Posts Tagged ‘Criminal Defense Attorney’

MASSACHUSETTS CRIMINAL DEFENSE ATTORNEYS

Have you been accused of crime in Massachusetts?

Do not wait to get a Massachusetts criminal defense attorneys if you have been charged with a crime in Massachusetts. Contact one of our Massachusetts criminal defense lawyers immediately. We will return your call within 8 hours, Monday through Friday. Our Massachusetts criminal defense attorneys are experienced in MA Criminal Defense.

If you wish to talk with one of our Massachusetts criminal defense attorneys, please call us at 888-437-7747, email us or contact us via our fast on line form.

The following is a list of the types of criminal cases we handle for our clients in Massachusetts:

Massachusetts Sex Crimes
Massachusetts State and Federal White Collar Crimes
Massachusetts Violent Major Crimes
MA Motor Vehicle Cases – DUI/DWI/OUI, Reckless Driving, Suspended License
Massachusetts State and Federal Drug Crimes
Sealing and Expunging records
Massachusetts Theft and Shoplifting Crimes
Massachusetts Assault and Battery
Massachusetts Domestic Violence

BOSTON, MASSACHUSETTS OFFICE:
101 Federal Street, Suite 1900
Boston, Massachusetts 02110
Phone: 888-437-7747

To obtain a general overview of criminal defense, please click here.

To learn more about the laws pertaining to criminal defense in Virginia or Maryland, please click on the state.

FELONIES IN THE STATE OF MASSACHUSETTS

• Felonies and misdemeanors
• Commission of a felony for hire; additional punishment
• Aiders; accessories before fact; punishment
• Counseling or procuring felony; prosecution as accessory before fact or principal; punishment; venue
• Accessories after fact; punishment; relationship as defense; cross-examination; impeachment
• Felon’s conviction or amenability to justice; venue
• Attempts to commit crimes; punishment
• Conspiracy; penalties

FAQ’s FOR MASSACHUSETTS CRIMINAL MATTERS

• I’ve been arrested – What happens next?
• Can Force Be Used To Arrest Me?
• What is a Search Warrant?
• What is Probable Cause?
• What If I Agree To The Search?
• What Is The “Plain View” Doctrine?
• Can The Officer Search Me After I’m Arrested?
• What Is Bail?
• What Happens At A Bail Hearing?
• What Are My Rights At An Arraignment? What Can I Expect?
• What Will Happen At A Preliminary Hearing?

If you wish to learn more about the Massachusetts Criminal Process, please proceed here…

M.G.L.A. 274 § 1- Felonies and misdemeanors (top)

A crime punishable by death or imprisonment in the state prison is a felony. All other crimes are misdemeanors.

M.G.L.A. 265 § 13G- Commission of a felony for hire; additional punishment (top)

Whoever, for the payment of consideration or for the promise of the payment of such consideration, commits a felony, shall be punished by imprisonment in the state prison for not more than five years. The punishment imposed by this section shall be in addition to the punishment provided by law for the commission of a felony so committed.

M.G.L.A. 274 § 2- Aiders; accessories before fact; punishment (top)

Whoever aids in the commission of a felony, or is accessory thereto before the fact by counseling, hiring or otherwise procuring such felony to be committed, shall be punished in the manner provided for the punishment of the principal felon.

M.G.L.A. 274 § 3- Counseling or procuring felony; prosecution as accessory before fact or principal; punishment; venue (top)

Whoever counsels, hires or otherwise procures a felony to be committed may be indicted and convicted as an accessory before the fact, either with the principal felon or after his conviction; or may be indicted and convicted of the substantive felony, whether the principal felon has or has not been convicted, or is or is not amenable to justice; and in the last mentioned case may be punished in the same manner as if convicted of being an accessory before the fact. An accessory to a felony before the fact may be indicted, tried and punished in the same county where the principal felon might be indicted and tried, although the counseling, hiring or procuring the commission of such felony was committed within or without the commonwealth or on the high seas.

M.G.L.A. 274 § 4- Accessories after fact; punishment; relationship as defense; cross-examination; impeachment (top)

Whoever, after the commission of a felony, harbors, conceals, maintains or assists the principal felon or accessory before the fact, or gives such offender any other aid, knowing that he has committed a felony or has been accessory thereto before the fact, with intent that he shall avoid or escape detention, arrest, trial or punishment, shall be an accessory after the fact, and, except as otherwise provided, be punished by imprisonment in the state prison for not more than seven years or in jail for not more than two and one half years or by a fine of not more than one thousand dollars. The fact that the defendant is the husband or wife, or by consanguinity, affinity or adoption, the parent or grandparent, child or grandchild, brother or sister of the offender, shall be a defense to a prosecution under this section. If such a defendant testifies solely as to the existence of such relationship, he shall not be subject to cross examination on any other subject matter, nor shall his criminal record, if any, except for perjury or subornation of perjury, be admissible to impeach his credibility.

M.G.L.A. 274 § 5- Felon’s conviction or amenability to justice; venue (top)

An accessory to a felony after the fact may be indicted, convicted and punished, whether the principal felon has or has not been previously convicted, or is or is not amenable to justice, either in the county where he became an accessory or in the county where the principal felony was committed.

