State v. J.M.

Client, was 19, charged with Assault 1st , Assault 2nd and Use of Deadly Weapon. Client facing a possibility of over 25 years and or $2500.00 fine or both. It was alleged that Client went to a bar, and bashed in the face of Alleged Victim with a beer bottle, because she was messing around with her boyfriend.  Client was later arrested at gun point in her mother’s home. Defense argued to State that Client acted in self-defense and or it was mutual combat, and witnesses had been subpoenaed to support that theory.  After talking to a Bouncer at the bar, and our witnesses, the State dismissed all charges the day of Court.  ( Baltimore County)

Client charged with DOS, DWOL. Client facing a possibility of 1 year and a $1,000.00 fine or both and 12 points. Client’s license was suspended for violating an MVA requirement that the car be equipped with Intox machine, had horrible driving record including multiple DOS. Client pled NGASF to DOS, State was seeking 60 days incarceration, after mitigation, Client received ten days, to serve on the weekends.

Client charged with CDS Possession Not Marijuana, and Possession of Paraphenalia. Client facing a possibility of 1 year and or a $5,000.00 fine or both. Client was stopped for unlawful lane change in front of police officer, which then caused another car to almost hit them, due to multiple indicators, a K-9 sniff was conducted, which then led to the officer finding over ten pills of oxycodone in a bottle not prescribed to Client. Client was granted a Probation Before Judgment.

Client charged with Assault 1st degree, Assault 2nd degree, and Use of Firearm in Public Forum. Client facing a possibility of over 25 years and or $2,500.00 fine or both. It was alleged that client was in an altercation with their spouse, their child came to the house to get the clients spouse, and as they were leaving, Defendant allegedly pointed gun at them both and then fired the gun once they pointed it to the right of them, at which time they left and the police were called to try to get client out of the home.  After discussing the matter with the State, Client only did a NGASF to Assault 2nd degree, all the other charges were dropped, and after mitigation,  Defendant recieved time served.

Client was involved in a serious car accident due to the negligence of the other driver, Client t-boned the women, and he was taken to the hospital.  After months of Physical Therapy, which helped, but his arm and wrist remained numb, so he had to get surgery to release a pinched nerve. The accident caused him to go on short-term disability and he missed several months of work.  Once all his records, treatment and other pertinent documents and photos were submitted to the insurance adjuster, Client walked away with a great settlement, and even after all his bills and providers were paid, was still able to put down a significant amount of money to buy a house for him, his fiancée, and their children.

Client charged with DUI, DWI. Client facing a possibility of 1 year and or a $1,000.00 fine or both and 12 points. Client was passed out behind the wheel, in the middle of the road, with beer in their lap, admitted to drinking several beers, and refused the Intoximeter test. Client pled NGASF to Driving While Impaired by Alcohol, lesser included offense, all other charges were dismissed, and despite having a prior DUI, and after mitigation was presented, Client was given a fully suspended sentence.

Client charged with DUI, DWI, Fleeing and Eluding. Client facing a possibility of 2 years, $2,000.00 fine or both and up to 24 points. Client was stopped for speeding, delayed pulling over until they returned to theirs house and pulled into driveway, officer followed them the whole way, called for back-up, and upon approaching the vehicle, Client was smoking a cigar and had the music blasting.  Officers pulled client out of the car, client refused SFST and Intoximeter test, became combative with officers in the driveway, ultimately taken into custody without further incident. Client pled NGASF to DWI, lesser included offense, despite prior DUI, after mitigation, Client received a Probation Before Judgment.

Client charged with Speeding (99-50), which had him facing 5 points and possible license suspension. Client allegedly Crossed over Double Yellow Lines, Negligent Driving, and Failure to Control Speed, where Client allegedly was on a motorcycle doing 99 in a posted 50, passed 2 cops who got his license plate number, and went to his house to issue the appropriate citations. After trial Client Acquitted of Negligent Driving, Guilty of other two charges, we appeal, and we convinced the State to reduce the speeding to 79 in a 50 and dismissed the other charges. Client received two points so no license suspension.

Bail Review – Potential Client was originally held without bail, upon our entering the case for both the bail review and underlying assault case, Client was released on a $1,500 unsecured bond, which means they did not have to pay any money to get out of jail pending the trial.

Client charged with 17 counts of theft, including, but not limited to, theft use of another’s credit card on multiple occasions, and theft 100 - $1,500, which had client facing over 6 months in jail and $500.00 fine and or both. Client used their bosses credit card to buy multiple items from various department stores, which Client never received permission to use. After discussions with the State, they dismissed 16 counts, Defense did a NGASF to theft $100 - $1,500, and after mitigation, Client recieved a Probation Before Judgment.

