations.

Tier 2 offenders are required to register every 6 months for 25 years. Tier 2 offenses include: abduction of a child for prostitution, distributing or manufacturing child pornography, and sexual solicitation of a minor, human trafficking, 3rd degree sex offenses, and crimes involving the sale or prostitution of children.

Tier 1 offenses require registration every 6 months for 15 years. Tier 1 offenses include 4th degree sex offenses, possession of child pornography, visual surveillance with lustful intent, various federal offenses that are not criminalized in Maryland, and all attempts, conspiracies and solicitations.

As of August 1st of 2012, there were 6,594 Tier 3 registrants, 538 Tier 2 registrants, and 869 Tier 1 registrants, thereby amounting to a total of 8,001 registered sex offenders in Maryland. Under the Sex Offender Registration and Notification Act, all registrants are required to report all places which they "habitually live." All registrants must provide notice when they plan on being away from their habitual residence for more than five days, and homeless registrants must register weekly unless their habitual residence can be verified such as a homeless shelter.

The numbers of registered sex offenders in Maryland have jumped from 3,200 in 2003 to 7,212 registered sex offenders in 2011 and 8,001 by August of 2012. As of the implementation of the Act, juvenile offenders are now required to provide a sample of their DNA and their fingerprints; juveniles must register every 3 months during their probation; anyone convicted of any felony on or after October 1, 2010 with a prior sex offense conviction must register; and, under the Act, the term of sex offender registration is now determined under the new requirements, the old requirements do not apply.

40 Pounds of Marijuana Found in Driver's Minivan

The Law Office of John R. Discavage, P.A. — Mon, 20 May 2013 14:00:00 GMT

Frederick, MD – According to the Maryland State Police, they found 40 pounds of marijuana in the back of a man's minivan after troopers pulled him over on Interstate 70. The police said that the van driven by the 52-year-old Michigan resident had a faulty taillight. The troopers report that the suspect appeared nervous when speaking with the officer after he was pulled over. Based on the man's questionable behavior, the officer called for a K-9 unit so that a police dog could scan the vehicle for drugs.

During the search the dog alerted police that there were drugs in the vehicle. The police said that upon inspection, the trooper discovered 39 bricks of marijuana hidden in a drum case in the rear of the minivan; the police also found cocaine inside the vehicle. The News-Post of Frederick reported that the 52-year-old suspect was charged with possession with intent to distribute marijuana and cocaine among other offenses.

Maryland Marijuana Penalties

The state of Maryland criminalizes offenses connected to the possession, distribution, and trafficking of marijuana. In Maryland, the penalty for possessing 10 grams or less of marijuana for personal use is $500 and 90 days in jail. The penalties for possessing 10 grams to 50 pounds are up to 1 year in jail and a $1,000 fine. However, possessing with intent to distribute less than 50 pounds of marijuana is a felony offense which involves up to 5 years in prison and a fine not exceeding $15,000.

When someone possesses marijuana with the intent to distribute in a school vehicle, or in, or within 1,000 feet of an elementary school or a secondary school, it is a felony offense punishable by up to 20 years in prison and a fine not to exceed $20,000. For subsequent convictions, the person faces from 5 to 40 years in prison for each violation and a fine not exceeding $40,000. For those offenders who were previously convicted of possession with the intent to distribute, they are subject to the mandatory minimum sentence of 2 years.

If you are facing drug charges for possession, possession with the intent to distribute, cultivation or drug trafficking, contact a Frederick drug crime attorney from The Law Office of John R. Discavage, P.A. for an aggressive defense against your drug charges!

North Carolina Man Arrested in Connection to Slaying of Ex-Girlfriend

The Law Office of John R. Discavage, P.A. — Thu, 16 May 2013 20:36:00 GMT

On May 14 th, The Frederick News-Post reported that on Monday, the Howard County police announced that a 43-year-old resident of Charlotte, North Carolina was arrested over the weekend. According to the police, he is the suspect in the shooting death of his ex-girlfriend. She was found shot to death inside her car near her new home in Columbia, Maryland on Saturday, May 4th, 2013

According to The Frederick News-Post, investigators learned that boyfriend and girlfriend were arrested back in March after a domestic violence incident. After the arrest, the girlfriend broke up with her boyfriend and moved to Maryland from Ilion, New York; however, her ex-boyfriend continued to harass her despite the fact that she ended the relationship.

