Warnken, LLC Attorneys at Law, Attorneys & Lawyers, Pikesville, MD

Archives : Criminal Law

The Elements of the Offenses in the Charges Against the Officers in Freddie Gray’s Death

Second degree depraved heart murder is killing a person when exercising an extreme disregard for human life, also known as a wanton and willful disregard for human life.  (30-year felony) Involuntary manslaughter is killing a person when exercising a wanton and reckless disregard for human life.  (10-year felony) Second degree assault is causing offense contact […]

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Raynor v. Maryland – An Update and the Cert Petition

The cert petition in Raynor v. Maryland was filed yesterday. The question presented is: “Whether the Fourth Amendment is implicated when law enforcement surreptitiously analyzes a free citizen’s involuntarily shed DNA profile.” The Raynor v. Maryland Cert Petition can be found and downloaded here.  

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Published Opinion Win in Fourth Circuit

This past week saw a Warnken, LLC win in the Fourth Circuit.  The opinion can be found here. The appeal came from a criminal case out of the United States District Court in Greenbelt.  The opinion was unanimous. The win came in the first argument before the Court for Byron B. Warnken.

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Serial: Reflections on the Case and Cristina Gutierrez from her Old Professor

Episode 10 of Serial references a conversation with me. Ron Whitman is presented as the father of another client of attorney Cristina (“Tina”) Gutierrez. According to the podcast, Tina was working on his case at the same time she was working on Adnan’s case. Gutierrez alleged to have brought me in on the case. Whitman […]

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Reasonable Expectation of Privacy and DNA

“The Majority’s holding means that a person can no longer vote, participate in a jury, or obtain a driver’s license, without opening up his genetic material for state collection and codification. Unlike DNA left in the park or a restaurant, these are all instances where the person has identified himself to the government authority. All […]

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Fourth Circuit Briefs

Our office just finished a month worth of work on a Fourth Circuit appeal relating to federal sentencing.  As fast as our workers’ compensation practice and our law enforcement practice are growing, we still handle a fair amount of appellate work.  Issues in this particular case related to the sentencing guidelines, breach of a plea […]

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Raynor v. State – Court of Appeals

The Raynor argument is today, April 8. Issues – Criminal Law (1) Whether, under the Fourth Amendment & Art. 26 of the Md. Declaration of Rights, a citizen maintains an objectively reasonable expectation of privacy in the DNA found in genetic material involuntarily and knowingly deposited through ordinary biological processes? (2) Whether, under the Fourth […]

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Did Ray Rice Commit a Crime?

UPDATE on 9/8/14:  Obviously Ray Rice committed a crime.  Not only is the evidence out there, but he has actually pleaded guilty to the offense.  As of 40 minutes ago, he is no longer a Raven.  As of 15 minutes ago, he is indefinitely suspended from NFL football.   The league really screwed this up. […]

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Will I Get Deported?

If I am not a United States citizen, but I am lawfully in the United States, and I am arrested for a crime, charged with a crime, plead guilty to a crime, or convicted of a crime, can I be deported?  It’s a question we get asked.  It’s a question we wish we were asked more because the […]

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My Loved One Has Just Been Arrested. What Happens Now?

The Court Commissioner If the police arrest your loved one, that sets the criminal justice system into motion.  In Maryland, if the police make an arrest, they take the arrested person before a District Court commissioner within 24 hours.  The proceeding before the commissioner is called an initial appearance.  A court commissioner is a judicial […]

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