Author Archives: Site Administrator: Paul Notarianni

About Site Administrator: Paul Notarianni

Feel free to view and download any of the content on this site IF you accept the following conditions: 1) You agree to not forward or distribute any of the content of this site for profit or financial gain. 2) You understand that this site and all of its content is for informational purposes only. 3) You understand that the Western Maryland Advocate is not an advertisement, no legal services of any kind are being offered. 4) You understand that no attorney-client relationship exists simply by nature of viewing this site and downloading/viewing its contents. 5) You understand that nothing on this site or downloaded from it should be used as an alternative to discussing your case with a competent licensed attorney in your particular jurisdiction. 6) You understand that the Western Maryland Advocate is an independent experiment. In other words, this site is in no way, whatsoever, affiliated with any government agency or law firm. 7) You understand that no warranty or guarantee is made that the information on this site or the content posted on it is accurate, up to date, or current. 8) You understand that the Western Maryland Advocate is not responsible for the content on any associated link or advertisement. Paul J. Notarianni is the administrator for the Western Maryland Advocate. He is licensed to practice law in the State of Maryland and may be contacted at Paulnotarianni@gmail.com

Traffic Stop for Window Tint. Turkes v. State

Brief Brief:  Turkes v. State, 199 Md. App. 96 (2011) Issue:  When does a perceived violation of window tint regulation give rise to reasonable articulate suspension to support a traffic stop? Quotes: “When an officer observes a vehicle that is … Continue reading

Posted in - 4th Amendment, - Criminal Law, - Traffic Offenses, -- B.B.'s. Brief Briefs

Plea Agreement: Binding v. Non-Binding

Plea Agreement:  Binding v. Non-Binding Defense counsel is in District Court with client charged with theft under $100.00.  Defense counsel asks the assigned State’s Attorney for a plea offer.  The State’s Attorney responds “If your client pleads guilty to theft … Continue reading

Posted in - Criminal Law, - HG 8-505 & Sentencing, - Plea Agreements, ---- Paul Notarianni | Tagged , , , , , , , , , , , , , ,

“The Court Refuses to Honor my Appeal. What do I do now ?!?!”

Article by Paul J. Notarianni This article is a collection of forms a practitioner could use if they feel their notice of appeal was wrongly stricken. The Court Refuses to Honor my Appeal What do I do now

Posted in - Appellate Practice, - Criminal Law, - Notes and Forms, ---- Paul Notarianni | Tagged , , , , , , , , , , ,

Passenger Standing and Terry. Arizona v. Johnson.

Brief Brief  Arizona v. Johnson 555 U.S. 323 (2009). Issue:  Passenger standing to challenge traffic stop and Terry search. Quotes: “This case concerns the authority of police officers to “stop and frisk” a passenger in a motor vehicle temporarily seized … Continue reading

Posted in - 4th Amendment, - Criminal Law, -- B.B.'s. Brief Briefs

Illegal Deferred Sentence. Montgomery v. State.

Brief Brief: Montgomery v State 405 Md 67 (2007) Issue: Illegal Deferred Sentence Facts:  The defendant was convicted “of violating the conditions of a previously imposed period of probation. The court sentenced Montgomery to ten years imprisonment for the violation, … Continue reading

Posted in - Criminal Law, - HG 8-505 & Sentencing, -- B.B.'s. Brief Briefs

PBJ and Subsequent Offender Status

Below is an argument to prevent the State from seeking subsequent offender status for a defendant whose past matter resulted in a probation before judgment.   It was drafted by Paul J. Notarianni. Argument         The Defendant in this … Continue reading

Posted in - Criminal Law, - HG 8-505 & Sentencing, ---- Paul Notarianni | Tagged , , , , , ,

Interlocutory Criminal Appeal: Denied Motion to Enforce Plea Agreement

This is a sample motion for an interlocutory appeal in a criminal case arising from a denied motion to enforce a plea agreement.   It was drafted by Paul J. Notarianni. NOTICE OF APPEAL     COMES NOW:  The above captioned … Continue reading

Posted in - Appellate Practice, - Criminal Law, - Plea Agreements, ---- Paul Notarianni | Tagged , , , , ,

Enforcement of Plea Agreement:  “But I did what they told me to do…”

Description: Below is the argument section for a motion to enforce a plea agreement.  It was drafted by Paul J. Notarianni.  For this scenario, the relevant facts are as follows.  A defendant was charged with a crime.  At the initial … Continue reading

Posted in - Criminal Law, - Plea Agreements, ---- Paul Notarianni | Tagged , , , , , , , , , , , , , , , , , , , , , , ,

Proposed Jury Instructions for Motor Vehicle Offenses

TA 21-301 (a) [Drafted by Paul Notarianni,  2017] Failure to Drive Right of Center The Defendant is charged with the crime of failure to drive right of center.  In order to find the Defendant guilty, the state must prove: The … Continue reading

Posted in - Criminal Law, - Jury Instructions, - Traffic Offenses, ---- Paul Notarianni

Never Having a License as Defense to DWS/DWR. State v. Sullivan

Brief Brief.  State v. Sullivan, 407 Md. 493 (2009) Holding: “The Court of Appeals, Greene, J., held that defendant did not have a “privilege to drive” in Maryland that could be “revoked,” and thus defendant could not be convicted of … Continue reading

Posted in - Criminal Law, - Traffic Offenses, -- B.B.'s. Brief Briefs, ---- Paul Notarianni