Maryland DUI Lawyers Blog

Washington DC native Delonte West, guard for the NBA's Cleveland Cavaliers, pled guilty recently to weapons charges stemming from his arrest in Prince George's County Maryland. West's guilty plea came as part of a plea agreement that would allow him to play during the upcoming NBA season. Under the terms of the plea bargain, the NBA player will serve eight months of home detention, two months of supervised probation, forty hours of community service, and two years of unsupervised probation. Additionally, Delonte West is required to wear an electronic monitoring bracelet and to undergo counseling and alcohol treatment.

The weapons charges came after West was arrested in September for cutting off a police officer while changing lanes. The basketball player, who was driving a three-wheeled motorcycle called a Can-Am Spyder, was found to be carrying a Beretta 9mm handgun in his waistband, a Ruger .357 magnum strapped to his leg, and a shotgun in a guitar case strapped to his back. All three guns were loaded. West was also carrying an eight-inch Bowie knife and 100 shotgun shells. According to West's Prince George's County criminal lawyer, the NBA player was transporting the weapons from his mother's house to his own home in Fort Washington.

Originally charged with six weapons offenses, West pled guilty to carrying a dangerous weapon for his possession of the Bowie knife and to illegally transporting a handgun.
As part of his community service, Delonte West plans to speak with at-risk youth in Washington DC. Of his public service, West says, "If I never dribble a basketball again, I think I found my calling."

This article is presented by The Law Offices of David Benowitz, a criminal and DUI defense firm serving Washington DC, Maryland, and Virginia. For more information, please visit our Maryland DUI Lawyer or DC Criminal Defense Lawyer websites.

According to police, a man has confessed to the murder of Maryland artist Azin Naimi. Raymond Williams is being held without bail at the Montgomery County Detention Center after he confessed to killing the woman at an art studio where they both worked and dumping her body in a Washington DC alley. Williams is charged with first degree murder in the killing. It is not yet known if he has retained a Maryland criminal lawyer for his defense.

The art studio's surveillance video from July 18 shows Williams entering the building around 4:40 p.m. and Naimi arriving around 7:30. Later that evening, Williams departed in an SUV, but video does not show Naimi leaving the building. Prosecutors allege that between Naimi's arrival and Williams's departure, Williams used scissors to repeatedly stab the artist. He then attempted to clean and remove evidence from the scene and from the victim's body. Naimi's cell phone and traces of blood were found in the studio.

Early the next morning, Naimi's mother filed a missing person report when her daughter failed to return home or to answer the phone. Naimi's body was found in Washington DC several hours later, partially clothed with multiple stab wounds, broken ribs, and a black eye. Prosecutors call the murder a "heinous and violent act."

Williams admitted to killing Naimi in the studio, attempting to clear the scene of evidence, and transporting her body to DC.

The murder is Montgomery County's thirteenth homicide this year, already matching the total for 2009.

This article is presented by The Law Offices of David Benowitz, a criminal and DUI defense firm serving Washington DC, Maryland, and Virginia. For more information, please visit our DC Federal Criminal Lawyer or Virginia Criminal Attorney websites.

A Maryland grand jury indicted a 15-year police veteran on charges of first degree murder and related handgun charges after a shooting outside a nightclub in June.

According to authorities, an off-duty police officer, Gahiji A. Tshamba, 36, used his service weapon to shoot Tyrone Brown, 32, multiple times at close range, killing the former Marine. According to witnesses, the shooting occurred as an over-reaction to Brown's groping of a female companion of Tshamba outside a Maryland nightclub.

Tshamba's Maryland criminal lawyer said that his client proclaims his innocence and that he is "eager" for his chance to prove his innocence at trial. He argues that, though off-duty, Tshamba put himself on duty when he witnessed a sexual assault, and that he fired the fatal shots when he became fearful for his own safety.

If convicted, the police officer faces a possible sentence of life in prison without parole for the first degree murder charge. The charge of using a handgun to commit a felony and crime of violence carries the possibility of an additional 20 years.

Tshamba was intended to be a key witness in an armed robbery case and a first degree assault case scheduled for September. Prosecutors now say that they will have to see if those trials can proceed without Tshamba's testimony. If not, those cases will likely be dismissed. The Maryland criminal attorneys for the defendants in those two cases did not comment publicly on Tshamba's indictment or the possibility of their clients' case dismissals.

