Peace Orders in Maryland

In Maryland, a peace order protects those who do not qualify for a protective order, but provides abused parties with similar protection to that of a protective order. The following relationship types may qualify for a peace order: non-cohabitant significant others (without child in common), co-workers, strangers, acquaintances, neighbors, and parents/step-parents/children/step-children whom the petitioner does…

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DUI Blood Test Refusal in Maryland

Refusing to have your blood tested in a drunk driving stop does not permit officers to forcibly have your blood drawn as evidence in most cases. Missouri v. McNeely was a case in which the defendant’s blood was drawn without his consent for the purpose of a BAC test after he was stopped on suspicion…

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Testimony at Trial in Maryland

Two types of testimony can be made at trial: lay person testimony and expert testimony. In order to be admitted as evidence at trial, certain requirements must be met based on the type of testimony. In Ragland v. State, the issue of testimony type was argued as a reason for appeal of the appellant’s conviction.…

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Whren Stops in Maryland

A pretextual stop is one wherein a police officer has motive other than an observed traffic violation (ex. to search for drugs) to stop a driver. Although the Fourth Amendment protects against illegal search and seizure, it was unanimously decided in Whren v. United States, a case before the U.S. Supreme Court, that any traffic…

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Marital Privilege in Maryland

In Maryland, Marital Privilege (also known as Spousal Privilege) may be invoked when an individual is called to testify against his or her spouse at trial. Without additional evidence, the State’s case may rely on the spouse’s testimony. This may lead to a dismissal of the case when Marital Privilege is asserted. There are two…

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