Brenda & Alan Fishbein



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Category: Criminal Law

In Opioid Caused Death, in Order For the State to Prove Iinvoluntary Manslaughter, the State Must Prove Beyond a Reasonable Doubt the Existence of a Casual Nexus Between the Defendant’s Act and the Victim’s Death,   Criminal Law   Leave a Comment

In an Opinion released on April 4, 2018 the Court of Special Appeals in Patrick Joseph Thomas v State of Maryland held that as a result of the current opioid epidemic wherein some state’s attorneys have charged the sellers of heroin and other dangerous drugs with homicide crimes when a buyer dies from an overdose  … Read more

Adult host liability for injuries caused to a third person by an under age person drinking of alcohol on the host’s property,   Criminal Law   Leave a Comment

The Maryland Court of Appeals in two recent cases Kiriakos vs..Phillips and Dankos vs. Stapf released on July 5, 2016 held that an adult who knowingly and willfully allows underage drinking by persons under 21 in the adults home can create liability . for the host if the underaged driver subsequently injures another person with  … Read more

Use of DNA Evidence,   Criminal Law   Leave a Comment

The use of DNA evidence is expanding. In a recent case George Varriale v. State of Maryland, the Court of Appeals opinion released on August 11, 2015 held that a person who voluntarily gave a DNA profile which was later found to implicate the Defendant in an earlier unrelated case was an appropriate use of  … Read more

Do You Need to Know Your Driving Privilege Has Been Suspended in Order to be Convicted of Driving While Suspended?,   Criminal Law   Leave a Comment

Frequently clients contact our office with regard to traffic offenses in which they have been charged with driving while suspended in which they contend that they did not know that their driving privilege was suspended. This may arise in a variety of contexts. One context is where the defendant failed to appear in Court for  … Read more

How to Expunge Your Criminal Record,   Criminal Law   Leave a Comment

Expunging your criminal record in Maryland is possible under Maryland law.§ion=10-101&ext=html&session=2014RS&tab=subject5. Expunging a criminal record means that all information about your arrest and conviction are removed from the Court and police records that are open to public inspection. If you were charged with a crime, you may be able to have the matter expunged  … Read more

Do You Have the Right to Consult With a Lawyer Before Taking a Breathalyzer Test If You are Stopped for Suspicion of Driving While Intoxicated,   Criminal Law   Leave a Comment

One of the hallmarks in American jurisprudence is the concept that the accused has the right to consult with an attorney before making any choices in which a party could be exposed to criminal penalties. In a recent Maryland Court of Appeals decision, Motor Vehicle Administration v. Deering, the Court of Appeals held that a  … Read more