This article is presented by The Law Offices of David Benowitz, a criminal defense firm serving Washington DC, Maryland, and Virginia. For more information, please visit our DC Criminal Defense Lawyer website.

A Maryland State Trooper who is a 13-year veteran of the state police force has recently been charged with multiple counts of possession and distribution of child pornography. The incidents leading to the charges against Bruce Allen Tucker, 47, took place over a period of several months. The investigation into Tucker's acts began in March, and police discovered that his computer held more than 3,000 images of nude children and children engaged in sex acts. Tucker is accused of both receiving and exchanging child pornography via the computer. According to investigators, all exchanges of obscene material occurred while Tucker was off-duty. The trooper was arrested on July 16 and released on $50,000 bail. It is not clear whether or not Tucker has retained a Maryland criminal attorney to defend him against the charges.

Prior to his arrest, the trooper was serving in the Criminal Investigations Bureau of the state police force. Earlier in his career, Tucker spent eight years working in the Maryland State Police force's executive protection unit, which protects Maryland's governor and lieutenant governor. Tucker was a member of the executive protection unit during the administrations of Governor Robert Ehrlich and Governor Martin O'Malley.

According to spokeswoman Elena Russo, the Maryland State Police has suspended Tucker without pay as a result of his arrest and child pornography charges.

This article is presented by The Law Offices of David Benowitz, a criminal and DUI defense firm serving Washington DC, Maryland, and Virginia. For more information, please visit our Maryland DUI Lawyer or DC Criminal Defense Lawyer websites.

A Montgomery County man charged with murder after fatally shooting another armed man may have his charges reduced or dismissed after prosecutors have reviewed the evidence in the case. Larry A. Lamont, 27, was charged with first degree murder and the use of a handgun in a crime of violence after he shot and killed Marcus D. Duffin, 27, outside a Montgomery County residence.

After reviewing investigators' reports, prosecutors are anticipated to reduce or dismiss charges against Lamont, who was cooperative with authorities and immediately waived his Miranda rights to confess to the killing. Lamont told police that he shot Duffin after Duffin pulled a handgun on a third, unarmed man. If the first degree murder case goes to trial, Lamont's Maryland criminal lawyer could raise a "defense of others" argument, similar to a self-defense argument. Under Maryland law, a jury would acquit if they found that the defendant had a "reasonable belief that the third party was in imminent danger of bodily harm."

Lamont, who turned himself in to authorities shortly after the shooting, was cooperative with police, telling them his version of the events. He claims that Duffin and the third man were arguing when Duffin pulled a handgun and pointed it at the other man. Lamont fired, striking Duffin in the upper body and killing him. Lamont fled but turned himself in at a police station a short time later. Authorities report that Lamont appeared contrite and helpful during his confession.

At Lamont's bond hearing, Assistant State's Attorney Peter Feeney requested a delay while he reviewed the first degree murder charge, saying that the "viability" of the charges was questionable. Montgomery County District Judge Brian Kim granted a week's delay for a review of the investigation and charges.

This article is presented by The Law Offices of David Benowitz, a criminal defense firm serving Washington DC, Maryland, and Virginia. For more information, please visit our DC Criminal Defense Lawyer and Virginia Criminal Lawyer websites.

Lynda Carter Altman, star of the 1970's television series "Wonder Woman," has been found not guilty of municipal charges after a neighbor's complaints about her barking dog landed her in a courtroom. Altman's Montgomery County criminal lawyer said that the prosecution brought insufficient evidence to convict her of allowing her dog to disturb the peace.

Charges came after Altman's neighbor reported to animal services that the actress' Labrador retriever barked all night and prevented her from sleeping. She claimed that she repeatedly attempted to contact Altman to ask her to keep the dog inside, but she was never able to reach the star. Animal services issued a barking dog citation to the actress based on the neighbor's complaints. The acting Montgomery County attorney brought the case to district court as a result of the citation.

After the trial, the actress and her husband had little to say about the case.