The police say that the suspect rented a North Carolina rental car which was returned the day after the shooting with more than 1,000 miles put on it. As of May 14th, the 43-year-old murder suspect was being held pending extradition.

About Domestic Violence

Domestic violence or domestic abuse refers to violence that occurs between married couples, unmarried couples, family members, people who live together, and people who have a child in common. Domestic violence often involves spousal abuse or child abuse, and it can include all types of physical violence, sexual assault, and threats of physical violence. While more men are arrested for domestic violence than women, women can also be perpetrators and men can be the victims of domestic violence; however, men are less inclined to report when they are the victims of such abuses out of fear of ridicule or appearing to be less of a man.

While there is no excuse for domestic violence, especially when children are witnesses or worse, victims, it doesn't mean that people aren't falsely accused with this crime every day. All too often domestic abuse allegations are entirely based on lies, particularly in the course of a heated divorce or child custody battle. The problem is that if one is wrongfully convicted for such a crime, the consequences can be harsh and may result in denied custody or visitation of one's own children.

If you have been accused of abusing your partner, your spouse or your children, you are urged to contact a Frederick criminal defense lawyer from The Law Office of John R. Discavage, P.A. right away. Criminal accusations for domestic violence are very serious, but it's important that you understand that you are not without options and you should not give up hope.

With a 27-20 Vote, Maryland Senate Approves Legislation to Repeal Death Penalty

John Discavage — Tue, 26 Mar 2013 23:50:00 GMT

In recent years a number of states have passed legislation to ban capital punishment and abolish the death penalty. In fact, there are currently 17 states that have banned the death penalty; Connecticut, Illinois, New Jersey, New Mexico and New York are amongst some of the most recent states and it appears Maryland is well on the way to joining their ranks. With a 27-20 vote in the Maryland Senate on Wednesday, March 6th, 2013, the backing of Governor Martin O'Malley and alleged support in the House, many expect the measure to repeal the death penalty to be passed when it comes before the House of Delegates. Those who oppose the move, however, are hoping if the House does pass the bill, that citizens will petition to have the issue added to the ballot so voters can voice their wishes as to whether or not they want Maryland to abolish the death penalty.

Anytime an individual commits a crime, they are looking at the very real possibility that they could be convicted and face hefty fines, extensive jail time, probation, and other penalties. Those convicted of particularly violent crimes could be looking at life in prison without the possibility of parole, or as the law currently stands, the death penalty. That is why finding the right legal representation is essential. Simply finding an attorney who is willing to take your case is not enough. You want an attorney who has extensive experience representing clients facing all types of criminal defense charges. You want an attorney who is not only intimately familiar with all aspects of criminal defense law, but one who has served at hundreds of trials and has a proven success record.

Whether you are facing charges for assault, DUI, drug charges, misdemeanors, or even the most violent of crimes, we recommend you contact a skilled criminal defense lawyer at The Law Office of John R. Discavage, P.A. Our lead attorney is a former Assistant State's Attorney, who has built a reputation for being fully committed to providing clients with a high-quality, aggressive defense. It is his expertise and insight into how the prosecution will present the charges against you that helps give us a unique edge when strategizing your defense in order to obtain the most positive outcome on your behalf.

When charged with a criminal offense, it is your Sixth Amendment right to have legal counsel defend you and your interests. Contact a Frederick criminal defense attorneyat our firm today in order to exercise that right and learn how we can help you.

Frederick Officials Attempt to Quell Merchant Concerns Over 8.7 Percent Increase in Major Crimes

John Discavage — Wed, 20 Mar 2013 23:50:00 GMT

According to statistics and reports from the Frederick Police Department, 2012 saw an 8.7 percent increase in major crimes as compared to 2011. In fact, crimes such as robbery, theft, burglary, grand theft auto, and rape all saw an increase last year. While law enforcement officials do not see this increase as a major concern, especially considering the commensurate increase in the local area population, many merchants have admitted they are now on heightened alert.

