Category Archives: —- Paul Notarianni

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 , , , , , , , , , , ,

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

Mistake of Fact Jury Instruction. General v. State

Brief Brief  General v. State, 367 Md. 475 (2002). Issue:  Mistake of Fact is a recognized defense and, when generated, must be presented to the jury. Background:  Defendant was convicted of failure to remain at the scene of an accident … Continue reading

Posted in - Criminal Law, - Jury Instructions, -- B.B.'s. Brief Briefs, ---- Paul Notarianni

No Declared Stingrays in Allegany County

No Declared Stingrays in  Allegany County Across the United States, law enforcement agencies have being using devices, commonly called “Stingrays,” to conduct surveillance on civilian populations.  These devices are purported to mimic cell phone towers to track phones and, potentially, … Continue reading

Posted in - Public Interest, ---- Paul Notarianni | Tagged , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Quick Reference: Case Search Codes

This quick reference guide is to some of the most common Maryland Judiciary Case Search System abbreviations.  This quick reference is not produced by or affiliated with the State of Maryland.  This list is not all inclusive and there is … Continue reading

Posted in - Notes and Forms, ---- Paul Notarianni | Tagged , , , ,