M.G.L.A. 274 § 6- Attempts to commit crimes; punishment (top)

Whoever attempts to commit a crime by doing any act toward its commission, but fails in its perpetration, or is intercepted or prevented in its perpetration, shall, except as otherwise provided, be punished as follows:
First, by imprisonment in the state prison for not more than ten years, if he attempts to commit a crime punishable with death.
Second, by imprisonment in the state prison for not more than five years or in a jail or house of correction for not more than two and one half years, if he attempts to commit a crime, except any larceny under section thirty of chapter two hundred and sixty-six, punishable by imprisonment in the state prison for life or for five years or more.
Third, by imprisonment in a jail or house of correction for not more than one year or by a fine of not more than three hundred dollars, if he attempts to commit a crime, except any larceny under said section thirty, punishable by imprisonment in the state prison for less than five years or by imprisonment in a jail or house of correction or by a fine.
Fourth, by imprisonment in a jail or house of correction for not more than two and one half years or by a fine, or by both such fine and imprisonment, if he attempts to commit any larceny punishable under said section thirty.

M.G.L.A. 274 § 7- Conspiracy; penalties (top)

Any person who commits the crime of conspiracy shall be punished as follows:
First, if the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by death or imprisonment for life, by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than twenty years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Second, if clause first does not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by imprisonment in the state prison for a maximum period exceeding ten years, by a fine of not more than ten thousand dollars or by imprisonment in the state prison for not more than ten years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Third, if clauses first and second do not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a felony punishable by imprisonment in the state prison for not more than ten years, by a fine of not more than five thousand dollars or by imprisonment in the state prison for not more than five years or in jail for not more than two and one half years, or by both such fine and imprisonment.
Fourth, if clauses first through third do not apply and the purpose of the conspiracy or any of the means for achieving the purpose of the conspiracy is a crime, by a fine of not more than two thousand dollars or by imprisonment in jail for not more than two and one half years, or both.
If a person is convicted of a crime of conspiracy for which crime the penalty is expressly set forth in any other section of the General Laws, the provisions of this section shall not apply to said crime and the penalty therefor shall be imposed pursuant to the provisions of such other section.

Massachusetts Criminal Justice – Know Your Rights!

Being Arrested in Massachusetts – A Guide Through The Massachusetts Criminal Justice System (top)

In Massachusetts, you can be arrested for breaking a criminal (non-civil case) law. If arrested, your case is taken before a magistrate or judge, who may issue a warrant if necessary (court order for arrest or search and seizure if you are not present) and set bond for appearance in court.

If you – known as the defendant – cannot post the stated bond, you may be incarcerated (put in jail or detention) pending your first scheduled appearance (arraignment) in court. If bond is posted, you’ll remain free until your appearance at the arraignment.

An arraignment in Massachusetts usually occurs within 24 to 48 hours of the arrest. If you’re arrested on a weekend or holiday – you’ll be arraigned the first date available. The arraignment is held before a judge of the courts.

During the arraignment, you (as defendant) are formally told what offense you’re being charged with, informed of your constitutional rights, and of the possible penalties involved with your particular criminal offense. At this time you will not be required to enter a plea of guilty or not guilty, your bond may be reviewed, and a date for the next hearing will be scheduled.

A Question Often Coming Up Is About The Use Of Force During A Criminal Arrest. In Massachusetts, How Much Force Is Considered Reasonable? (top)

The Massachusetts legal standard is that a police officer may use as much force as is necessary to arrest you. However, unreasonable force is considered assault. After arrest, a police officer may handcuff you if you attempt to escape, or the officer considers it necessary to prevent you from doing so.

If you claim that unreasonable or unjustified force was used to arrest you, a judge will decide whether or not the actions taken by the police during the course of the criminal arrest were reasonable under the circumstances. But you should be aware, in practice the courts almost always err on the side of the arresting officer.

Search Warrants and Probable Cause In Massachusetts (top)

A search warrant is an order issued by a judge or a magistrate authorizing police officers to conduct a search of a specific location, looking for specific evidence. Before a search warrant may be issued, there must be a showing of probable cause, along with an oath or affirmation that the search is necessary.

This is one of the basic legal guarantees enumerated the United States Constitution – Amendment IV in the Bill of Rights.

What Constitutes Probable Cause In Massachusetts? (top)

There’s no hard and fast rule precisely establishing what is and what isn’t probable cause. However, in Massachusetts a finding of probable cause requires objective facts indicating a likelihood of criminal activity. A police officer’s mere hunch, with nothing more to substantiate it, will not satisfy the requirements.
Example: Officer Brown observes Sally and Dick walking down the street. Officer Brown has a hunch that Sally and Dick are up to no good. Armed with nothing more than that vague suspicion, Officer Brown goes to the local judge and attempts to get a warrant to search Sally’s and Dick’s homes. Should the warrant be granted?

No. A police officers hunch, with nothing to back it up, doesn’t satisfy the probable cause requirement. However, if Officer Brown observed Sally and Dick conducting a drug deal, then probable cause would likely exist to issue a warrant to search their homes.

There’s A Knock At The Door. It’s The Police. They Ask To Search Your Home Or Premises. Must You Comply In Massachusetts? (top)

No! Unless the officer has a valid search warrant, you are under no legal obligation to let the officer search your residence or premises under your control. In fact, it is always advisable that you politely but clearly inform the officer that without a valid search warrant, you do not agree to any search of the premises. This will help protect your rights if the search was improperly conducted – or if the Officer decides to conduct a search even without a warrant. (It happens!)

I Have “Nothing To Hide” – Why Shouldn’t I Allow The Search In Massachusetts? (top)

If you voluntarily consent to a search of your home, automobile, or person, the officer can then conduct a full search without a warrant. Anything the officer finds can later be used against you in court.

The important term to understand here is “anything.” You may not be aware that an item or object under Massachusetts criminal law is illegal. However, ignorance is no defense. With the sheer amount of laws on the books, the average person has little clue as to what may or may not be prohibited.

