<?xml version="1.0" encoding="UTF-8"?>
<rss version="2.0"
	xmlns:content="http://purl.org/rss/1.0/modules/content/"
	xmlns:wfw="http://wellformedweb.org/CommentAPI/"
	xmlns:dc="http://purl.org/dc/elements/1.1/"
	xmlns:atom="http://www.w3.org/2005/Atom"
	xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
	xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
	>

<channel>
	<title>marylandtriallawyer.netCriminal Law | marylandtriallawyer.net</title>
	<atom:link href="http://marylandtriallawyer.net/category/httpwwwmarylandtriallawyernetcriminal-law/feed/" rel="self" type="application/rss+xml" />
	<link>http://marylandtriallawyer.net</link>
	<description>Maryland criminal defense and entertainment services</description>
	<lastBuildDate>Sun, 29 Jan 2012 01:00:59 +0000</lastBuildDate>
	<language>en</language>
	<sy:updatePeriod>hourly</sy:updatePeriod>
	<sy:updateFrequency>1</sy:updateFrequency>
	<generator>http://wordpress.org/?v=3.3.1</generator>
		<item>
		<title>Depositions Gone Awry</title>
		<link>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetcriminal-law/auto-draft-2/</link>
		<comments>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetcriminal-law/auto-draft-2/#comments</comments>
		<pubDate>Fri, 12 Aug 2011 03:24:12 +0000</pubDate>
		<dc:creator>Constance Camus</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Humor]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Litigation]]></category>
		<category><![CDATA[Society]]></category>
		<category><![CDATA[Videos]]></category>
		<category><![CDATA[Depositions]]></category>
		<category><![CDATA[Lawyers]]></category>

		<guid isPermaLink="false">http://marylandtriallawyer.net/?p=2182</guid>
		<description><![CDATA[Funny depositions
Related posts:<ol>
<li><a href='http://marylandtriallawyer.net/law/carol-burnett-as-court-clerk/' rel='bookmark' title='Carol Burnett as Court Clerk &#8211; Hilarious Video'>Carol Burnett as Court Clerk &#8211; Hilarious Video</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/divorce/whos-on-first-coen-brothers-courtroom/' rel='bookmark' title='Who&#8217;s on First?  A Coen Brothers Courtroom'>Who&#8217;s on First?  A Coen Brothers Courtroom</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/2279/' rel='bookmark' title='JK Wedding Entrance (and Exit Divorce) Dance Viral Videos'>JK Wedding Entrance (and Exit Divorce) Dance Viral Videos</a></li>
</ol>]]></description>
			<content:encoded><![CDATA[<p>This video is from the National Court Reporter&#8217;s Inc. site.</p>
<object style="height: 390px; width: 480px">
		<param name="movie" value="http://www.youtube.com/v/LuZpFV8OceA?version=3&fs=1&autohide=1&modestbranding=1&theme=light"></param>
		<param name="allowFullScreen" value="true"></param>
		<param name="allowScriptAccess" value="always"></param>
		<embed src="http://www.youtube.com/v/LuZpFV8OceA?version=3&fs=1&autohide=1&modestbranding=1&theme=light" type="application/x-shockwave-flash"	allowfullscreen="true" 
		allowScriptAccess="always" width="480" height="390"></embed>
		</object>
<p>Related posts:<ol>
<li><a href='http://marylandtriallawyer.net/law/carol-burnett-as-court-clerk/' rel='bookmark' title='Carol Burnett as Court Clerk &#8211; Hilarious Video'>Carol Burnett as Court Clerk &#8211; Hilarious Video</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/divorce/whos-on-first-coen-brothers-courtroom/' rel='bookmark' title='Who&#8217;s on First?  A Coen Brothers Courtroom'>Who&#8217;s on First?  A Coen Brothers Courtroom</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/2279/' rel='bookmark' title='JK Wedding Entrance (and Exit Divorce) Dance Viral Videos'>JK Wedding Entrance (and Exit Divorce) Dance Viral Videos</a></li>
</ol></p>]]></content:encoded>
			<wfw:commentRss>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetcriminal-law/auto-draft-2/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>The Battered Woman&#8217;s Defense</title>
		<link>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/battered-womans-defense/</link>
		<comments>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/battered-womans-defense/#comments</comments>
		<pubDate>Thu, 11 Aug 2011 22:05:35 +0000</pubDate>
		<dc:creator>Constance Camus</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Domestic Violence]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Humor]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Love]]></category>
		<category><![CDATA[Society]]></category>
		<category><![CDATA[Videos]]></category>
		<category><![CDATA[Violence and Abuse]]></category>
		<category><![CDATA[battered women]]></category>
		<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Divorce lawyer]]></category>
		<category><![CDATA[Domestic Abue]]></category>
		<category><![CDATA[domestic abuse]]></category>
		<category><![CDATA[donestic abuse]]></category>
		<category><![CDATA[Grounds for Divorce]]></category>
		<category><![CDATA[intimate partner violence]]></category>
		<category><![CDATA[Spousal Abuse]]></category>
		<category><![CDATA[Video]]></category>

		<guid isPermaLink="false">http://marylandtriallawyer.net/?p=1140</guid>
		<description><![CDATA[Disclaimer:  Do Not Try This at Home. The great jazz singer Dinah Washington sings &#8220;Send Me to the Electric Chair&#8221; from her Bessie Smith album c.1958 Dinah Washington And by the Dixie Chicks, Goodbye Earl: Related posts: Are Divorce Cakes a Half Baked Idea? JK Wedding Entrance (and Exit Divorce) Dance Viral Videos Slavery is...
