Posted on February 26, 2025 in Driving Under the Influence

Maryland has significantly increased the penalties for people who are convicted of driving under the influence of alcohol (DUI) or driving while impaired by alcohol (DWI).  If you have been charged with DUI or DWI, you need an experienced and aggressive criminal defense attorney who has experience handling these types of cases. If you are charged with a second or subsequent offense, the need for an experienced criminal defense attorney is even greater. 

What Is the Difference Between a DUI and a DWI?

Maryland law prohibits both driving under the influence (DUI) and driving while impaired (DWI). Both laws are misdemeanors that criminalize drunk driving, however, a DUI is considered a more serious offense and has greater maximum penalties.

To be convicted of a DUI, the State must prove that you drove, or attempted to drive, with a blood-alcohol-concentration of .08 or higher (or, if under the age of 21, 0.02 or higher). Far less is required for a DWI conviction. The State need only prove that you drove, or attempted to drive, while impaired to some degree by drugs or alcohol.

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 Posted on February 12, 2025 in Family Law

In April 2024, the Baltimore City Department of Social Services (the "Local Department") notified Silverman Thompson’s client it had found him to be a person responsible for indicated child physical abuse of an infant foster child. Through diligent advocacy, Silverman Thompson helped a very deserving family achieve the justice they rightfully deserved and physical abuse against the child was ruled out.

For a finding of indicated child physical abuse, the Local Department must prove the following elements, pursuant to COMAR 07.02.07.11:

• Physical abuse with no mental injury;
• A physical injury;
• A child victim;
• A parent, caregiver, authority figure, or household or family member of the alleged victim responsible for the alleged abuse; and
• Circumstances including the nature, extent, and location of the injury indicating that the alleged victim’s health or welfare was harmed or was at a substantial risk of harm.

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 Posted on February 11, 2025 in Driving Under the Influence

Marijuana is legal for recreational consumption in Maryland, but the laws surrounding its use, especially when combined with driving, are still evolving and often confusing. This creates a complex landscape for those facing Driving Under the Influence of Drugs (DUI) charges under Maryland Transportation Article 21-902 (c) or (d), and it’s crucial to understand how these changes might affect your DUI. As a criminal defense attorney, I regularly see first-hand the legal grey areas and want to shed some light on this important topic.

Do "Per Se" Laws Apply to Marijuana in Maryland?

Maryland has a "per se" law for alcohol, under TA §21-902(a)(2), meaning that if your Blood Alcohol Content (BAC) is above a certain limit (.08%), you are automatically considered impaired, regardless of your actual driving ability.  This applies to alcohol consumption, but this isn’t as straightforward with marijuana or other controlled substances.

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 Posted on February 03, 2025 in Driving Under the Influence

Driving under the influence (DUI) under Maryland’s Transportation article 21-902(a) is a criminal offense that carries serious consequences in Maryland, including up to a $1000 fine and 1 year incarceration. DUI as operating a vehicle while impaired by alcohol or drugs and is a clear crime in Maryland. Driving while fatigued or tired is not a crime (even if it is a poor decision and could put lives at risk).

The Overlap of Symptoms: Fatigue vs. Intoxication

One of the most troubling aspects of DUI cases is the overlap between the symptoms of intoxication and those caused by fatigue. Both conditions can lead to behaviors such as swerving, poor coordination, lethargy, and slow speech.  Many times law enforcement officers often fail to distinguish between a driver who is impaired by alcohol and one who is simply tired. This ambiguity can lead to falsely charged DUI cases.

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 Posted on January 28, 2025 in Driving Under the Influence

As we navigate through the beginning of 2025, notable holidays such as Thanksgiving, Christmas, New Year’s, and the approaching St. Patrick’s Day mean that law enforcement is particularly vigilant on our roadways. These celebrations typically result in an increased police presence aimed at detecting and apprehending impaired drivers.

But what happens if you find yourself arrested and charged with DUI despite having a pre-existing medical condition?

What if the alcohol you consumed wasn’t the actual cause of your impairment? And what if you weren’t impaired at all, but rather experienced a reaction to medication or felt exhausted after a long day at work?

You are not alone: officers conducting DUI arrests often assume impairment is solely due to alcohol, even when medical issues might contribute to your symptoms. This false assumption could form the basis of a potential defense against your DUI charge.

Every year, countless drivers are arrested for DUI and DWI, often without thorough consideration of their medical conditions that could affect the outcome of their cases. Unfortunately, some lawyers overlook these medical factors, which may either mitigate or completely refute a DUI charge. In my recent experience, nearly every case I have handled in the last six months—whether resulting in dismissals, acquittals, or significantly reduced charges—involved the presentation of compelling medical evidence in my client’s favor. Many cases featured individuals whose medical conditions influenced law enforcement’s roadside assessments, leading to wrongful arrests.

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 Posted on January 27, 2025 in Federal Crimes & White Collar Crimes

In October 2022, Silverman Thompson’s client—an Ivy League-educated attorney and mother of two working in a career position with the federal government—was arrested and charged in federal court with cyberstalking. In January 2025, the Government dismissed the case.

While the criminal complaint comprised more than 100 pages, it was primarily focused on the alleged conduct of her then-boyfriend.  The complaint alleged that our client conspired to harass and, ultimately, concoct a scheme to have his ex-wife falsely arrested using a fraudulent extortion letter, spoofed emails, and other sophisticated means. But, while our client’s co-defendant was quickly indicted, attorneys Andrew White, Eric Bacaj, and Patrick Seidel convinced the U.S. Attorney’s Office not to indict their client and began the months-long process of clearing their client’s name.

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 Posted on January 22, 2025 in Victim's Rights

Can I Sue to Stop Internet Harassment? Like all things in the law, the answer is "maybe."

Criminal charges (visit part 1 of this series) typically require what is called specific intent and it will require more than bad language or opinion posted about another person in a single instance.  And someone’s right to free expression is at play if the police become involved in the investigation or prosecution of the matter. But a broad variety of civil remedies are available to a private party.  Unfortunately, not all civil remedies fit every situation.

While criminal courts are designed to punish and deter conduct, civil courts are designed to remedy harms that violate social norms and can award money or other non-monetary damages like obtaining a court order to prevent or deter certain conduct in the future.

Civil courts use lower standards of proof, like a preponderance of the evidence, or more likely than not that something occurred (which is far lower than beyond a reasonable doubt).

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 Posted on January 22, 2025 in Victim's Rights

In the last few years, explosive growth of social media caused an explosion of internet harassment.  Whether it is internet harassment of a person or a business, the growth of cyber-bullying, revenge porn, or just plain false information online has grown exponentially.  Changes in evolving technology have been far ahead of the law and its protections for people.

This blog explores victims of internet harassment’s legal options and explores legal shortcomings in the ever-evolving area of internet law.

Criminal Conduct and Protective Orders: Know Your Options

If You Are Being Harassed

First, every situation is different and nothing in this article is meant to substitute for good legal counsel.

The threshold question is this: Are you being physically threatened through telephone, text, email, or social media?

If the answer is YES, you should immediately call the police. If the answer is NO, your situation still needs to be examined more thoroughly.

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 Posted on January 15, 2025 in Case Results

Attorney: Creston Smith

Patapsco District Court

December 9-13

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 Posted on January 15, 2025 in Case Results

Attorney: Kurt Nachtman

Harford County District Court

December 2-6

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