This is why – lacking a warrant – it is always advisable to withhold permission.

What Is The “Plain View” Doctrine In Massachusetts? (top)

If the Police Officer is in a place that he or she has a right to be, they do not need a warrant to seize contraband (illegal items) that are in plain view.

EXAMPLE: Officer Brown is standing in your doorway talking to you about the weather. While talking, Officer Brown notices a bag of cocaine and a sawed-off shotgun on your couch. Officer Brown can legally seize these items even without a search warrant because they are in plain view.

This is an area where “legal fuzziness” enters the picture. Let us suppose that instead of cocaine or a sawed off shotgun, you had some plastic baggies sitting on your table filled with oregano you’ve grown and dried yourself. Totally legal – except that for all intents and purposes it looks like dime bags of home grown marijuana. Is there then “plain view” probable cause for a search? Given the current climate of drug war hysteria, you may well be left holding the losing end of a legal argument.

Searches After An Arrest Is Made Are Basically Legal In Massachusetts (top)

Police officers do not need a warrant to conduct a search after making an arrest. After making a criminal arrest, the officer can legally search the person being arrested, as well as the area in the person’s immediate control. This includes the room or rooms you may have occupied at the time of your arrest, as well as any vehicle (your car or the owner’s car) you may be in at the time of the criminal arrest.

Getting Out On Bail In Massachusetts (top)

Bail is money or other property deposited with the court to make certain the person accused (the defendant) will return to court when he or she is required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not appear in court when required, or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned. It doesn’t matter if someone else posted your bail, such as a friend or family member. If you skip the court date, the state keeps the money or property.

What Happens At A Bail Hearing In Massachusetts? (top)

In most states, including Massachusetts, when a person is arrested for a violation of a criminal law, the accused is brought before a magistrate or judge. The magistrate or judge will conduct a pre-trial bail hearing. (This is separate from the official criminal arraignment, which will be held later on in the process.)

In Massachusetts, four possible results can happen at a bail hearing. Here are those results:

• Recognizance – This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit or security by property or professional bondsman is required. Basically you are freed on your own good word.
• Unsecured Bond – This release pending court appearance is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if he or she does not appear on the date set.
• Secured Bond – This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may rule any type of security forfeited in the event the defendant does not appear in court when required.
• Ineligible for Bail – The defendant is denied a release pending court appearance. This is usually for very serious criminal offenses, or if the court believes there is a real and significant risk of flight by the defendant.

The bail decision may be appealed to a judge who will re-examine the evidence. A violation of any agreement of release pending your court appearance could result in the issuance of an Order to Show Cause why the release should not be revoked. A show cause hearing may also be issued by a judge for not appearing in court as agreed.

What Are My Rights At An Arraignment In Massachusetts? What Can I Expect In Massachusetts? (top)

You have the right to be arraigned without unnecessary delay after your arrest – usually within two court days.

In Massachusetts, at your first arraignment you’ll appear before a judge who will officially inform you of the criminal charges against you. At this arraignment, an attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on personal recognizance (being released without bail), even if bail was previously set.

If you are charged with a criminal misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you will not contest the charges. You technically do not plead guilty, but can be found so by the court.

Before pleading guilty to some first time criminal offenses in Massachusetts, such as drug possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling, which can result in dismissal of the charges once the course is completed.

In Massachusetts, if misdemeanor charges are not dropped, a trial will be held later on in a Massachusetts General District Court of law. If you are charged with a felony, and the charges are not dismissed, the next step is a preliminary hearing.

The Preliminary Hearing In Massachusetts (top)

Every person in Massachusetts charged by a criminal warrant is entitled to a preliminary hearing. This is an examination of the criminal charge or charges against the accused. The prosecutor must present evidence and witnesses that prove that it appears a criminal offense has been committed and that there is probable cause to believe the person accused committed it. The accused or their attorney may cross-examine witnesses and may present evidence they wish.

If the judge in Massachusetts makes a finding of probable cause after hearing the evidence, the criminal charge is sent to the grand jury. If the judge finds that a criminal offense apparently had not been committed, or that the defendant was not the likely person involved in the offense, the accused is released and the charge dismissed.

However, if the accused is released and the criminal charges dismissed after the preliminary hearing, the prosecutor in Massachusetts may still present evidence to a grand jury to see if they will find sufficient probable cause.

In lieu of the vast leeway and powers given a public prosecutor, it is all to easy to be indicted by a grand jury, even if the preponderance of evidence seems to be lacking.

As was once (in)famously quoted by a former New York judge: “A grand jury would indict a ham sandwich.”

That’s why competent, experienced legal counsel is an absolute must in any criminal proceeding. You only have a small window of opportunity to protect and enforce your rights. Once waived or lost, it’s a long uphill battle to regain them

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MARYLAND ASSAULT & BATTERY DEFENSE ATTORNEYS

DEFENDING CLIENTS CHARGED WITH ASSAULT & BATTERY & DOMESTIC VIOLENCE CHARGES IN MARYLAND

To obtain a general overview of assault and battery and domestic violence, please click here

To learn more about the laws pertaining to assault & battery or domestic violence in Virginia or Massachusetts, please click on the state.

The following are some of the different types of assault and battery charges one could face in the State of Maryland.

Click on any of the types of the Maryland assault and battery charges to learn more about them:

• Assault in the first degree
• Assault in the second degree
• Action for assault or defamation
• Child abuse

Maryland Assault and Battery

MD Code § 3-202. Assault in the first degree (top)

Prohibited

(a)(1) A person may not intentionally cause or attempt to cause serious physical injury to another.
(2) A person may not commit an assault with a firearm, including:
(i) a handgun, antique firearm, rifle, shotgun, short-barreled shotgun, or short-barreled rifle, as those terms are defined in § 4-201 of this article;
(ii) an assault pistol, as defined in § 4-301 of this article;
(iii) a machine gun, as defined in § 4-401 of this article; and
(iv) a regulated firearm, as defined in § 5-101 of the Public Safety Article.

