Posted on August 15, 2009 in Divorce

In light of the Jon and Kate’s recent news and Kate Gosselin’s filing for a no-fault divorce, I have received many questions asking what is a “no-fault” divorce? Although the Gosselin’s divorce proceedings will be held in Pennsylvania, the law in Pennsylvania is similar to Maryland, in that a party filing for divorce may elect to proceed on fault (contested) or no-fault (uncontested) based grounds.

In Maryland, a no-fault (uncontested) divorce is based on the understanding that the marriage is irretrievably broken. Meaning, that the husband and wife mutually and voluntarily separated from one another, there is no hope or expectation of a reconciliation, and they are and have been living separate and apart without cohabitation for a period of at least one year. If the prior conditions are met, either spouse may file for a divorce once they have been separated for 365 consecutive days. If only one spouse believes that the marriage is irretrievably broken, that spouse may file for a no-fault (uncontested) divorce after the parties live separate and apart for 24 months.

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 Posted on August 14, 2009 in Family Law

As a practicing family law attorney in Maryland, I am often asked if Jack and Jill who have been living together for ten years now in the State of Maryland, but have never had a lawful marriage ceremony, are legally married under the doctrine of common law marriage? The answer is no, Maryland does not recognize common law marriages. Therefore, if Jack wanted to end his relationship with Jill, no legal action would be required on his part. Also, if Jill wanted to inherit from Jack, or participate in his health benefits, this may pose a problem as they are not married under the laws of the State of Maryland.

A common law marriage, by definition, is a marriage formed between two individuals who have lived together for a specified amount of time, rather than participating in a lawful ceremony. However, the parties must be of the legal age to be married, must mutually intend to take on the status of husband and wife, and must not only live together, but represent to the community that they are husband and wife.

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 Posted on August 11, 2009 in Personal Injury

Tragic and somewhat confusing news coming out of North Carolina today. The Baltimore Sun is reporting two separate vehicles, both driven by Maryland residents, were involved in a head-on collision on U.S. 17 in North Carolina.

Apparently Loriann Bobotek, 47, of the 4000 block of Hopi Court in Ellicott City was driving her Dodge Caravan south on U.S. 17 when she attempted to pass a slower moving vehicle. When she moved into the other lane of travel, her van slammed into a black Mitsubishi Montero operated by Christina Sonn, 35 of the 3000 block of Edwards Avenue in Parkville, Maryland. Both drivers shortly after the collision.

Seven total passengers in Bobotek’s van and the Montero were taken to an area hospital in Greenville, N.C. and five have since been released.

The facts of this accident bring to light a legal dilemma victims and family’s of victims face when confronted with an out-of-state accident. Do you retain a lawyer where the accident occurred or where you live? The question is complex, but the simple answer is where you live. Using this case as an example, an experienced Maryland personal injury lawyer should be able to do everything a North Carolina injury attorney can do, and more.

For more information on the question of where to hire a lawyer in multi-venue cases, please contact us for a complimentary consultation.

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 Posted on August 11, 2009 in Family Law

On June 3, 2009, in the case of Barrett v. Ayres, the Maryland Court of Special Appeals found that Sharon Barrett did not need to show a material change in circumstances in order to modify the current set visitation schedule between her daughter and her daughter’s paternal grandparents, Bryan and Helen Ayres. Sharon Barrett had agreed to a visitation schedule between her daughter and the Ayres after her husband was seriously injured in a car accident in 2004. However, the relationship had become strained and Sharon believed that it was no longer in her daughter’s best interest to visit with her grandparents. The Court stated a parent’s decision that their child’s visitation with a third party should be modified is a material change in and of itself. The burden then shifts to the third party to establish that the parent is unfit or other exceptional circumstances exist. In this case the grandparents now have the burden to prove the parents are unfit or exceptional circumstances exist.

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 Posted on August 11, 2009 in Federal Crimes & White Collar Crimes

I recently wrote a blog about the recent and dramatic change in the federal DOJ policy regarding the disparity between federal sentencing guidelines for crack and powder cocaine. https://www.marylandcriminalattorneyblog.com/2009/06/the_disparity_between_federal.html On May 1, 2009, the United States Department of Justice (DOJ) released a Memorandum to all U.S. Attorney’s Offices instructing all federal prosecutors to inform sentencing courts “that the Administration believes Congress and the Commission should eliminate the crack/powder disparity . . .” and that prosecutors should not object to variances in sentencing to achieve that result.

The new DOJ memorandum gives federal criminal defense lawyers a powerful new tool to fight the draconian sentences that clients have faced for federal crack cocaine offenses.

