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.

Carl Snowden, the director of the Office of Civil Rights for the Maryland attorney general's office, was arrested and charged with DUI and other traffic offenses, including driving while impaired by alcohol, negligent driving, failure to obey traffic control devices, and failure to obey designated land directions. This is the third time since 2002 that Snowden finds himself needing the services of a Maryland DUI lawyer.

In 2002, Snowden was charged with DUI and convicted of the lesser charge of driving while impaired and related offenses. He was sentenced to a year's probation and received a $250 fine. He refused a breathalyzer test during that arrest, and his license was temporarily suspended. In 2005, he was again arrested and charged with driving under the influence and negligent driving. In his most recent incident on June 8, 2010, Snowden was arrested and charged with DUI after an officer noticed him driving erratically.

The arresting officer reported that he noticed Snowden's vehicle veering across the center line and straddling the shoulder several times shortly before 1:30 a.m. When the officer pulled Snowden over, he claims he detected the odor of alcohol. Snowden explained that he had only had one drink. The officer had Snowden perform three field sobriety tests and then arrested Snowden on suspicion of DUI. At the police station, a breathalyzer test showed his BAC to be .09, slightly above the legal limit of .08 for DUI and .07 for DWI.

Snowden is not the only public official to recently seek counsel from a Maryland DUI attorney after repeated DUI charges. David A. Jacobs, a lobbyist who has represented the Prince George's County Council and Sheriff's Department, was released in November of 2009 after serving 36 days in jail as required under the terms of his sentence for his seventh DUI conviction. In the accident which led to the conviction, Jacob's BAC was twice the legal limit for DUI, registering at .17.

After Jacobs' most recent DUI conviction, he received a sentence of 28 days in an inpatient alcohol treatment program. Maryland DUI lawyers know that repeated DUI arrests and convictions are may be an indication of alcoholism for which treatment, rather than jail time, is often the more suitable solution.

Maryland DUI lawyers have long known that the results of clinical and field sobriety tests are far from infallible. Lack of training of test administrators, subjectivity of tests, human error, and defective equipment can all impact the results of a field sobriety test, breath test, blood test, or urinalysis. The recent discovery of uncalibrated breathalyzer machines in the DC Metropolitan Police Department underscores DC DUI attorneys' assertions that the results of such a test should not be the sole factor in a DUI conviction.
Earlier this year, an independent consultant suspected that at least eight of the Department's ten Intoxilyzer machines were not calibrated correctly, giving inaccurate readings. The Intoxilyzers, which are larger than the field breathalyzer equipment, are housed at the police stations and administered after a person's arrest. While it was initially suspected that eight of the machines were not calibrated correctly, the investigation into the matter recently revealed that all ten of the Department's Intoxilyzer machines were defective. The machines, which have been in use since 2008, were reading blood alcohol concentration levels up to 20% higher than the person's actual BAC. These inaccurate results were responsible for nearly 400 DUI convictions. Half of those convicted under the flawed evidence served jail time of five days or more, and others saw fines, probation, suspension of their licenses, and criminal records as a result of their erroneous convictions. At least one lawsuit has been filed because of the wrongful convictions.
The DC case shows that breathalyzer results alone should not be the sole factor in determining guilt, a fact which Maryland DUI attorneys have repeatedly affirmed. While results from clinical sobriety tests have been said to be "scientific proof," human error and faulty equipment negate the ability of these tests to provide indisputably accurate evidence.

Maryland DUI lawyers are no strangers to tales of bizarre incidents, and the recent case of a man police alleged to be drunk, high, and having sex while driving is no exception. The Maryland man plead guilty to DUI charges resulting from an accident last year that seriously injured his girlfriend. According to police, William Michael Watson, Jr., 25, was driving under the influence of alcohol and marijuana while having sex with his girlfriend when he crashed his truck last September.

