Author Archives: Site Administrator: Paul Notarianni

About Site Administrator: Paul Notarianni

Paul Notarianni is the administrator for this site.

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 , , , , , , , , , , , , , , , , , , , , , , ,