Most recently, I convinced a federal judge in Maryland that the new DOJ Memo not only reduced the sentencing “regular” 2D1.1 guidelines for crack cocaine offenses, but it also reduced the Career Offender Guidelines under section 4B1.1. I argued that the DOJ Memo applied across the board to all disparity between crack and powder cocaine. Because my client was charged with conspiracy to distribute more than 50 grams of crack, the maximum possible punishment for the offense was life under 18 U.S.C. §841(b)(1)(A). The maximum possible penalty, however, for a similar offense involving powder cocaine was only 20 years under §841(b)(1)(C). This difference caused the career offender guidelines to drop from level 37, to level 32 because the career offender guidelines are keyed directly to maximum possible sentence for the charged offense.

In my recent case, the client was facing – after acceptance of responsibility – a sentencing guideline range of 262-327 months. Because the Judge agreed with my argument regarding the applicability of the DOJ Memo, he reduced the guidelines by five levels, to a range of 151-188 months – an immediate reduction of almost 12 years incarceration!

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 Posted on August 09, 2009 in Personal Injury

On Tuesday August 4, 2009, a wonderful man named John "Jack" Yates (age 67) was killed, while safely operating his bicycle, by a hit and run driver at the corner of Maryland Avenue and Lafayette Avenue in Baltimore City, Maryland. The hit and run driver was operating a nondescript white box truck.

Jack Yates was a loving grandfather, father and husband. He spent his entire professional life helping troubled youth in Baltimore City. He deserves better. If anyone has information as to the identity of the truck and driver, please contact the Baltimore City Police or send a confidential email to ssilverman@silvermanthompson.com. Thanks, Steve Silverman

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 Posted on August 05, 2009 in Criminal Defense

Baltimore Maryland Criminal Lawyer. I blogged last week about cases in which narcotics detectives essentially manufacture felony drug cases by asking defendants caught with prescription drugs if they intended to give or share the pills with someone else and if they answered in the affirmative, charging them with possession with the intent to distribute a controlled dangerous substance (CDS). In that blog I posited the question, "are the police really looking to make progress in the war on drugs or just stat to further their own careers?" I was retained in case recently that caused me again to think the detective’s goal may be the latter.

In this case the police arrested an individual for possessing illegal prescription drugs. Instead of just charging the individual and moving on to the next case they chose to make him an informant and offer him the opportunity to "work off his charge". I certainly don’t have a problem with what the police did up to this point. Informants are an essential investigative tool that have been used by law enforcement since the beginning of time. The problem I have is the way in which they used this informant which was to get him to set someone up who was otherwise not predisposed to sell drugs.

This individual called my client whom he has known for many years. He knows that my client has very serious medical problems to include having suffered a serious spinal injury that rendered him paralyzed for a few months and has led to multiple surgeries and fusions of vertebrae. He cannot walk without the use of a walker or crutches and has been deemed totally disabled by Social Security. The informant knows that my client is in chronic pain and is prescribed numerous pain killers to help him combat the pain from this injury as well as his other ailments.

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 Posted on August 04, 2009 in Personal Injury

The Baltimore Sun is reporting that a cyclist was struck by a motor vehicle and killed in downtown Baltimore today. The accident occurred on the corner of Maryland and Lafayette avenues. It is unclear whether the cyclist was wearing a helmet.

Our firms personal injury department has successfully handled several accidents involving bicycles and automobiles. Interestingly enough, the rules of the road apply the same to cyclist as they do to automobiles. For more information, please contact us for a consultation.

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 Posted on August 03, 2009 in Medical Malpractice

The Maryland Court of Appeals has issued a new decision on the law of informed consent in Maryland medical malpractice cases. According to the court, doctors must inform patients not only of the risks of procedures but also the potential consequences of forgoing a medical procedure. The decision is a victory for patient’s rights.

A number of years ago, the Maryland Court of Appeals held that informed consent only applied when there was some physical contact with the patient. The Court’s new decision, however, removed that limitation.

As an experienced Baltimore, Maryland medical malpractice lawyer, I have handled a large number of informed consent cases. In any medical malpractice case, it is always important for a lawyer to ask whether the patient was properly informed of risks, alternatives, probabilities of success and failure and other considerations that bear on what was important to the patient. To see some of the cases I have handled, click here.

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 Posted on August 03, 2009 in Medical Malpractice

A Montgomery County jury has awarded $1.85 million to the parents of a baby who died three days after delivery from complications of internal bleeding caused by the method of delivery. The women arrived at Frederick Memorial Hospital for a scheduled, induced labor 41 weeks into her pregnancy. She pushed for three hours early the next morning, but the baby’s head was too large to pass through her pelvis, a condition known as cephalopelvic disproportion. The baby could have been safely delivered by c-section, but the obstetrician twice tried to forcibly pull the baby through the birth canal using a vacuum extractor. This injured the baby and caused his death.

As an experienced Baltimore, Maryland medical malpractice lawyer, I frequently handle medical malpractice cases in Baltimore, Maryland and other places involving obstetrical mistakes. To see some of the cases I have handled, click here . In fact, I handled one of the first cases in Maryland to successfully argue that it was malpractice to use a vacuum extractor on a premature infant.

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