Watson pleaded guilty to DUI and aggravated assault by vehicle while driving under the influence in the accident that severed his girlfriend's foot, caused her leg to be amputated below the knee, and left her with serious neck injuries. The guilty plea came as part of a plea agreement, an arrangement between a Maryland DUI attorney and the prosecution to ensure the best possible outcome to the case. Watson's plea agreement allowed for the dismissal of other charges against him, including speeding and driving without a license and insurance.

According to charging documents, Watson lost control of his pickup on a rainy night, striking an embankment and causing the truck to flip. A passerby came upon the scene and called police, noting that the girlfriend was pinned beneath the truck and naked from the waist down. The witness reported that Watson was crawling out of a window of the truck with his pants "around his ankles." Watson's girlfriend told police that prior to the crash, he had been drinking beer "one right after another." Watson admitted to police that he had also smoked marijuana prior to the accident, and that he and his girlfriend had been having sex "for a while" before crashing.

While not every DUI arrest involves so many elements that could lead to an accident, most Maryland DUI lawyers have seen their share of strange cases. In this particular case, any number of things could have caused the wreck: rain, speed, DUI, or sex while driving.

A Montgomery County District Court judge denied bail for a woman accused of attacking a pregnant woman with a taser. Christine Renee Devaux allegedly broke into the home of her boyfriend's daughter-in-law and assaulted her with a taser for more than 30 minutes. Devaux's Montgomery County criminal lawyer will defend her against charges related to the attack, including attempted first-degree murder, first and second-degree assault, first-degree burglary, possession of a weapon with intent to injure, and false imprisonment.

Devaux allegedly became convinced that her boyfriend's son, daughter-in-law, and expected child were interfering with her relationship. Police state that she made an unauthorized copy of the key to her boyfriend's son's home. She then sneaked into his home wearing a surgical cap and gloves, possibly to conceal evidence. When the pregnant wife arrived home unexpectedly, Devaux repeatedly shot her with a taser and beat her in an attack that lasted over half an hour before the homeowner escaped.

According to the victim's statement, she asked Devaux during the attack if she really wanted to kill her and her unborn child. The affidavit for Devaux's arrest states that she replied, "I never wanted it to come to this." When the pregnant woman pleaded with Devaux to let her go, she refused, saying, "You're going to press charges." After the woman's escape, charges were filed, and Devaux will need the assistance of a Montgomery County criminal lawyer to fight those charges.

Because of the sensational aspects of the incident, this case has grabbed media attention. Even the prosecution admits that this is "a very bizarre case." A Montgomery County State's Attorney refused to comment on Devaux's motive, but said, "The facts of the case are highly unusual. A number of matters are continuing to be under investigation." Devaux's Montgomery County criminal attorney will be looking closely at the investigation and the "unusual" facts and mitigating circumstances it may uncover.

Maryland criminal lawyers often see clients charged with crimes ranging from shoplifting to drug possession, conspiracy, attempted murder or murder. Cases involving injuries or deaths to children, whether inflicted by a stranger or another adult who has contact with a child, evoke strong public emotions and can be among the most complex and difficult cases to try. One such case concluded this week in Maryland with the conviction of a man accused in the tragic beating death of three-year-old Charles "Mike Mike" Bradley.

A Maryland criminal attorney negotiated a deal with prosecutors that allowed Andre Clay Russell Jr., 29, to plead guilty to one count of child abuse resulting in death and another count of 1st degree child abuse in exchange for the prosecutors dropping 3 related charges including 1st degree murder. Russell, who was raising the child but was not Bradley's biological father, was charged following the child's death on August 12th of last year. Assistant State's Attorney Kathleen Rogers commented on the case, saying:

"This is the worst case involving physical abuse I have seen in 24 years."

Police first became aware of the abuse allegations on August 7th, when they responded to a 911 call regarding an unconscious child in the basement of a townhouse in Severn. The child, Charles Bradley, was airlifted to Johns Hopkins Medical Center. He was critically injured for five days before he succumbed to his injures. A medical expert in the case said that it appeared that Bradley had been "run over by a car," and that the child suffered "pancreatic and liver damage, multiple rib fractures, and numerous bruises on his chest, buttocks and legs, as well as intracranial bleeding."