This is not the first time the former Miss World 1972 had made courtroom news. In 1992, Lynda Carter Altman's husband, attorney Robert Altman, was found not guilty of eight felony charges of securities fraud after a lengthy and highly-publicized trial. In 2008, the actress found the body of a Washington DC woman floating in the Potomac River. She called out to nearby fishermen for help and waited on the scene until police arrived.

This article is presented by The Law Offices of David Benowitz, a criminal and DUI defense firm serving Maryland, Washington DC, and Virginia. For more information, please visit our DC Criminal Defense Lawyer and Virginia Criminal Lawyer websites.

When a person is convicted of a DUI and sentenced to jail, a Maryland DUI attorney will attempt to get the defendant the lightest sentence possible. However, in a neighboring state, one man convicted of a DUI didn't seem to think the best case scenario was a good deal after all. His issue wasn't with the length of his sentence, but with the initial reasons behind his month-long detainment.

When Arturo Carlos Santiago was arrested on suspicion of DUI in 2009, police determined that he had outstanding warrants in Washington DC and Maryland. Santiago waived extradition to Maryland, and he argued with police that he did not, in fact, have any warrants in DC.

He was telling the truth.

The Washington DC warrant had been withdrawn. In the meantime, Santiago spent 47 days in jail for the Maryland warrant and his pending DUI trial. When the trial came, Santiago pleaded guilty to DUI, and the judge sentence him to time served for the DUI conviction. Santiago was extradited to Maryland two days later. Upon his arrival in Maryland, authorities realized that the warrant on which Santiago had been held was not, in fact, for Arturo Carlos Santiago, but for someone else entirely--a man named Jose Hernandez. Santiago was released.

Upon his release, Santiago filed a civil suit claiming wrongful imprisonment on the grounds that he was held for warrants that did not pertain to him. A federal judge dismissed the suit, ruling that Santiago's DUI plea agreement to time served credited his entire incarceration to the DUI offense. Therefore, she ruled, the initial reason for his confinement was moot. The judge deemed that Santiago served 47 days in jail for DUI, and regardless of the fact that the initial basis for his confinement was an erroneous Maryland warrant, his sentence was just.

This article is presented by The Law Offices of David Benowitz, a criminal and DUI defense firm serving Maryland, Washington DC, and Virginia. For more information, please visit our DC DWI Lawyer or Virginia DUI Lawyer websites.

Police report that the fatal shooting of an intruder at a Prince George's cCounty apartment complex appears to be justifiable homicide carried out in self-defense. According to police, 29-year-old Benjamin Jackson returned fire against an intruder who forced him into his apartment, wounding the suspect who later died at an area hospital. While an investigation is pending to determine whether or not Jackson will face charges, preliminary findings show that the shooting was justified. According to the Prince George's County State's Attorney, "Generally speaking, people do have a right to defend themselves and others in their homes, including deadly force in some circumstances." However, in comparison with criminal homicide, justifiable homicide cases are rare. According to 2008 FBI reports, there were only 204 firearm-related justifiable homicides compared with nearly 9,500 criminal murders involving firearms. While the use of deadly force in self-defense is rare, Maryland criminal lawyers understand how to utilize the theory of justification as a defense to murder charges.

In this case, although the shooting appears to be a classic case of self-defense, an investigation is still underway. Police have not yet determined whether the gun used by Jackson to shoot the intruder was possessed legally. Jackson has two prior misdemeanor convictions of carrying a concealed weapon in another state.

Additionally, the family of the man killed denies that he would be linked to such a violent crime. They report that he was a loving father of two and a youth mentor. However, the suspected intruder, tentatively identified as Keith L. Fletcher of Washington DC, is suspected in another robbery earlier that day and had an active warrant for his arrest stemming from his alleged involvement in a March carjacking and robbery. Fletcher was also arrested three times in 2008--twice for drug charges and once for robbery and assault. Fletcher's DC criminal defense attorney was successful in having all three cases dropped: one due to lack of evidence, one for an officer's failure to testify in court, and the third for the victim's inability to identify Fletcher as his attacker.

As the investigation into the incident continues, police are still looking for two other suspects who fled the scene of the home invasion.

