Categories
- – 4th Amendment
- – Appellate Practice
- – Assault & Affray
- – Bail
- – Criminal Law
- – Ethics
- – Evidence
- – HG 8-505 & Sentencing
- – Jury Instructions
- – Notes and Forms
- – Plea Agreements
- – Pretrial
- – Public Interest
- – Traffic Offenses
- — B.B.'s. Brief Briefs
- — The Western Maryland Law Journal
- —- James Malone
- —- Michael Stankan
- —- Paul Notarianni
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Posts
- Invocation of Counsel
- Lay Opinion; Moreland v. State.
- License Plate Lamp and 4th Amendment.
- Nol Pro & STETs on Appeal. LaFavre v. State
- Violation of Probation: Motion to Dismiss for Violation of MD Rule 4-347 (a)
- Md Crim. Pro Section 5-213.1 Violation of Pre-Trial Release Conditions
- Pickpocket v. Robbery. Cooper v. State.
- Failure to Grant a Jury Instruction
- Voluntariness of Guilty Plea
- K-9 Alert Not Sufficient to Search Occupants. State v. Wallace.
- Officer Cannot Stick Head in Car Window to take a Sniff. State v. Grant.
- Prosecutorial Misconduct in Plea Bargain Sentencing. Miller v. State
- Petition to Return Seized Animal
- Suppress Identification
- Frisking Car Passengers. Norman v. State
- Other Crimes Evidence and Witnesses. Sessoms v. State.
- Quick Reference of Impeachable Offenses
- Motion to Dismiss Due to Speedy Trial
- Victim Impact Statement. Ball v. State
- When Traffic Stop = Seizure. Ferris v. State
- Traffic Stop for Window Tint. Turkes v. State
- Plea Agreement: Binding v. Non-Binding
- “The Court Refuses to Honor my Appeal. What do I do now ?!?!”
- Passenger Standing and Terry. Arizona v. Johnson.
- Illegal Deferred Sentence. Montgomery v. State.
- PBJ and Subsequent Offender Status
- Interlocutory Criminal Appeal: Denied Motion to Enforce Plea Agreement
- Enforcement of Plea Agreement: “But I did what they told me to do…”
- Proposed Jury Instructions for Motor Vehicle Offenses
- Never Having a License as Defense to DWS/DWR. State v. Sullivan
- Mistake of Fact Jury Instruction. General v. State
- No Declared Stingrays in Allegany County
- Is 4th Degree Burglary Impeachable?
- Imperfect Self-Defense Jury Instruction
- Elements of Affray and defenses. Dashiell v. State.
- Standard for Preventative Detention. Wheeler v. State.
- STETs are Plea Agreements. State v. Thompson.
- DWS Mens Rea. State v. McCallum.
- Considering Other Pending Cases at Bail. Bigley v. Warden of Maryland Correctional Facility for Women.
- Spreadsheets = Hearsay. Davies v State.
- Fourth Amendment Outline
- Quick Reference: Case Search Codes
- Maryland Authorities on Lawyers and Social Media
- Cross-Reference of Maryland Traffic Offenses
- The Justice Reinvestment Act’s Impact on 8-505
- The Western Maryland Law Journal
- Defense Access to Police Personnel File
- Notes and Forms: Health General Sections 8-505; 8-506; and 8-507
- Intro to Death Penalty Voir Dire
- Notes and Forms: Defending School Truancy Cases in the District Court of Maryland
- Welcome! Site Information
Category Archives: – HG 8-505 & Sentencing
Victim Impact Statement. Ball v. State
Brief Brief. Ball v. State, 347 Md. 156 (1997) Issue: Victim impact statements and their limits. Quotes: “The impact of a crime on a victim or the victim’s family is both relevant and probative. (citing Evans v. State, 333 Md. … Continue reading
Posted in - Criminal Law, - HG 8-505 & Sentencing, -- B.B.'s. Brief Briefs
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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 - Criminal Law, 335 Md. 161, 416 Md. 568, 443 Md. 1, binding, binding v. non-binding, Bonilla v. State, Chertkov v. State, Cuffley v. State, Maryland, Maryland Rule 4-243, non-binding, plea agreement, Sentence Modification, State v. Smith
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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
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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 Does PBJ make you a subsquent offender, Judgement, Judgment, Maryland, PBJ, Probation Before, Subsquent offender
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The Justice Reinvestment Act’s Impact on 8-505
ABSTRACT: The 2016 Justice Reinvestment Act includes some drastic changes to Health General Sections 8-505 and 8-507. This article is a supplement piece to a prior article on Health General Relief. It highlights the portions of the Justice Reinvestment … Continue reading
Posted in - Criminal Law, - HG 8-505 & Sentencing, - Notes and Forms, ---- Paul Notarianni
Tagged ---- Paul Notarianni, 8-505, 8-507, ADAA Justice Services/Office of Forensics Services, Criminal defense, Department of Health and Mental Hygiene, District court, Drug Treatment, Health General, Justice Reinvestment Act, Maryland
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Notes and Forms: Health General Sections 8-505; 8-506; and 8-507
Notes and Forms Article by Paul J. Notarianni ABSTRACT: In a criminal matter, a sentencing judge has the power to order a defendant into the custody of the Department of Health and Mental Hygiene to receive substance abuse treatment, rather … Continue reading
Posted in - Criminal Law, - HG 8-505 & Sentencing, - Notes and Forms, ---- Paul Notarianni
Tagged ---- Paul Notarianni, 8-505, 8-506, 8-507, ADAA, ADAA Justice Services/Office of Forensics Services, Circuit Court, DC/CR 101, DC/CR 101, DC/CR 102, DC/CR 103, DC/CR 104, DC/CR 105, and DC/CR 109, DC/CR 102, DC/CR 104, DC/CR 105, DC/CR 109, Department of Health and Mental Hygiene, District court, Drug Treatment, Forms, Health General, Howsare v. Maryland, Maryland Law, Maryland Rule 4-345, Office of Forensic Services, Petition for Contempt, Sentence Modifcation, Sentence Modification, Substance Abuse
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The Western Maryland Advocate 