A bold daytime robbery, which occurred at Colonial Jewelers in early February, and involved three masked men pepper-spraying employees in order to make off with an estimated $200,000 in jewelry and other merchandise, only served to compound merchant concerns. Numerous business owners have stated they are increasing security measures at their stores in an effort to deter such criminal activity. The Frederick Police Chief, Thomas Ledwell, has also said he will be using the crime statistic information to hone in on areas with increased crime levels while developing department-wide strategies geared to better fight crime in 2013.

With law enforcement officials and local merchants gearing up, in an effort to crack down hard on any and all criminal activity, there are times when their zealous intentions may result in an erroneous arrest. That is why, if you or a loved one has been arrested in or around the Frederick area, we strongly advise you contact our firm and consult with one of our skilled criminal defense attorneys. When you contact our firm, we will take the time to review the charges and evidence against you, devise a strategy for your defense, and fight aggressively to protect your freedom and rights.

Contact a Frederick criminal defense lawyerat The Law Office of John R. Discavage, P.A. today in order to discuss your case and review your legal options.

Are BUI Laws the Same as DUI Laws?

John Discavage — Tue, 12 Mar 2013 23:50:00 GMT

Anytime an individual attempts to operate a vehicle, whether it is a car, truck, motorcycle, boat, or other type of vehicle while they are under the influence, they are putting themselves and others in harm's way. That is why there are strict laws against the operation of a motor vehicle, or boat, while under the influence of alcohol or drugs. It is important to note, however, that Maryland laws for DUI are different than the laws for BUI.

When an individual has been pulled over for a suspected DUI/DWI the law enforcement officer will commonly administer a series of three field sobriety tests intended to gauge the person's response time, their balance and their ability to follow directions. In many cases, the individual will also be asked to submit to a breath and/or blood test in order to determine whether or not their blood alcohol concentration (BAC) is above the legal limit. While an individual does have the right to refuse to submit to such testing, Maryland's "implied consent" law says that you consent to submit to such testing should an officer have probable cause to pull you over for a suspected DUI. In addition, refusing to be tested will lead to the suspension of your driver's license for 120 days. In most cases, even after an individual has allegedly failed a field sobriety test, or registered a BAC above the legal limit, there are ways to challenge this so-called evidence. This is because misaligned equipment, improper test administration, environmental factors, and other reasons are all capable of producing faulty readings.

When an individual has been pulled over for BUI while rowing, jetskiing, sailing, boating or operating a power boat you are not legally required to submit to field sobriety tests, or a breath or blood test, unless an injury or death has occurred. Even then, you should never agree to submit to a portable breathalyzer test. Instead, you should exercise your right to contact The Law Office of John R. Discavage, P.A. and speak with a knowledgeable criminal defense lawyer before answering any questions.

In either instance, whether you are facing DUI or BUI charges, when you contact a Frederick criminal defense attorney at our firm, we will immediately put our expertise to work in order to investigate the charges against you, challenge any alleged evidence presented by the prosecution, and will pursue every avenue in order to help you fight for a positive outcome in your case.

How to Fight a Disorderly Conduct Charge

John Discavage — Fri, 08 Mar 2013 00:50:00 GMT

The state of Maryland loosely classifies the crime of disorderly conduct as disturbing the public peace by acting in a disorderly manner, disobeying a lawful and reasonable order by a law enforcement official attempting to maintain the peace, willfully obstructing or hindering others from entering or exiting a public place or a public form of transportation, disturbing the peace of another by making unreasonably loud noises, and other such actions. Needless to say, a disorderly conduct charge can encompass a broad spectrum of behavior. This does not mean, however, that a disorderly conduct charge should be ignored or disregarded.

In fact, it is in your best interest to immediately contact a Frederick criminal defense lawyer at our firm as soon as you have been arrested or charged with disorderly conduct. Once you contact us, we will work diligently to find out the specific reason for the charge and then fight aggressively, on your behalf, to either have the charges dropped in their entirety or have them reduced to a civil penalty. The last thing you want is to be convicted. While it is a misdemeanor offense, anyone convicted of disorderly conduct is subject to fines of up to $500, imprisonment not to exceed 60 days, or both. In addition, the conviction will go on your permanent criminal record.