This article is presented by The Law Offices of David Benowitz, a criminal defense firm serving Maryland, Washington DC, and Virginia. For more stories like this one, please visit our Washington DC Criminal Defense Lawyer blog.

A charity fundraiser turned deadly when an SUV veered into a line of motorcycles riding in memory of a Windham police officer. A motorcycle passenger was killed and two drivers injured when a Chevy Blazer struck them, sending them into a guardrail. One of the injured victims was treated and released from a local hospital; the other was airlifted in critical condition to Beth Israel Deaconess Medical Center.

The driver of the SUV, Randall Stewart, 46, was alleged to be driving while intoxicated at the time of the accident. Numerous area police departments received word of his Chevy Blazer driving erratically before the crash. Officers participating in the Knight Ride charity motorcycle event noticed Stewart's vehicle and tried to get him to slow down; however, before they could do so, Stewart swerved into the opposite lane and struck two motorcycles. Police at the scene noted that Stewart seemed markedly impaired, saying that he "couldn't stand up straight" and "he couldn't put together a coherent sentence."

Stewart admitted to police that he had taken a prescription painkiller earlier that morning, but denied consuming any alcohol. However, only 12 hours before the accident, Stewart was charged with class A misdemeanor DWI as a second offense under New Hampshire DWI laws. He was previously convicted of his first DWI in 2005.

While it is not unusual for a New Hampshire DWI lawyer to see repeat offenders, it is unusual that someone would be charged with the crime twice in less than 24 hours. Officers report that the first incident was "kind of a routine DWI." Stewart was arrested after motorists observed him driving erratically without headlights. After his arrest, Stewart was issued a summons to appear in court, and police officers drove him home. Several hours later, he was again charged with DWI after the accident that claimed the life of a 49-year-old woman. New Hampshire DWI laws stipulate that a DWI accident that causes serious injury is considered "aggravated DWI." As such, Stewart has been charged with negligent homicide, aggravated driving while intoxicated and two counts of felony reckless conduct. He is in police custody with bail set at $100,000.

Allegations of child abuse are among the most emotionally charged cases a Maryland criminal attorney will see during the span of his or her career. Public outrage and the protection of the child are often pitted against the constitutional rights of a defendant who is supposed to be considered innocent until guilt is proven. The recent sentencing of a Maryland man convicted of child pornography shows that child abuse and child sexual assaults are not taken lightly in the judicial system.

Jason Emory Gilmer, 29, who has been in police custody since his May 2009 arrest, was sentenced to 30 years in prison for two counts of production of child pornography and distribution of child pornography. He is additionally sentenced to lifetime supervision after his release.

According to a plea agreement arranged by his Maryland criminal lawyer, Gilmer was investigated by police after an FBI agent downloaded several pornographic images of children from a file-sharing program on Gilmer's computer. During the investigation, agents seized Gilmer's computer, which was found to contain over 750 images of child pornography, including sexually explicit photos of two girls, aged 12 and 14, over whom he had supervisory custody. The 12-year-old girl is learning disabled, and the 14-year-old is autistic. Documents report that the younger girl told police Gilmer had photographed her naked, and Gilmer admitted to taking sexually explicit pictures of the older girl.

In addition to his convictions for production and distribution of child pornography, Gilmer still faces other state charges.

Gilmer was in custody over a year from the time of his arrest until his sentencing. In cases of child sexual abuse, certain constitutional rights of the accused are balanced against the protection of the child. In many instances, the defendant is denied the right to face his or her accuser, and while a person accused of sex abuse is supposed to be considered innocent unless proven guilty, the opposite is often true in the court of public opinion. Understanding how the criminal justice system is supposed to work in such cases, Maryland criminal lawyers fight to help their clients protect their constitutional rights through the judicial process.

Sometimes, people find themselves charged with the same type of crime again and again. When standing with a repeat offender at sentencing, a Maryland criminal attorney often sees that a history of prior convictions can remove any leniency a judge might consider granting. The recent sentencing of a Prince George's County man convicted of drug charges is a perfect example.

Rodney Erik Bryant, 32, pleaded guilty in October to possession of narcotics with intent to distribute and to possession of a firearm by a felon. Bryant's plea came in response to his December 2008 arrest after police raided his home based on a tip from a confidential informant. As they searched his home, police discovered a number of illegal substances and products, including several hundred grams of cocaine, over a kilogram of marijuana, heroin, drug paraphernalia, and a pistol.