Penalty

(b) A person who violates this section is guilty of the felony of assault in the first degree and on conviction is subject to imprisonment not exceeding 25 years.

MD Code § 3-203. Assault in the second degree (top)

A person may not commit an assault.

(b) Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.
(c)(1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.
(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is a law enforcement officer engaged in the performance of the officer’s official duties.
(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

MD Code § 5-105. Action for assault or defamation (top)

An action for assault, libel, or slander shall be filed within one year from the date it accrues.

MD Code§ 3-601. Child abuse (top)

Definitions

(a)(1) In this section the following words have the meanings indicated.
(2) “Abuse” means physical injury sustained by a minor as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the minor’s health or welfare is harmed or threatened by the treatment or act.
(3) “Family member” means a relative of a minor by blood, adoption, or marriage.
(4) “Household member” means a person who lives with or is a regular presence in a home of a minor at the time of the alleged abuse.
(5) “Severe physical injury” means:
(i) brain injury or bleeding within the skull;
(ii) starvation; or
(iii) physical injury that:
1. creates a substantial risk of death; or
2. causes permanent or protracted serious:
A. disfigurement;
B. loss of the function of any bodily member or organ; or
C. impairment of the function of any bodily member or organ.

Child abuse in the first degree (top)

(b)(1) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor that:
(i) results in the death of the minor; or
(ii) causes severe physical injury to the minor.
(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the first degree and on conviction is subject to:
(i) imprisonment not exceeding 25 years; or
(ii) if the violation results in the death of the victim, imprisonment not exceeding 30 years.

Repeat offenders

(c) A person who violates this section after being convicted of a previous violation of this section is guilty of a felony and on conviction is subject to:
(1) imprisonment not exceeding 25 years; or
(2) if the violation results in the death of the victim, imprisonment not exceeding 30 years.

Child abuse in the second degree (top)

(d)(1)(i) A parent or other person who has permanent or temporary care or custody or responsibility for the supervision of a minor may not cause abuse to the minor.
(ii) A household member or family member may not cause abuse to a minor.
(2) Except as provided in subsection (c) of this section, a person who violates paragraph (1) of this subsection is guilty of the felony of child abuse in the second degree and on conviction is subject to imprisonment not exceeding 15 years.

Sentencing

(e) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

For more information or to make an appointment with Maryland assault & battery attorney of SRIS, P.C., please call, send an e-mail or complete the on-line form

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MARYLAND CRIMINAL TRESPASS DEFENSE ATTORNEYS

DEFENDING CLIENTS CHARGED WITH TRESPASSING IN MARYLAND

Entering the property of another in Maryland after having been forbidden to do so can result in being charged with trespass. The Maryland law offices of SRIS, P.C. have a number of excellent Maryland trespass defense lawyers in its offices in Rockville and Annapolis. For more information or to make an appointment with a SRIS, P.C. lawyer, please call, send an e-mail or complete the on-line form.

To obtain a general overview of trespassing defense, please click here.

To learn more about the laws pertaining to trespassing defense in Virginia or Massachusetts, please click on the state.

The following are some of the different types of trespass charges one could face in the State of Maryland. Click on any of the following issues to learn more about them.

• Trespass on posted property
• Wanton trespass on private property
• Use of a vehicle on private property
• Wanton entry on cultivated land
• Trespass in stable area of racetrack
• Entry on property for purpose of invading privacy of occupants
• Refusal or failure to leave public building or grounds
• Wanton trespass on property of Government House
• Trespassing prohibited
• Removing human remains without authority

MARYLAND TRESPASS LAWS

MD Code § 6-402. Trespass on posted property (top)

Prohibited

(a) A person may not enter or trespass on property that is posted conspicuously against trespass by:
(1) signs placed where they reasonably may be seen; or
(2) paint marks that:
(i) conform with regulations that the Department of Natural Resources adopts under § 5-209 of the Natural Resources Article; and
(ii) are made on trees or posts that are located:
1. at each road entrance to the property; and
2. adjacent to public roadways, public waterways, and other land adjoining the property.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

MD Code § 6-403. Wanton trespass on private property (top)

Prohibited–Entering and crossing property

(a) A person may not enter or cross over private property or board the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so, unless entering or crossing under a good faith claim of right or ownership.

Prohibited–Remaining on property

(b) A person may not remain on private property including the boat or other marine vessel of another, after having been notified by the owner or the owner’s agent not to do so.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

MD Code § 6-404. Use of a vehicle on private property (top)

(a) This section does not apply to:
(1) a vessel;
(2) a military, fire, or law enforcement vehicle;
(3) a farm-type tractor, other agricultural equipment used for agricultural purposes, or construction equipment used for agricultural purposes or earth moving;
(4) earth-moving or construction equipment used for those purposes; or
(5) a lawn mower, snowblower, garden or lawn tractor, or golf cart while being used for its designed purpose.

