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- 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
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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 Comments Off on Plea Agreement: Binding v. Non-Binding
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
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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 Comments Off on PBJ and Subsequent Offender Status
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 Comments Off on The Justice Reinvestment Act’s Impact on 8-505
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 Comments Off on Notes and Forms: Health General Sections 8-505; 8-506; and 8-507