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Police Enforcement of Maryland’s Stay-at-Home Order

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On March 30th, Maryland’s Stay-at-Home order went into place. The Governor’s order indicated that any person who violates this order is guilty of a misdemeanor, punishable by imprisonment of not more than 1 year, or a fine of $5,000.00, or both.

This order remains effective until after termination of the state of emergency and the proclamation of the catastrophic health emergency has been rescinded, or until rescinded, superseded, amended, or revised by additional orders.

At this time, the Stay-at-Homer order is still in place with no definite end date. Nearly a month under the Stay-at-Home order has come with new and separate orders to wear personal protective wear when in public places. The length of the Stay-at-Home order and need to wear personal protective wear has come with its difficulties.

During this span of about a month, there have been thousands of reports of social distancing and protective wear violations. Police respond to the report and indicate that they no longer can locate the reported issue, the issue can be easily corrected, or ending in the arrest of an individual for the violation. Out of the thousands of reports for violations, only about 49 individuals have been charged with violating the orders imposed by the Governor.

In some instances, Police have found individuals to be acting in other illegal activities and have not only charged the individual with the violation of the Governor’s order, but also the illegal activity the police believe you are engaging in.

If you have additional questions as to this order, or if you have been charged with a violation of this order, contact Attorney Justin W. Esworthy for legal assistance. Justin Esworthy is a Maryland criminal/traffic defense lawyer and handles cases in all Maryland jurisdictions, including Anne Arundel County, Baltimore County, Harford County, Carroll County, and the Eastern Shore.  Contact Justin anytime at 443-608-5515 for a free consultation about your case.

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As we have quickly changed how we operate businesses, we have quickly grown to use services like Zoom, Skype, and many other video chatting platforms to continue everyday operations. While this is convenient during this time, it is also much riskier than many may have thought. Just like we have seen an increase in scam emails, we have also seen an increase in computer hackers and what some are calling “Zoombombing.”

Zoombombing is when someone obtains the virtual meeting identification information to invade a public or private meeting over the videoconferencing platform to broadcast disruptive content. A warning was posted as a press released to the Department of Justice’s website under the U.S. Attorney’s office with support from the state attorney general and the FBI.

Prosecutors say they’ll pursue charges for Zoombombing, including “disrupting a public meeting, computer intrusion, using a computer to commit a crime, hate crimes, fraud, or transmitting threatening communications.” Some of the charges include fines and possible imprisonment.

If you are under investigation or have been charged with a Zoombombing offense, you should seek representation for such offenses.

Justin Esworthy is a Maryland and Pennsylvania criminal defense lawyer.  Justin handles cases in all Maryland jurisdictions and Federal Court including Anne Arundel County, Baltimore County, Harford County, Carroll County, and the Eastern Shore. Justin also handles cases in York County and Adams County in Pennsylvania. Contact Justin anytime at 443-608-5515 for a free consultation about your case.

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If you were recently pulled over by an officer and issued a citation, you may be wondering what you have to do next, if you will have to appear at court, and if you should obtain representation. A lot of this depends on the specific facts of your matter. Below are a few important things to think about with regard to your citation(s).

Minor / Payable Citations – For Drivers Licensed in Maryland

Most commonly when you are pulled over and given a citation, it will include a minor/payable citation. Citations such as speeding, failing to stop at a stop sign, etc. are those citations in which are considered to be minor and carry points and a payable citation fee.

If you have been issued a traffic citation in Maryland, you will have certain time frames and deadlines that you must abide by. The most important is that once you have been issued a traffic citation in Maryland, you are given thirty (30) days to respond to the court with how you wish to proceed with your matter. You may have a few options when responding to the court. You can do one of the following: (1) Request a Trial, (2) Request a Waiver Hearing, or (3) elect to pay the fine amount (if a fine amount is listed on your citation). Failure to respond timely may result in your license being suspended and will require additional action be taken to remediate the matter.

For payable offenses, if the driver chooses to pay the fine and plead guilty, the guilty plea will be entered on the driver’s record and the Motor Vehicle Administration (MVA) may assess points. Drivers who ask for a Waiver Hearing are admitting their guilt but are asking for a hearing to attempt to explain to the judge why he/she should receive a lower fine or probation before judgment (PBJ). When electing the Request for a Waiver Hearing, you should be aware that this hearing is not a Trial. When asking for a hearing, drivers give up the right to have a trial and the officer who issued the citation, will not be present. If you are given a PBJ, the MVA will not charge points for this disposition because it is not a conviction. There is a chance that the judge will charge the driver with a higher fine, not to exceed $500.00 for most citations in Maryland, but some can be higher than $500.00.