At his sentencing, Judge Alexander Williams, Jr., of the U.S. District Court for the District of Maryland, noted Bryant's criminal history and record of prior convictions and enhanced his sentence to 20 years in prison for his drug possession and firearm convictions. Bryant's Maryland criminal lawyer had no comment on the judge's decision.

Bryant's criminal history dates back over 16 years to his juvenile record. He has been previously convicted of possession with intent to distribute as well as other drug-related charges, armed carjacking, and assault.

While some judges are inclined to show leniency to first offenders, they often have little patience for repeat offenders. When a judge notes that a person has a lengthy criminal history or that he or she has been repeatedly convicted of the same crime, the judge may assume that the criminal history is an indication that the accused is likely to continue to commit the offense. A Maryland criminal attorney knows that sentencing guidelines are just that--guidelines--and that a judge has discretion to show leniency or to enhance penalties after a guilty verdict.

Advancing technology and popular social networking sites such as Facebook have opened up a whole new world in the criminal justice system. Previously unheard of computer crimes, such as teen sexting and cyber-bullying, are becoming commonplace. Video sharing sites have seen exponential growth not only in family videos, but also in videos of "pranks" and other criminal activity. Every Maryland criminal attorney has seen a case where video evidence makes up the bulk of the prosecution's case. When such a video goes viral, the general public sees that evidence as well, possibly making it more difficult to find an unbiased jury if a case goes to trial. Social media sites have made it easy for teens to post video of their antics, not realizing the consequences of documenting potentially criminal behavior and broadcasting it worldwide over the internet.

Recently, the beating of a student at Bowie High School in Prince George's County was posted to Facebook, launching a police investigation into the assault.

The video shows one student knocking another to the ground and repeatedly kicking and punching him while other students either watched or ignored the incident. Only one student is seen striking the victim, but during the attack, someone stole the student's backpack and iPod. A spokesman for Prince George's County schools says that other students have been identified in planning and executing the assault, and all students involved face expulsion.

The father of the victim wants to press criminal charges. The Prince George's County sheriff's office plans to review not only the Facebook video, but also footage from the school's security cameras. If authorities find enough evidence to prosecute, the attacker's Prince George's County criminal lawyer will need to closely review the video to determine whether the evidence is as convincing as prosecutors believe.

Video evidence is becoming rampant in prosecuting criminal cases. From dashboard cameras in police cars to security surveillance cameras to cell phone video from bystanders, cameras are everywhere. However, in the hands of a competent Maryland criminal lawyer, that video evidence is not necessarily as concrete as it might first appear. Poor image quality may cause misidentification of suspects. Inaccurate date stamps may affect an investigation. Video editing may misrepresent a person's actions. However, with the ability of evidence to go viral in a matter of minutes, people would be wise to consider their actions in the presence of a camera.

Two breaking stories about forced prostitution in Prince George's County have police officers encouraging hotel owners and staff to be alert for signs of human trafficking. As officers launch an investigation, Prince George's County criminal lawyers will be keeping an eye on the developing situation.

Police began asking for hotel owners' help in identifying potential human trafficking after two arrests in just 48 hours. The first arrest came as a result of a tip that a 12-year-old girl was being used as a prostitute at the Knight's Inn. When police arrived, they found the girl, a runaway who was reported missing from Washington DC in May. They arrested Derwin Samuel Smith, 42, who was later charged with three counts of human trafficking, two counts of prostitution and false imprisonment.

Allegedly, Smith met the girl while she was working as a prostitute in Washington DC. He then transported her to other locations, including Prince George's County. The girl claims that Smith took the money the girl made as a prostitute, and when she wanted to quit, he held her against her will.

News of this arrest led to another tip, which reported possible forced prostitution at a hotel just half a mile from the Knight's Inn. When police arrived at the Garden Inn, they found a 19-year-old woman who had been abducted at knifepoint from a party in late April. The woman reported that a 16-year-old girl and another woman were also staying at the hotel. The police are investigating their participation, but believe the teenager was also a prostitute. In this case, Gabriel Dreke-Hernandez, 23, was arrested and charged with first- and second-degree assault, six counts of human trafficking, prostitution, kidnapping and false imprisonment.