Although we cannot guarantee the outcome of any given case, the most effective defense against a disorderly conduct charge is to have a seasoned criminal defense attorney on your side. Do not jeopardize your freedom and your future because of a vague law.

Contact The Law Office of John R. Discavage, P.A.today and let us help you protect your rights.

Fourth Degree Sexual Offense

John R. Discavage — Thu, 07 Feb 2013 22:20:00 GMT

Until recently, a conviction for the crime of Fourth (4^th) Degree Sexual Offense (CR §3-308) in the State of Maryland was considered a minor misdemeanor and an offender was not required to register as a sex offender on the Maryland State Sex Offender Registry. The judge had complete discretion over who would be required to register and could weigh all of the facts and evidence specific to each case to determine if it was appropriate under the circumstances. It allowed our system of criminal justice to work the way it was designed, with judicial discretion, attorney advocacy for clients and without administrative penalties driving the train behind criminal trials. Well, times of changed. Whether good, bad or indifferent, the Maryland State Legislature recently changed the playing field by amending the registry reporting requirements for the offense of Fourth Degree Sexual Offense. It took discretion away from the Maryland Judges and now makes having an experienced attorney on your side more important than ever. So, be forewarned: the charge has teeth, and it will bite.

I will not reprint the entire Stature, but the gist Sexual Offense in the Fourth Degree (CR §3-308) states that any person, or "person in a position of authority" (principal, vice principal, teacher or school counselor), may not engage in sexual contact with another without the consent of the other (see Maryland Criminal Laws Annotated, LexisNexis 2012 ed.). "Sexual Contact" is further defined in §3-301 and can be ANY touching of an "intimate" area of another, and valid "consent" may depend on the age of the victim or the relationship to the accused. The penalty for this crime, as a first offender, is imprisonment not exceeding 1 year or a fine not exceeding $1,000.00 or both. The penalty is greater for anyone with a prior sexual offense conviction.

The Maryland Sexual Offense Registry requirements and other information can be reviewed at http://dls.state.md.us/data/polanasubare/polanasubare_coucrijusncivmat/Sex-Offenders.pdf or http://www.dpscs.state.md.us/onlineservs/sor/frequently_asked_questions.shtml. If you are charged and convicted of Sexual Offense in the Fourth Degree you will be considered an "offender" and required to register for fifteen (15) years on the Registry. The Registry is a public database and can be accessed online by anyone. The only way to prevent registration and reporting is to prevent a conviction in the first place.

My reason for writing this blog is not to debate the importance of the Statute, nor is it to take a personal position on the change in reporting requirements. That could be the subject of a book, not a blog. The purpose might be that knowlege is prevention, as much as it might be to those charged, "get a lawyer and do not take it lightly." Nonetheless, I handled a case recently involving a teacher and his former student that demanded knowledge of this Statute inside and out. It required the ability to successfully argue it to defend my client. In the end, the judge agreed and a just result was reached: I prevented the conviction and my client's name from appearing on the registry. With the change in the Maryland State reporting requirements, this was no longer a simple misdemeanor case anymore. Even where the allegations were not the most serious, it became a misdemeanor case where a conviction for my client could have been devastating and life changing.

If you are charged with Sexual Offense in the Fourth Degree, you need a lawyer immediately. The specific facts of each case will determine available defenses in a case, including, the age of the alleged victim, relationship with the accused, nature of the alleged act(s), and prior criminal history of the accused. We have the knowledge and experience handling these cases. Do not wait to get bit in the end.

Contact our office at 301-668-1341 if you would like to discuss your case or this type of criminal charge with an experienced attorney.