If you elect for a Request for Trial, you are doing so to dispute the facts of the matter and requesting the officer’s presence at the Trial date. While it is not mandatory for an officer to attend a Trial, some officers still choose to attend. If such is the case, an attorney can communicate with the officer and negotiate for a reduced citation, points, or that the officer will present no evidence. A trial is similar to a Waiver Hearing in that you can still argue for a reduced citation fine and/or points if you are convicted, and potentially receive a PBJ. The main difference in potential outcomes is that at a Trial, a Defendant and their counsel can argue for a citation to be completely dismissed, meaning that there would be no points going onto the defendant’s driving record and no fine would due. At a Waiver Hearing, a complete dismissal is not a potential outcome.

Minor / Payable Citations – For Drivers Licensed in States other than Maryland

If you have been issued a minor traffic citation in Maryland, you will have certain time frames and deadlines that you must abide by. The most important is that once you have been issued a traffic citation in Maryland, you are given thirty (30) days to respond to the court with how you wish to proceed with your matter. You may have a few options when responding to the court. You can do one of the following: (1) Request a Trial, (2) Request a Waiver Hearing, or (3) elect to pay the fine amount (if a fine amount is listed on your citation). Failure to respond timely may result in your license being suspended and will require additional action be taken to remediate the matter.

If you have elected a Waiver Hearing or a Request for Trial and reside out of state, Traffic Defense attorney Justin Esworthy has experience with out of state residents and may be able to waive your appearance at the hearing or trial. Contact attorney Justin Esworthy to explore your options with waiving your appearance at court.

You should also be aware that if an Out-of-State driver pays the fine amount and/or is assessed points by the court, those points may or may not be assessed on your Out-of-State Driving Record, depending on your State’s laws. Traffic Defense attorney Justin Esworthy has experience with citation reporting in many surrounding states. Contact attorney Justin Esworthy to find out whether you may be subject to receiving points on your license as an Out-of-State licensed driver.

Any driver cited with an offense that may be punishable by point accumulations or fines should consult an attorney.

Serious / Jailable Citations

If you were recently pulled over for a traffic incident which resulted in being cited with a “Must Appear” jailable citation, it is imperative that you meet all deadlines and attend all hearing(s) and/or trial date(s) associated with your case. Failure to appear for a hearing or trial could result in the judge issuing a bench warrant for your arrest.

Citations such as driving on a suspended license, driving without a license, DUI, etc. are those citations in which are considered to be serious and may be punishable by jail time.

Unlike the minor citations, those who are cited with the serious traffic offenses are generally are informed by the officer when receiving their citations that the Defendant must appear at the commissioner’s office within five (5) days of receiving the citation. Serious traffic violations do not require you to elect a trial, as one will be issued for you by the commissioner.

Prior to your court appearance, there are many things we can do now and advise you to do now in order to prepare yourself and your case to have the best possible outcome. While courts may be closed, in addition to many other state agencies, like the Motor Vehicle Administration, we can still prepare your case by completing tasks through online vendors. It is imperative to take the additional time we have been given to prepare for Trial. The more preparation that can be done now, the better a position you and your attorney will be in for Trial.

Any driver cited with an offense that may be punishable by jail time should consult an attorney to learn more about what options may be available to them.

Justin Esworthy is a Maryland criminal/traffic defense lawyer.  Justin handles cases in all Maryland jurisdictions including Anne Arundel County, Baltimore County, Harford County, Carroll County, and the Eastern Shore.  Contact Justin anytime at 443-608-5515 for a free consultation about your case.

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On March 30th, Governor Hogan issued a Stay-at-Home Order for all Maryland residents. Many states have issued their own versions of a stay-at-home order, so it is important that you are aware of the specifics for Maryland’s order. A few important sections of the order are as follows:

  • Effective at 8pm on March 30th, no Maryland resident may leave their home unless it’s for an essential job or essential reason. Reasons include going to an essential job, or seeking food, medicine or medical attention.
  • No Marylander should be traveling out of state. If you have traveled outside of the region, you should self-quarantine for 14 days upon your return.
  • This order also controls the occupancy and use of all businesses, organizations, establishments, and facilities that are not part of the critical infrastructure sectors identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (currently described at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19).
  • All Non-Essential Businesses shall remain closed to the general public. However, staff and owners may continue to be on-site at Non-Essential Businesses for limited purposes.
  • Any person who violates this order is guilty of a misdemeanor, punishable by imprisonment of not more than 1 year, or a fine of $5,000.00, or both.
  • This order remains effective until after termination of the state of emergency and the proclamation of the catastrophic health emergency has been rescinded, or until rescinded, superseded, amended, or revised by additional orders.