Prohibited

(b) Except when traveling on a clearly designated private driveway, a person may not use a vehicle or off-road vehicle on private property unless the person has in the person’s possession the written permission of the owner or tenant of the private property.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

MD Code § 6-406. Wanton entry on cultivated land (top)

(a) “Cultivated land” means land that has been cleared of its natural vegetation and is currently planted with a crop or orchard.
(b) Unless a person has permission from the owner of cultivated land or an agent of the owner, a person may not enter on the cultivated land of another.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

MD Code § 6-407. Trespass in stable area of racetrack (top)

Prohibited

(a) A person may not enter or remain in the stable area of a racetrack after being notified by a racetrack official, security guard, or law enforcement officer that the person is not allowed in the stable area.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

MD Code § 6-408. Entry on property for purpose of invading privacy of occupants (top)

Prohibited

(a) A person may not enter on the property of another for the purpose of invading the privacy of an occupant of a building or enclosure located on the property by looking into a window, door, or other opening.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.

MD Code § 6-409. Refusal or failure to leave public building or grounds (top)

Prohibited–During regularly closed hours

(a) A person may not refuse or fail to leave a public building or grounds, or a specific part of a public building or grounds, during the time when the public building or grounds, or specific part of the public building or grounds, is regularly closed to the public if:
(1) the surrounding circumstances would indicate to a reasonable person that the person who refuses or fails to leave has no apparent lawful business to pursue at the public building or grounds; and
(2) a regularly employed guard, watchman, or other authorized employee of the government unit that owns, operates, or maintains the public building or grounds asks the person to leave.

Prohibited–During regular business hours

(b) A person may not refuse or fail to leave a public building or grounds, or a specific part of a public building or grounds, during regular business hours if:
(1) the surrounding circumstances would indicate to a reasonable person that the person who refuses or fails to leave:
(i) has no apparent lawful business to pursue at the public building or grounds; or
(ii) is acting in a manner disruptive of and disturbing to the conduct of normal business by the government unit that owns, operates, or maintains the public building or grounds; and
(2) an authorized employee of the government unit asks the person to leave.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

MD Code § 6-410. Wanton trespass on property of Government House (top)

Prohibited

(a) A person may not commit wanton trespass on the property of Government House.

Posting not necessary

(b) Notwithstanding any other provision of law, the property of Government House need not be posted against trespass.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

MD Code, Education,§ 26-102. Trespassing prohibited (top)

(a) In this section, “school resource officer” means a law enforcement officer as defined under § 3-101(e) of the Public Safety Article who has been assigned to a school in accordance with a memorandum of understanding between the chief of a law enforcement agency as defined under § 3-101(b) of the Public Safety Article and the local education agency.
(b) The governing board, president, superintendent, principal, or school resource officer of any public institution of elementary, secondary, or higher education, or a person designated in writing by the board or any of these persons, may deny access to the buildings or grounds of the institution to any other person who:
(1) Is not a bona fide, currently registered student, or staff or faculty member at the institution, and who does not have lawful business to pursue at the institution;
(2) Is a bona fide, currently registered student at the institution and has been suspended or expelled from the institution, for the duration of the suspension or expulsion; or
(3) Acts in a manner that disrupts or disturbs the normal educational functions of the institution.
(c) Administrative personnel, authorized employees of any public institution of elementary, secondary, or higher education, and persons designated in subsection (b) of this section may demand identification and evidence of qualification from any person who desires to use or enter the premises of the institution.
(d) The governing board of any public institution of elementary, secondary, or higher education may enter into an agreement with appropriate law enforcement agencies to carry out the responsibilities of this section when:
(1) The institution is closed; or
(2) None of the persons designated in subsection (b) of this section are present in the buildings or on the grounds of the institution.
(e) A person is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000, imprisonment not exceeding 6 months, or both if he:
(1) Trespasses on the grounds of any public institution of elementary, secondary, or higher education;
(2) Fails or refuses to leave the grounds of any of these institutions after being requested to do so by a person designated in subsection (b) of this section as being authorized to deny access to the buildings or grounds of the institution; or
(3) Willfully damages or defaces any building, furnishing, statue, monument, memorial, tree, shrub, grass, or flower on the grounds of any of these institutions.

MD Code, Criminal Law, § 10-402. Removing human remains without authority (top)

Prohibited

(a) Except as provided in subsection (b) of this section, a person may not remove or attempt to remove human remains from a burial site.

Exception

(b) Subject to subsection (c) of this section, the State’s Attorney for a county may authorize in writing the removal of human remains from a burial site in the State’s Attorney’s jurisdiction:
(1) to ascertain the cause of death of the person whose remains are to be removed;
(2) to determine whether the human remains were interred erroneously;
(3) for the purpose of reburial; or
(4) for medical or scientific examination or study allowed by law.

Exception–Notice

(c)(1) Except as provided in paragraph (4) of this subsection, the State’s Attorney for a county shall require a person who requests authorization to relocate permanently human remains from a burial site to publish a notice of the proposed relocation in a newspaper of general circulation in the county where the burial site is located.
(2) The notice shall be published in the newspaper one time.
(3) The notice shall contain:
(i) a statement that authorization from the State’s Attorney is being requested to remove human remains from a burial site;
(ii) the purpose for which the authorization is being requested;
(iii) the location of the burial site, including the tax map and parcel number or liber and folio number; and
(iv) all known pertinent information concerning the burial site, including the names of the persons whose human remains are interred in the burial site, if known.
(4)(i) The State’s Attorney may authorize the temporary relocation of human remains from a burial site for good cause, notwithstanding the notice requirements of this subsection.
(ii) If the person requesting the authorization subsequently intends to relocate the remains permanently, the person promptly shall publish notice as required under this subsection.
(5) The person requesting the authorization from the State’s Attorney shall pay the cost of publishing the notice.
(6) The State’s Attorney may authorize the removal of the human remains from the burial site after:
(i) receiving proof of the publication required under paragraph (1) of this subsection; and
(ii) 15 days after the date of publication.
(7) This subsection may not be construed to delay, prohibit, or otherwise limit the State’s Attorney’s authorization for the removal of human remains from a burial site.
(8) For a known, but not necessarily documented, unmarked burial site, the person requesting authorization for the removal of human remains from the burial site has the burden of proving by archaeological excavation or another acceptable method the precise location and boundaries of the burial site.