Expungements

John R. Discavage — Fri, 18 Jan 2013 20:42:00 GMT

In the State of Maryland, if you are found not guilty at trial in your case, the State Prosecutor declines to prosecute your case by entering a "Nolle Prosequi" and dismissing the charge(s), or you receive a Probation Before Judgment disposition (no conviction), you are eligible to file a Petition for Expungement to destroy the records of the incident. If you file your Petition within three (3) years of the date of the disposition, your Petition MUST be accompanied by a "written general waiver and release of all the petitioner's tort claims arising from the charge." (Criminal Procedure section 10-105). Expungement forms can be found on the Maryland State Judiciary Web Site at www.courts.state.md.us. If the disposition of your case was a PBJ, you likely have to wait at least three (3) years before you will be eligible for an expungement. It is always advisable to have an attorney review your case and assure that you are eligible and that the Petition and Release are filed correctly.

It is important to note that the Court system and the MVA are independent and separate agencies. So, your MVA record may have entries listed relating to a DUI, DWI or traffic charge (i.e. an alcohol breath test or test refusal), other than a conviction. Breath test results and refusal entries on a motor vehicle record are not dependent on whether the charge resulted in a conviction.

The accuracy of all records is extremely important to your future. Whether you are seeking employment, applying to school, proving your character or simply want your record to accurately reflect you, our office handles all of these issues regularly: Expungements, DUI and all traffic cases and MVA issues that typically arise from traffic offenses.

Contact us if you would like to discuss your possible Petition for Expungement. We can make sure that all of your documents are filed and recorded accurately.

Common Questions About DUI Checkpoints

John R. Discavage — Mon, 24 Dec 2012 16:06:00 GMT

The holiday season is upon us and many of us will be celebrating the holidays with friends and family. Whether attending an office party, a family gathering, a dinner with friends or simply shopping for gifts, most of us will be out and about at some point during the holiday season. In the State of Maryland and specifically, Frederick, Maryland, the Frederick Police Department and the Frederick County Highway Safety Task Force will also be out and about looking for drunk drivers and conducting DUI DWI Checkpoints to detect, deter and prevent drunk driving and underage drinking. They have already begun their “saturation patrol.” See http://www.cityoffrederick.com/CivicAlerts.aspx?AID=1178 and https://www.fredericknewspost.com/sections/news/display.htm?StoryID=143771. So, I felt it would be appropriate to provide some information about these checkpoints.

COMMON QUESTIONS ABOUT DUI CHECKPOINTS:

1) Can a police officer stop my vehicle for no reason?

No. While an officer does not need probable cause/reasonable suspicion to approach a stopped or parked vehicle, generally, any stop or seizure of your vehicle is unreasonable under the Constitution unless an officer has specific and “articulable” facts that you are violating the law. At a DUI checkpoint, the officer actively stops or "seizes" your vehicle. The Supreme Court has held that while a checkpoint or roadblock is a “seizure” within the meaning of the Constitution, it is an acceptable and legal tool for law enforcement to use. The need and effectiveness of the stop in protecting the public outweigh the “minimal intrusion” caused to the driver. Nonetheless, officers MUST conduct checkpoints using very specific guidelines and procedures and follow all local ordinances and administrative rules. They must ensure such a minimal intrusion to the driver with a very brief exchange, but also safeguard the public from random, baseless searches and seizures.

2) Is a checkpoint or roadblock entrapment?

No. Entrapment is a recognized defense in the State of Maryland but in order to raise this defense, the person charged must show specific facts that the officer in some way induced, persuaded or compelled the driver to commit a crime. This is clearly not the case when local law enforcement carry out DUI checkpoints.

3) Can a driver evade, avoid or turn around at a checkpoint?

Yes. If you stop at the checkpoint, choose to comply and the officer discovers no reason to continue the stop, they must let you pass through. If the officer smells an odor of alcohol on your breath or your person and has reason to believe you are violating the law, they can continue to detain you. If you turn off the road or turn around before the stop, this alone does not give the officer reason or probable cause to stop your vehicle. Law enforcement does not block the side streets or force contact with the driver at any checkpoint. They might stop a driver for other reasons but not for simply avoiding the checkpoint.