Related posts:<ol>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/divorce-cakes-half-baked-idea/' rel='bookmark' title='Are Divorce Cakes a Half Baked Idea?'>Are Divorce Cakes a Half Baked Idea?</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/2279/' rel='bookmark' title='JK Wedding Entrance (and Exit Divorce) Dance Viral Videos'>JK Wedding Entrance (and Exit Divorce) Dance Viral Videos</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/slavery-is-over-ladies-he-does-not-own-you/' rel='bookmark' title='Slavery is Over Ladies, He Does Not Own You &#8230;'>Slavery is Over Ladies, He Does Not Own You &#8230;</a></li>
</ol>]]></description>
			<content:encoded><![CDATA[<h1>Disclaimer:  Do Not Try This at Home.</h1>
<p style="text-align: left;">The great jazz singer Dinah Washington sings &#8220;Send Me to the Electric Chair&#8221; from her Bessie Smith album<br />
c.1958</p>
<p style="text-align: center;"><object width="425" height="350" classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="play" value="false" /><param name="loop" value="false" /><param name="quality" value="best" /><param name="src" value="http://www.youtube.com/v/_iMXs9ELfcs" /><embed width="425" height="350" type="application/x-shockwave-flash" src="http://www.youtube.com/v/_iMXs9ELfcs" play="false" loop="false" quality="best" /></object></p>
<p style="text-align: center;">Dinah Washington</p>
<p style="text-align: left;">And by the Dixie Chicks, Goodbye Earl:</p>
<p style="text-align: center;"><object width="425" height="350" classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="play" value="false" /><param name="loop" value="false" /><param name="quality" value="best" /><param name="src" value="http://www.youtube.com/v/LRdrBCamno0" /><embed width="425" height="350" type="application/x-shockwave-flash" src="http://www.youtube.com/v/LRdrBCamno0" play="false" loop="false" quality="best" /></object></p>
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fmarylandtriallawyer.net%2Fhttpwwwmarylandtriallawyernetfamilylaw%2Fbattered-womans-defense%2F&amp;title=The%20Battered%20Woman%26%238217%3Bs%20Defense" id="wpa2a_2"><img src="http://marylandtriallawyer.net/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="share save 171 16 The Battered Womans Defense"  title="The Battered Womans Defense" /></a></p><p>Related posts:<ol>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/divorce-cakes-half-baked-idea/' rel='bookmark' title='Are Divorce Cakes a Half Baked Idea?'>Are Divorce Cakes a Half Baked Idea?</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/2279/' rel='bookmark' title='JK Wedding Entrance (and Exit Divorce) Dance Viral Videos'>JK Wedding Entrance (and Exit Divorce) Dance Viral Videos</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/slavery-is-over-ladies-he-does-not-own-you/' rel='bookmark' title='Slavery is Over Ladies, He Does Not Own You &#8230;'>Slavery is Over Ladies, He Does Not Own You &#8230;</a></li>
</ol></p>]]></content:encoded>
			<wfw:commentRss>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/battered-womans-defense/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
		<item>
		<title>Slavery is Over Ladies, He Does Not Own You &#8230;</title>
		<link>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/slavery-is-over-ladies-he-does-not-own-you/</link>
		<comments>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/slavery-is-over-ladies-he-does-not-own-you/#comments</comments>
		<pubDate>Fri, 18 Sep 2009 07:13:11 +0000</pubDate>
		<dc:creator>Constance Camus</dc:creator>
				<category><![CDATA[Children]]></category>
		<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Custody]]></category>
		<category><![CDATA[Divorce]]></category>
		<category><![CDATA[Domestic Violence]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Heroes]]></category>
		<category><![CDATA[Personality Disorders]]></category>
		<category><![CDATA[Society]]></category>
		<category><![CDATA[Videos]]></category>
		<category><![CDATA[Violence and Abuse]]></category>
		<category><![CDATA[Abuse]]></category>
		<category><![CDATA[hope]]></category>
		<category><![CDATA[Motivation for Violence]]></category>
		<category><![CDATA[Portrait of a Batterer]]></category>
		<category><![CDATA[Spousal]]></category>
		<category><![CDATA[Spousal Abuse]]></category>

		<guid isPermaLink="false">http://marylandtriallawyer.net/?p=329</guid>
		<description><![CDATA[Men that hit women, children and animals (i.e. smaller living beings) do it for POWER and CONTROL.  The power and control gains him ownership.  Then the genius sets about to destroy that which he owns.