Exception–Reinterment

(d)(1) Any human remains that are removed from a burial site under this section shall be reinterred in:
(i)1. a permanent cemetery that provides perpetual care; or
2. a place other than a permanent cemetery with the agreement of a person in interest as defined under § 14-121(a)(4) of the Real Property Article; and
(ii) in the presence of:
1. a mortician, professional cemeterian, or other individual qualified in the interment of human remains;
2. a minister, priest, or other religious leader; or
3. a trained anthropologist or archaeologist.
(2) The location of the final disposition and treatment of human remains that are removed from a burial site under this section shall be entered into the local burial sites inventory or, if no local burial sites inventory exists, into a record or inventory deemed appropriate by the State’s Attorney or the Maryland Historical Trust.

Construction of section

(e) This section may not be construed to:
(1) preempt the need for a permit required by the Department of Health and Mental Hygiene under § 4-215 of the Health–General Article to remove human remains from a burial site; or
(2) interfere with the normal operation and maintenance of a cemetery, as long as the operation and maintenance of the cemetery are performed in accordance with State law.

Penalty

(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

Statute of limitations and in banc review

(g) A person who violates this section is subject to § 5-106(b) of the Courts Article
The Maryland trespass attorneys and Law Offices of SRIS, P.C., are located in Rockville and Baltimore.

Our Maryland trespass attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form

We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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MARYLAND GANG DEFENSE ATTORNEYS

DEFENDING GANG CHARGES IN MARYLAND

In Maryland , it is illegal for any person to be part of any “criminal street gang”. The Maryland law offices of SRIS, P.C. have a number of excellent Maryland gang defense lawyers in its offices in Rockville & Baltimore. For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

To obtain a general overview of criminal gang defense, please click here.

To learn more about the laws pertaining to criminal gang defense in Virginia or Massachusetts, please click on the state.

The following are some of the different types of gang related charges one could face in the State of Maryland:

• What is meant by “Coerce?”
• Threats to coerce, induce or solicit criminal gang – Generally
• Threats to coerce, induce or solicit criminal gang – Schools

MD Code, Criminal Law, § 9-801 (top)

(b) “Coerce” means to compel or attempt to compel another by threat of harm or other adverse consequences.
(c) “Criminal gang” means a group or any association of three or more persons:
(1) that forms to engage in criminal activity, including acts by juveniles that would be crimes if committed by adults, for the purposes of pecuniary gain or to create an atmosphere of fear and intimidation either collectively or with knowledge of the acts of the members of the group; and
(2) whose members have a common identifying sign, symbol, or name.
(d) “Solicit” has the meaning stated in § 11-301 of this article.
11-301 (f) “Solicit” means urging, advising, inducing, encouraging, requesting, or commanding another.

MD CODE § 9-802. Threats to coerce, induce or solicit criminal gang–Generally (top)

Prohibited

(a) A person may not threaten an individual, or a friend or family member of an individual, with physical violence with the intent to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang.

Penalty

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.

MD CODE § 9-803. Threats to coerce, induce or solicit criminal gang–Schools (top)

Prohibited

(a) A person may not threaten an individual, or a friend or family member of an individual, with or use physical violence to coerce, induce, or solicit the individual to participate in or prevent the individual from leaving a criminal gang:
(1) in a school vehicle, as defined under § 11-154 of the Transportation Article; or
(2) in, on, or within 1,000 feet of real property owned by or leased to an elementary school, secondary school, or county board of education and used for elementary or secondary education.

Application of subsection

(b) Subsection (a) of this section applies whether or not:
(1) school was in session at the time of the crime; or
(2) the real property was being used for purposes other than school purposes at the time of the crime.

Penalty

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 4 years or a fine not exceeding $4,000 or both.

Merger

(d) Notwithstanding any other law, a conviction under this section may not merge with a conviction under § 9-802 of this subtitle.

Our Maryland criminal defense attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.

For more information or to make an appointment with SRIS, P.C., please call, send an e-mail or complete the on-line form.

We Are a Designated Debt Relief Agency under Federal Law. We Provide Legal Assistance to Consumers Seeking Relief Under the Bankruptcy Code.

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MILITARY LAWYERS SERVING MILITARY CLIENTS THROUGHOUT THE WORLD FROM OFFICES IN VIRGINIA, MARYLAND, NORTH CAROLINA, NEW YORK, MASSACHUSETTS & CALIFORNIA.

Don’t take a chance with your military career.  If you need help with a military case, turn to the SRIS Law Group for help.

The backbone of the military legal system is the Uniform Code of Military Justice (UCMJ), which applies to all branches. Most of the issues covered in this document include the bringing of cases to military courts, the different types of court martial, treatment and apprehension of prisoners, and the trial process.

In addition, rules govern military jurisdiction, legal investigations, discharges, the release and revision of military records, post-trial review procedures, and appeals.

The UCMJ applies to all active-duty, reserves, and Guard service personnel, along with retired military veterans. Violation of any of the articles of the UCMJ can bring punishments ranging from lossed privileges to confinement and discharge.

If you need skilled representation, then call or email one of our military lawyers at SRIS Law Group, P.C. Free initial consultation with no obligation.