The arrests launched a countywide initiative to crack down on prostitution and human trafficking in Prince George's County. Police are monitoring activity in and around local hotels, and they have asked hotel staff to be alert for signs of human trafficking, including paying for a hotel room in cash and refusing maid service. However, a Prince George's County criminal lawyer knows that such acts are not necessarily signs of criminal activity; they could simply be signs of not wanting to use a credit card or of desiring undisturbed rest.

One public official said that if hotel staff does not cooperate with the investigation, "they're abetting criminal behavior." Prince George's County criminal attorneys will continue to monitor the investigation to ensure proper handling of cases leading to arrest and criminal charges.

Maryland DUI lawyers often see cases with unusual circumstances. People have been arrested for DUI offenses while riding bicycles and driving lawnmowers as well as engaging in sexual intercourse while operating a vehicle. One ironic Maryland DUI case involved a repeat DUI offender who was involved in a collision with the same judge who only eleven years ago had suspended his sentence for a DUI conviction. Rene Fernandez, 45, was recently sentenced to 18 months in Montgomery County Jail for his role in the accident.

In 1998, Fernandez appeared before two Montgomery County judges on separate DUI charges. In the first case, the judge sentenced him to probation before judgment, which is not treated as a conviction. In the second case, Judge Edwin Collier sentenced Fernandez to 60 days in jail but suspended the sentence. Fernandez had gone eleven years without a DUI arrest before the 2009 collision with Judge Collier. In that incident, Fernandez was driving with a BAC nearly twice the legal limit when his vehicle swerved into oncoming traffic and struck Collier's car, seriously injuring both the judge and his wife.

As a result of the accident, Fernandez pled guilty to one count of causing a life-threatening injury while intoxicated. A Montgomery County Circuit Court judge sentenced Fernandez to the maximum of three years' imprisonment, but suspended half of the sentence. According to his Montgomery County DUI lawyer, Fernandez is an alcoholic who no longer drinks and is committed to staying sober. At the time of his arrest, Fernandez was a permanent U.S. resident; therefore, his conviction could make him eligible for deportation.
This case of a repeat DUI offender who struck the exact same judge who once granted him clemency on a similar conviction is only one of the unusual cases a Montgomery County DUI Attorney may see in his or her career. No matter how ordinary or how bizarre, every case has its own unique circumstances that must be evaluated when defending DUI charges.

It is the Constitutional right of every person accused of a criminal act to have a fair trial. It is the job of every Maryland criminal lawyer to ensure that people facing criminal charges in Maryland receive that fair trial by an impartial jury. The Constitution provides this right for all people, and that includes those already convicted and incarcerated on other charges.

Recently, an inmate at a Maryland state prison was indicted for the murder of his cellmate. Mario Lawrence Bowling, 44, was incarcerated at Western Correctional Institution after being convicted in Montgomery County Circuit Court of two counts of robbery with a dangerous weapon, robbery, and assault. He was to serve 25 years. His cellmate, whom he is accused of killing, was serving a 100-year-sentence for murder.

As a result of his cellmate's death, Bowling was indicted on charges of first-degree murder, first-degree assault, second-degree assault and reckless endangerment. His Maryland criminal attorney successfully argued for a change of venue in Bowling's trial, saying that a local newspaper's erroneous statements would make it impossible for his client to receive a fair and impartial trial. The paper reported that Bowling was serving a sentence for murder, rather than robbery, implying a criminal history more severe than his actual record. A judge agreed that the false reporting might skew potential jurors' perceptions of the defendant and granted a change of venue. Bowling's trial is set to begin August 5.

A person's previous actions or criminal history are not necessarily indicators of his or her guilt in current cases. Bowling's status as a convicted felon should be irrelevant to the verdict in his upcoming trial. However, his Maryland criminal lawyer understood that public perception would be biased against his client as a result of the false local reports. Regardless of Bowling's criminal history or incarceration status, he -- just like every person charged with a crime in the U.S. -- is entitled to a fair and impartial trial.