Client (Tenant) was staying at a rental property while their house was being repaired from damage it sustained, they were only present for less than 6 months, Landlord tried to claim that the full security deposit needed to be relinquished to cover damages, however, Landlord did not comply with statutory requirements, violated tenant’s rights provisions and had to return full security deposit to Client.

Client charged with going 63 in a 30 (5 points), cop driving in opposite direction, so he paced them. Client pled Not Guilty and was found Not Guilty.

Client charged with going 67 in a 55 (1 point), failure to reduce speed in dangerous weather conditions (1 point), and passing in a no passing zone (1 point), where Client started to pass 4 cars in a passing zone, but it became a no passing zone, 1 of the cars was a cop, who proceeded to stop the vehicle.  Client was a CDL driver and any points would have catastrophic consequences on their ability to maintain employment and provide for their family, after Client listened to everything we told them, and presented a strong mitigation argument, Client was granted Probation Before Judgment for all 3 citations, which led to 0 points.

Client charged with multiple counts of CDS Not Marijuana, Client facing a possibility of 1 year and or a $5,000.00 fine or both. Despite having a prior DUI, I convinced State to put the case on the STET Docket, not a conviction, with the only condition being client complete 50 hours community service in 6 months.

Client charged with DUI, DWI, Client facing a possibility of 1 year and or a $1,000.00 fine or both and 12 points. Client flicked a cigarette out the window, was stopped, admitted to drinking 2 mixed drinks, refused the Intox test. Client pled NGASF to DWI, lesser included offense, all other charges were dismissed, and after mitigation was presented, Client received a Probation Before Judgment.

This was for Sentencing only as the Public Defender handled the criminal case.  The most serious charge carried up to 15 year’s incarceration, State was seeking 8 years, after hearing from all Client’s witnesses, and extensive mitigation from Defense, Client received only 18 months local time, with recommended work release.

Client charged CDS Possession not Marijuana, which had client facing a possibility of  1 year and or a $5,000 fine or both, and Failure to Remain at Scene of Accident = 1 year and or a $1,000 fine or both and 12 points, DWI while Impaired b Drugs and or Alcohol = 60 days and or a $500 fine or both and 8 points.  DUI  Driving While Impaired by Drugs = 1 year in jail and or $1,000 fine or both and 12 points. Client was in an accident, a witness advised that Client was driving, Officer goes to Client’s residence, notices them being slouched over on a bucket, having slurred speech, and a white substance on his lips, based on evidence, Client does SFST, 6/6 HGN, 6/8 WAT, 4/4 OLS, and is arrested for suspicion of DWUI, DWI, is taken to the station, and upon further search, find non-prescribed schedule II controlled dangerous substance.  Client was granted a Probation before Judgment on the DWI, and all the other charges were dismissed, including the CDS Possession Not Marijuana.

Client charged with Assault 2nd degree, which had him facing 10 years and or a $2,500 fine or both, where it was alleged that Client was in an altercation with his 15 year child because they had been out drinking, Client questioned them when they returned to find out where they were drinking, which led to an altercation where he slammed their head against a wall, hit them multiple times, and patted on them on the stomach to try and get them to throw up. A 911 call was made by the grandmother and another one of Client’s younger child was present. Client took our advice, enrolled in a program to help parent’s deal with these types of situations prior to trial, and after discussions with the State, who decided not to oppose a Probation Before Judgment, after mitigation from the Defense, Client received a Probation Before Judgment supervised for a year.

Client charged with Speeding, DUI, DUI Per Se, DWI, client facing  over 1 year and or a $1000.00 fine or both and 12 points. It was alleged that client was speeding, 53 in a 40 confirmed by officer’s radar, they admit to drinking, SFTS, HGN 3/6 (blind in the left eye), WAT 3/8, OLS 4/4, and blew a .08 at the station.  Client has several prior convictions for many different things, subsequent offender notice with enhanced penalties, and after Client listening to our advice of getting into treatment, instead of jail, which they thought was definitely going to happen, convinced State to only go on the DWI, lesser included offense, but still facing up to three (3) years because of subsequent offender, and after mitigation, Client receives a fully suspended sentence, despite all the aggravating factors.

Client charged with (7) charges, including but not limited to, unlawful taking of motor vehicle, (criminal), the rest (traffic) intoxicated endangerment, DUI, DWI, DWI While Transporting a Minor, which had client facing over 7 years and or $2000.00 fine or both and 20 points. Client allegedly took his wife’s car, which did not know about, put his special needs daughter in the car, drove to get food, was observed by an off-duty police officer driving erratically, at one point in the opposite lane, was stopped in parking lot, admitted to drinking, refused SFST, refused Intoximeter, and his license was revoked/suspended. Client has prior DUI conviction, subsequent offender notice filed by State, Client listens to our advice of getting into treatment, convinced State to only go on a DWI, lesser included offense of all the charges, the other charges are dismissed, and after Mitigation, Client receives a fully suspended sentence, even with all the aggravating factors.