Military Lawyers Practice Areas

The firm aggressively defends clients worldwide facing misdemeanor, felony, and other military offenses. With extensive military and criminal law experience, the military lawyers of SRIS Law Group, P.C. are able to effectively advocate for clients in cases involving the following:

• Administrative Seperation Boards
• Boards of Inquiry
• Court Martial Fraud & Larceny
• Court Martial Military Offenses
• Court Martial Other Offenses
• Court Martial Sex Offense
• Delay & Exemption Cases
• Physical Evaluation Boards

When your rights, well-being, and military career are at stake, you need a seasoned military lawyer to give you the best expert advice possible along with legal representation with complete confidence and skill—in both the military and federal courts.

The SRIS Law Group Military Lawyers have offices in Virginia, New York, North Carolina, California, Maryland & Massachusetts.

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DON’T TAKE A CHANCE WITH YOUR CRIMINAL RECORD

DEFEND YOURSELF AGAINST A MISDEMEANOR CRIMINAL CHARGE

Many people think of criminal offenses defined as misdemeanors in Virginia, Maryland or Massachusetts as something with minor ramifications. They are gravely mistaken. Although misdemeanors will usually result in lesser penalties than a felony, misdemeanors are criminal offenses in Virginia, Maryland & Massachusetts. Thus if you are convicted of a misdemeanor in Virginia, Maryland or Massachusetts, you will have a criminal record. You may also be jailed for up to one year, face the potential of losing your job, losing your driver’s license among other penalties. A lot of people in the United States don’t realize that certain misdemeanors may be treated as an aggravated felony by the Bureau of Citizenship & Immigration Services (formerly known as the INS). Thus a conviction for a misdemeanor in Virginia, Maryland or Massachusetts may also result in deportation proceedings.

Don’t take a chance with your criminal record. Do your best to keep it clean. If you have been charged with a crime that is a misdemeanor in Virginia, misdemeanor in Maryland or misdemeanor in Massachusetts and you don’t want to take the chance of going to jail or possibly losing your job, hire a SRIS, P.C. Massachusetts, Maryland or Virginia criminal defense attorney. We can help. We will meet with you and discuss your options honestly. We will tell you if we think you really need to hire an attorney or not.

We have offices in Virginia, Maryland & Massachusetts.

You can make an appointment to talk with a Virginia misdemeanor defense lawyer, Maryland misdemeanor defense lawyer or Massachusetts misdemeanor defense lawyer by calling us at 888-437-7747 or contact us on our fast on line form.

Some of the different types of misdemeanor crimes are simple assault, prostitution, trespass, first offense DUI, shoplifting or minor larceny, simple possession of marijuana, telephone threats, etc.

Our misdemeanor defense attorneys and staff who defend misdemeanors in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Our misdemeanor defense attorneys are licensed to handle misdemeanor cases in Virginia, Maryland, D.C. & Massachusetts, however we handle misdemeanor matters only in Virginia, Maryland & Massachusetts.

Please click on attorneys to learn more about the criminal defense lawyers who assist clients with misdemeanor criminal defense in Virginia, Maryland or Massachusetts.

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ATTORNEYS DEFENDING MURDER & MANSLAUGHTER

Licensed in Virginia, Maryland, D.C. & Massachusetts

Most states define first degree murder as a willful and premeditated act of killing. First degree murder is murder that is committed not in the heat of the moment, but one that is planned out in advance of the killing.

The majority of the states in the US have classified second degree murder as a killing that although intentional is not premeditated or planned out, but neither is it a heat of the moment act; or it is a killing that is a result of a dangerous act and the accused clear lack of care for human life.

There are two type of manslaughter: voluntary & involuntary.

Voluntary manslaughter is an intentional killing that occurs in the heat of the moment. The person accused of the crime had no prior intent to kill. To be charged with voluntary manslaughter, the person accused of this crime would have to had something occur that would have caused to become emotionally or mental disturbed to the point that would have caused them to act spontaneously.

Involuntary manslaughter is an unintentional killing that is caused by reckless behavior or criminal negligence. The killing has to be truly unintentional. The person accused of involuntary manslaughter must never have intended the victim’s death.

If you wish to talk with a criminal defense attorney attorney, please call us at 888-437-7747, email us or contact us via our fast on line form.

The Law Offices of SRIS, P.C. have offices in Virginia, Maryland & Massachusetts.

• Our offices in Virginia are located in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
• Our offices in Maryland are located in Rockville & Annapolis.
• Our office in Massachusetts is located in Boston.

If you wish to view some of the laws that pertain to being accused of committing a murder or manslaughter in Virginia, Maryland and Massachusetts, please click on the following links:

• Virginia Murder & Manslaughter Defense
• Maryland Murder & Manslaughter Defense
• Massachusetts Murder & Manslaughter Defense

If you wish to talk with a criminal defense attorney attorney, please call us at 888-437-7747, email us or contact us via our fast on line form.

Our attorneys who provide criminal defense and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Arabic, Hindi, Tamil, Telugu, Cantonese, Mandarin & Malaysian.

Our attorneys are licensed to handle murder, manslaughter & homicide cases in Virginia, Maryland, & Massachusetts, however we defend murder/manslaughter/homicide defense only in Virginia, Maryland & Massachusetts.

Please click on attorneys to learn more about the criminal defense lawyers who assist clients with murder, manslaughter and homicide defense in Virginia, Maryland or Massachusetts.