Checkpoints and roadblocks are important tools that police officers use often during the holidays to prevent drunk driving and save lives. If you have not been stopped at a DUI checkpoint in Maryland, you should still be aware of your rights. If you have been stopped, arrested and charged with Driving Under the Influence or Driving While Impaired in Frederick, Maryland, as a result of a DUI Checkpoint or other traffic stop, my office can help and advise you through this difficult time. This Blog is not intended to create any attorney-client relationship or render any legal advice to those who are not clients of our office. It is for informational purposes only.

Our office knows the “guidelines” and rules that the State must follow in order to conduct a legal, non-random and effective DUI Checkpoint. If you have questions about your DUI arrest or other traffic citation, please contact The Law Office of John R. Discavage, PA, for a free consultation to see how we can help you with your case.

Thank you to all our friends, clients and family for your support and referrals throughout the year. I wish you all a safe and happy holiday.

Protective Order Hearing, Criminal Second Degree Assault Charge or Both?

John R. Discavage — Wed, 17 Oct 2012 17:25:00 GMT

I represent many clients who are involved in domestic incidents, domestic violence or otherwise, and in what feels like a blink, they find themselves having to defend against accusations of abuse in a protective order hearing, facing a criminal charge of second degree assault or even needing a quality defense for both types of cases. Many times, people choose to represent themselves in the protective order hearing and only seek an experienced attorney for the criminal case. Whether it is because they feel they are not facing jail or incarceration in a protective order and they see it as less serious or because of the short window of time they have to get a lawyer before the hearing, I cannot say; but, it is generally a mistake. I cannot emphasize enough the importance of hiring an attorney to represent you in each case.

These are two totally separate types of court cases, but each can greatly influence the outcome of the other. While both cases might involve the same parties, same witnesses and same evidence and might be based on the same set of facts and allegations, they are different areas of law. A protective order is a civil case. The petitioner (person eligible for relief) must show by clear and convincing evidence to the judge that you have committed an act of "abuse." Abuse is defined in Maryland as: 1) an act that causes serious bodily harm; 2) an act that places a person eligible for relief in fear of imminent serious bodily harm; 3) ASSAULT in any degree (as defined by criminal statutes); 4) rape or sexual offense or attempt; or 5) false imprisonment. The allegations MUST fall into one of these categories in order for the petitioner to prevail. You have an absolute right to a trial to defend yourself against the allegations in this type of case.

The consequences of the judge granting a protective order against you do not include jail or probation, but they can be very significant depending on the petitioner's request. You could lose your right to possess a firearm, lose temporary custody of a child, be ordered to pay emergency family maintenance (support) or be ordered to immediately vacate your family home and all of your possessions. Also, anything you say in the civil hearing can be used against you in any other case, such as a later criminal prosecution for second degree assault. So, the outcome of the civil case can potentially affect any other civil or criminal case against you. The prosecutor will likely investigate the earlier hearing while preparing the criminal case against you. Proceeding in this type of hearing without consulting an attorney could be detrimental to your criminal defense.

When the State of Maryland charges you with a second-degree assault offense, it is a criminal case. The basis for the charge might be the same set of facts as alleged in the civil protective order, but a criminal case has much different and significant consequences. Once a charge is filed, it is forwarded to the Office of the State's attorney for prosecution. The State prosecutor will determine if the case has merit and the one who filed it will likely become a witness for the State. In a criminal case, the State must prove beyond a reasonable doubt all of the elements of the charge to a judge or jury, before you could be found guilty of a second-degree assault. Again, you have a right to a judge or jury trial and to aggressively defend the charge against you. A second-degree assault criminal charge in the state of Maryland carries the possibility of 10 years in jail and/or a $2,500 fine or more, depending on the allegations. Proceeding without counsel could be a big mistake and can be detrimental to you, your family, your freedom and your future.

If you need a top quality defense lawyer to defend you from second degree assault allegations or from false accusations of abuse in a protective order case, you must speak with a defense lawyer from The Law Office of John R. Discavage. We have the experience you need to assure the best possible result in your case.

If you would like a consultation to discuss your case at no charge, please contact us now.

Welcome to our Criminal Defense Blog

Criminal Defense Attorney — Fri, 24 Feb 2012 19:10:00 GMT

We are pleased to announce the launch of our Criminal Defense Blog. You can subscribe to our RSS feed by clicking here.