If you have additional questions as to this order, or if you have been charged with a violation of this order, contact Attorney Justin W. Esworthy for legal assistance. Justin Esworthy is a Maryland criminal/traffic defense lawyer and handles cases in all Maryland jurisdictions, including Anne Arundel County, Baltimore County, Harford County, Carroll County, and the Eastern Shore.  Contact Justin anytime at 443-608-5515 for a free consultation about your case.

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Maryland has authorized $130 million in loan and grant funding for small businesses and manufacturers that have been negatively impacted by the Coronavirus (COVID-19). This emergency assistance provides interim relief and proceeds that can be used to pay cash operating expenses including payroll, suppliers, rent, fixed debt payments and other mission critical cash operating costs.

If you are a Maryland-based business impacted by the Coronavirus with under 50 full- and part-time employees, or a Maryland manufacturer, check out the programs below to see if you qualify for assistance.

See https://commerce.maryland.gov/fund/maryland-small-business-covid-19-emergency-relief-fund-programs for additional information.

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Court of Appeals Chief Judge Barbera issued an administrative order on Friday, March 13, 2020 that ordered Maryland courts be closed to the public due to the current state of the Coronavirus (COVID-19). At this time, courts are to be closed from March 16, 2020 through April 3, 2020. What does this mean for your case?

Criminal Trials/Non-Emergency Hearings

Following Chief Judge’s order issued on Friday, most courts have determined that if your case was scheduled for a Trial or a non-emergency Hearing between March 16 – April 3, your hearing will be postponed by the court to a date when the courts are expected to be open.

Jury Trials and non-emergency hearings have been postponed in order to reduce the number of people in one area at a time, as it is best for public health and safety to eliminate unnecessary group gatherings and potential exposure.

Emergency Hearings

One exception to Chief Judge’s order is that emergency hearings can be heard during this time, at the discretion of the receiving court/Judge. The Order also instructed for the receiving courts and Judge’s to decide on a case-by-case basis whether to grant a hearing for the emergency matter, and exactly how to conduct the hearing. Courts may have the ability to conduct the hearing by phone or video conference. The Order urges Judge’s to use their discretion to determine if and how the hearing may be conducted. Should you be granted a hearing on your emergency matter, the court will inform you of the format in which the hearing will proceed.

  • Emergency Protective Orders / Peace Orders

Following the courts Order on Emergency Hearings, Emergency Protective Orders and Peace Orders also fall into this category. Commissioners will still be available to issue Temporary Peace and Protective Orders, however, matters will only be heard by a Judge following the issuance of a Temporary Order if the relief sought is an emergency and granted by the receiving Judge. If an emergency hearing is granted, then Judges are urged to use their discretion to determine if and how the hearing may be conducted. Should you be granted a hearing on your emergency       matter, the court will inform you of the format in which the hearing will proceed.

  • Bail Review / Habeas Corpus Petitions / Arraignment

Following the courts Order on Emergency Hearings, Bail Review, Habeas Corpus Petitions and Arraignments also fall into this category. Defendants arrested will still see the district court commissioner within 24 hours to determine whether bail, pre-trial supervision or recognizance is appropriate. Again, Judges are urged to use their discretion to determine if and how the   hearing may be conducted. Should you have a hearing on your emergency matter, the court will inform you of the format in which the hearing will proceed.

  • Extradition Hearings

Following the courts Order on Emergency Hearings, Extradition Hearings also fall into this category. Defendants arrested will still be afforded the right to have an extradition hearing.        Again, Judges are urged to use their discretion to determine if and how the hearing may be conducted. Should you have a hearing on your emergency matter, the court will inform you of the format in which the hearing will proceed.

Traffic Citations

While the Chief Judge issued an administrative order on Friday to close Maryland courts to the public, this does not mean that all administrative matters in the court come to a halt. If you have been issued a traffic citation during this period of time, you still have certain time frames and deadlines that you must abide by. The most important is that once you have been issued a traffic citation in Maryland, you are given thirty (30) days to respond to the court with how you wish to proceed with your matter. You may have a few options when responding to the court. You can do one of the following: (1) Request a Trial, (2) Request a Waiver Hearing, or (3) elect to pay the fine amount (if a fine amount is listed on your citation). Failure to respond timely may result in your license being suspended and will require additional action be taken to remediate the matter.

 

Justin Esworthy is a Maryland criminal/traffic defense lawyer.  Justin handles cases in all Maryland jurisdictions including Anne Arundel County, Baltimore County, Harford County, Carroll County, and the Eastern Shore.  Contact Justin anytime at 443-608-5515 for a free consultation about your case.