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Prostitution & Solicitation Defense Attorneys

Licensed in Virginia, Maryland, D.C., Pennsylvania & Massachusetts

Prostitution is illegal in Virginia, Maryland & Massachusetts. If a person, offers to, agrees to or engages in a sexual act for compensation in Virginia, Maryland or Massachusetts, then the person has broken the law. The magic words necessary for the police to charge you with prostitution in Virginia, Maryland & Massachusetts is “SEX & MONEY”. In Virginia, Maryland & Massachusetts, the following people can be charged with the crime of prostitution: The person who provides the service of prostitution known commonly as the prostitute, the person who pays for the services of the prostitute, commonly referred to as the “john” and any middleman, commonly referred to as the “pimp”. The alleged prostitute is charged with prostitution. The “john” will be charged with solicitation of prostitution. The “pimp” will be charged with pandering. Depending on the state, certain acts of facilitating prostitution can even be charged as felony.

If you wish to speak with a Maryland, Massachusetts or Virginia criminal defense attorney who defends clients charged with prostitution, solicitation of prostitution or pandering, please call us at 888-437-7747 or contact us via our fast on line form.

The Law Offices of SRIS, P.C. have offices in Virginia, Maryland & Massachusetts.

Our attorneys are licensed to defend prostitution/solicitation/pandering cases in Virginia, Maryland, DC & Massachusetts, however we handle these types of cases only in Virginia, Maryland & Massachusetts at the present time.

Please click on attorneys to learn more about the criminal defense lawyers who assist clients charged with prostitution/solicitation/pandering in Virginia, Maryland or Massachusetts.

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Attorneys Defending Clients Charged With Robbery/Carjacking

Defending Robbery/Carjacking Cases in State & Federal Courts

Licensed in Virginia, Maryland, D.c., Pennsylvania & Massachusetts

The law deems robbery as one of the most violent crimes a person can commit. Robbery is a criminal act. When a person seizes the property of another through violence or intimidation, then the person may be charged with robbery. A person who commits robbery is called a robber. Generally, some form of violence is used in the commission of a robbery.

Robbery combined with the use of a weapon is classified as armed robbery. The law punishes those who commit armed robbery very harshly.

Carjacking is a form of robbery. The item that is stolen in a carjacking is the automobile itself. Again, this is a crime of violence and almost every state in the United States imposes a very harsh penalty on those who are convicted of carjacking.

Robbing a bank that is federally insured is a federal crime.

The criminal defense attorneys of SRIS, P.C. defend clients charged with robbery, armed robbery and carjacking .

The Law Offices of SRIS, P.C. has offices in Virginia, Maryland & Massachusetts

• The offices in Virginia are in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.
• The offices in Maryland are in Rockville & Baltimore.
• The office in Massachusetts is in Boston.

If you wish to see the laws of states we have offices in, regarding robbery or carjacking, please click on the state:

• Robbery & Carjacking Laws in Virginia
• Robbery & Carjacking Laws in Maryland
• Robbery Laws in Massachusetts

Please contact us if you are charged with any of the above. You can contact a criminal defense attorney of SRIS, P.C. by calling our toll free number: 888-437-7747, email or our fast on line form . A criminal defense lawyer from our firm will discuss the allegations with you and advise you as to how we can best help you.

Our criminal defense attorneys and staff in Virginia, Maryland & Massachusetts speak the additional languages besides English: Spanish, French, Tamil, Arabic, Hindi, Telugu, Cantonese, Mandarin & Malaysian.

Our attorneys are licensed to defend robbery/carjacking cases in Virginia, Maryland, Pennsylvania & Massachusetts, however we defend robbery/carjacking only in Virginia, Maryland & Massachusetts.

Please click on attorneys to learn more about the criminal defense lawyers who assist clients with robbery/carjacking defense in Virginia, Maryland or Massachusetts.

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Malicious Wounding/Unlawful Wounding Defense Attorneys

Licensed in Virginia, Maryland, D.C. & Massachusetts

Malicious wounding is a more serious form of assault. In most states, malicious wounding also known as aggravated assault/battery occurs when one 1) tries to or does cause severe injury to another, or 2) causes injury through use of a deadly weapon with the intent to maim, disfigure or cause serious bodily injury.

A lesser included offense of malicious wounding is called an unlawful wounding.

The criminal defense attorneys of SRIS, P.C. defend clients charged with malicious wounding and unlawful wounding.

Please contact a criminal defense attorney of SRIS, P.C. today, if you have been charged with either malicious wounding or unlawful wounding. You can call us at 888-437-7747, email, or our fast on line form. A criminal defense lawyer from our firm will consult with you as to your options and possible defenses.

We have offices in Virginia, Maryland & Massachusetts

Our offices in Virginia are in Fairfax, Fredericksburg, Lynchburg, Manassas, Richmond & Virginia Beach.

Our offices in Maryland are in Baltimore & Rockville.

Our office in Massachusetts is in Boston.

If you wish to view some of the laws that pertain to Malicious Wounding & Unlawful wounding in Virginia, Maryland or Massachusetts, please click on the respective state:

• Virginia Malicious Wounding/Unlawful Wounding Defense
• Maryland Malicious Wounding/Unlawful Wounding Defense
• Massachusetts Malicious Wounding/Unlawful Defense

Our criminal defense attorneys and staff in Virginia, Maryland & Massachusetts speak the following languages in addition to English: Spanish, French, Tamil, Arabic, Hindi, Telugu, Cantonese, Mandarin & Malaysian.

Our attorneys are licensed to handle cases in Virginia, Maryland, Pennsylvania & Massachusetts, however we handle malicious wounding/unlawful wounding cases only in Virginia, Maryland & Massachusetts at the present time.

Please click on attorneys to learn more about the criminal defense lawyers who assist clients with malicious wounding/unlawful wounding defense Virginia, Maryland or Massachusetts.

Call us today!

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