An investigation into the boy's death revealed what appeared to be a lengthy history of abuse, with several witnesses reporting having seen Russell beating Bradley, or indicating that the child was spotted with severe injuries consistent with regular physical abuse. Russell had been regularly caring for Bradley, the child of his girlfriend Orielle Baker, while she was hospitalized for an undisclosed illness. Neither Baker nor the several witnesses came forward with the information regarding the alleged abuse until after Bradley's death.

Media reports indicate that Russell has a long rap sheet dating back to 1997, and that he is on the Maryland Sex Offender Registry, listed as a child sex offender. It is unclear whether he violated any probation terms in acting as the child's caregiver in the first place. Russell's Maryland criminal attorney must prepare for sentencing on August 2nd, where the accused faces 55 years in prison. Prosecutors have stated that they will seek the maximum penalty in the case, while Russell's attorney will present an argument for why a more lenient sentence is appropriate.

A Maryland DUI lawyer may encounter a variety of intriguing DUI cases. A recent event involving alleged DUI charges and a moped is an example of one of these interesting cases. A 37-year-old Maryland man was arrested recently on DUI charges after police spotted him allegedly weaving dangerously through traffic on a moped. Jesse W. Duffy, of Earleville, was initially noticed by police when he left the Sea Spot Shopping Center on May 15th at 11:45 pm. Police say Duffy drove over a sidewalk, and at that time, law enforcement officials made their first attempt to stop the suspect from continuing to operate his moped. Officers attempted to stop him, but he turned off the Coastal Highway and headed north on King Charles Avenue toward Rehoboth Beach.

Dewey Beach police Sgt. Clifford Dempsey says that when officers located Duffy again, he was "driving back and forth from the northbound to the southbound shoulders." Police say the suspect nearly collided with a car heading southbound and that they attempted to stop him again.

Police say they continued to pursue until he crashed into a hedgerow at the intersection, falling from the moped. Police at that time attempted to arrest Duffy, who struggled to evade arrest before he was finally apprehended. He was taken to Beebe Medical Center, and is said to have resisted a blood alcohol test. Duffy was charged with Failure to stop at the Command of a Police Officer (a felony), Resisting Arrest (a felony), a third DUI offense, Disorderly Conduct and 6 miscellaneous traffic offenses. He is being held at Sussex County Correctional on $4250 bail.

In the event you are pulled over for a suspected DUI or DWI, it is recommended that you politely but firmly assert your rights under law. Duffy will likely want an experienced Maryland DUI lawyer or Maryland criminal lawyer to help him prepare for the felony and misdemeanor charges he faces.

Police often set up sobriety checkpoints for Memorial Day weekend, just as they do for many other holidays, in an effort to reduce the number of intoxicated drivers. As any Maryland DUI lawyer can tell you, Memorial Day weekend often sees an increase in arrests for driving under the influence. This Memorial Day weekend in Baltimore, a single vehicle crash claimed the life of a 6-year-old passenger and injured seven others. Police investigators have said that speed and "possibly alcohol" were factors in the fatal wreck.

According to Baltimore police, the accident occurred at about 6:00 p.m. Sunday evening, when the SUV involved crossed the median on Perring Parkway and went airborne, flipping several times. Eight occupants of the SUV were thrown from the vehicle. All eight were treated at the scene and hospitalized with varying degrees of fractures, cuts, and bruises; some had life-threatening injuries. A 6-year-old boy died at the hospital.

Police report that most of the SUV's occupants were teenagers, although the youngest passenger appeared to be 4 or 5 years old.

At this time, police have not conclusively found that the driver of the SUV was driving under the influence of alcohol; however, they do suspect that alcohol was a factor in the crash. Under Maryland DUI law, the consequences of a DUI conviction are more severe if the convicted driver was transporting a minor while he or she was driving under the influence. If the driver is arrested and charged with DUI, a Maryland DUI attorney will help him or her understand the penalties associated with a conviction and will help protect the client's rights throughout the legal proceedings.