Client charged with going 64 in a 45 (2 points), where cop used radar to get them speeding. After mitigation, Client granted Probation Before Judgment,  0 points.

Client charged with going 78 in a 55 (2 points), where cop used radar to get them speeding. After mitigation, Client was granted a Probation Before Judgment, 0 Points.

Client charged with Driving on a Suspended License, Possessing a Suspended License, and Failure to Display Illuminated Lights while Driving, which had client facing 1 year and or $1000.00 fine or both and 12 points. Client’s headlights were not working, so Client used their high-beams, passed by a police officer, who turned around and pulled Client over, at which time officer told Client their license was suspended.  Defense settled the case without going to trial, all the charges were dismissed, and later we expunged them from the Client's record.

Client charged with Theft less than $1,000 (at this time it carried up to 18 months in jail and or a $500 fine or both) (2017), where it was alleged that Client stole items from a store where they were working, which included jewelry, clothes and other items, and after a police sting, he was caught with the items in their possession. Client first hired another attorney, was not happy with the representation, so terminated them, and later hired our firm. Client was out on Parole for a serious charge and any new charge could send him back to prison. After discussions with the State, Defense convinced them to amend the Theft less than $1,000 to Theft less than $100 = 60 days in jail and or a $500 fine or both,  instead of State asking for substantial jail , Client only received five weekends and the Parole Retake Warrant was never issued.

Client charged with theft $100  - $1,500, which had client facing 6 months and or $500.00 fine or both. It was alleged that Client stole items from a department store. On day of trial, Defense had charges dismissed.

Client charged with CDS: Not Marijuana, CDS Equipment Poss/Dist, Paraphenalia, Driving under influence of alcohol and or drugs, and Driving under the influence of drugs, Negligent Driving, and Reckless Driving, which had client facing over 2 years and $6000.00 fine and or both and over 12 points. Officer witnessed Client cross over double yellow line, and saw the vehicle weaving in the lanes, stopped vehicle, Client’s speech was slurred, movements lethargic, and saw track marks on his hands and forearms, SFST 0/6, WAT 6/8, OLS 3/4, K-9 scan resulted in finding heroin, spoon with residue, dollar bill rolled up, several syringes, and a suboxone strips. After discussions with the State, and Client following our advice, Defense got all charges dismissed except for driving under the influence of drugs, Client received a suspended sentence.

Unlawful possession of firearm, felon in possession firearm, which had client facing 3 years and 15 years with a mandatory of 5 years with no parole. Fire marshal was inspecting Client’s house after a fire, saw a handgun sticking out next to Client’s bed, took a picture, told Carroll County Sherriff’s Dept who ran his information, and determined that he could not be in possession of a firearm due to a prior felony conviction. After discussions with the State, Client pled to unlawful possession of a firearm and received a fully suspended sentence.

Client charged with Assault 2^nd degree, which had client facing 10 years and $2500.00 and or both. It was alleged that Client and another car became involved in a road rage incident, Client’s car came to rest at a red light, Client gets out of car, proceeds up to window and punches driver in the face, after which Client turns to walk away, however, other driver gets out of car, tackles Client to the ground, Client gets the better of him, and after other driver’s girlfriend gets out of vehicle threatening Client with a bat, Client gets in car and takes off, though Client’s license plate was already written down.  After discussions with the State, and despite adamant pleas to incarcerate Client, which was done via victim impact statements, after mitigation, Defense successfully got Client a fully suspended sentence.

Client charged with Possession with Intent to Distribute a Narcotic, specifically, crack cocaine, which had client facing 20 years. Client was set-up in a sting operation, and after conducting a K-9 scan of the vehicle, found close to 5 grams of crack cocaine between Clients’ backside. After discussions with the State, Client received 5 years, which included running a VOP concurrent to it.

Client charged with texting while driving, DOS, DWOL, Possessing Suspended, which had client facing 16 months and 1500.00 fine or both and 15 points. Officer saw Client texting while driving, stopped Client, Client did not have license on her, and her license was suspended. After discussions with the State, they dismissed all the charges except for driving on a suspended (h), which carries no jail and up to a $500, after mitigation, Judge granted Client Probation Before Judgment. In addition to getting this great outcome, Client was running late to Court, we held the State from calling the case, so that Client did not have a warrant issued for their arrest for failing to appear.