Related posts:<ol>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/knock-knock-father-im-forgetting-who/' rel='bookmark' title='Knock Knock, Father &#8230; I’m forgetting who you are'>Knock Knock, Father &#8230; I’m forgetting who you are</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/dont-get-help-domestic-violence-is-not-in-the-budget/' rel='bookmark' title='Don&#8217;t Get Help, Domestic Violence is Not in the Budget'>Don&#8217;t Get Help, Domestic Violence is Not in the Budget</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/battered-womans-defense/' rel='bookmark' title='The Battered Woman&#8217;s Defense'>The Battered Woman&#8217;s Defense</a></li>
</ol>]]></description>
			<content:encoded><![CDATA[<p style="text-align: center;"><p><a href="http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/slavery-is-over-ladies-he-does-not-own-you/">http://marylandtriallawyer.net/rss/feed</a></p></p>
<p><span class="Apple-style-span" style="font-family: helvetica; font-size: small;">It is very difficult to wrap your brain around the warped reality of abusers.  Quite frankly one wonders why they insist on creating such constant drama.  It must be exhausting.  For pity&#8217;s sake, go lay in a hammock and chill.  Read a book.  Aren&#8217;t there better things to do than to live in a bad B movie day after day?</span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">Their motivation is quite simple.  And primitive.  Can you say arrested development?  Never understood why that was not a jailable offense.  Oh wait, &#8211; in their case,  it is&#8230; </span><span style="font-size: small;">But I digress. </span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">Despite the muddied waters created by federally sponsored psychological and sociological research, strident (and oh so tired) feminist theories, the hue and cry from organizations founded by men crying persecution -<em> <strong>men that hit women, children and animals (i.e. smaller living beings) do it for POWER and CONTROL.</strong>  </em>The power and control gains him ownership.  Then the genius sets about to destroy that which he owns.  Does that make any sense?</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">Boys, you are merely sad cartoon characters. And l</span></span><span style="font-family: helvetica;"><span style="font-size: small;">adies, no one </span><span style="font-size: small;">that displays<em> any </em>of the traits listed below, is worthy of </span><span style="font-size: small;">the benefit of the doubt.  Those of you reading this &#8211; caught in his web of lunacy and cycle of violence &#8211; <em>have got to run like hell.</em> Today. The only place he belongs is in your rear view mirror or in jail. </span></span> <span style="font-family: helvetica;"><span style="font-size: small;">There are people just waiting to see you through.  You just have to make the call.  Call me, call anyone, call 911, call a taxi &#8211; just get out the house.   We will find a way.  </span></span><span style="font-family: helvetica;"><span style="font-size: small;">Do you really want to waste one more day cowering in the darkness?  <em>He doesn&#8217;t own you. </em>He certainly does not love you.  Get the money, the children, the pets, the paperwork, take the better car&#8230;and step.  One day, very soon, you are going to look back and think &#8220;what the hell was I thinking?  That man was crazy as hell&#8230;&#8221;</span></span></p>
<h2><span style="font-family: helvetica;"><span style="font-size: larger;">The List:</span></span></h2>
<p><span style="font-family: helvetica;"><span style="font-size: small;">1.  Heavy drinking or drug abuse, especially if the substances are his excuse: &#8220;The alcohol made me do it.&#8221;  Yeah, and the devil too.</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">2.  Abuse during the courtship period is a guarantee of further abuse.  It will grow in frequency and severity.  <em>He will wear you down. </em> That is not love &#8211; love builds you up, it does not tear you down.  Do not, repeat, do not marry him thinking you can change him.  You won&#8217;t.  You can&#8217;t change people.  C&#8217;mon, that is basic common sense 101.</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">3.  Morbid jealousy. What appears to be flattering attention initially, molds into an obsessive, unrelenting curse all too soon.  You will never convince him of your innocence for the imagined transgressions you have committed.</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">4. Past child abuse and/or witness to marital violence.  Children learn what they live. Boys tend to emulate their fathers.  Abused children discipline their own children as they were taught. He may be a &#8220;violence carrier.&#8221;  <em>You</em> can&#8217;t fix him.  Leave it to the professionals.  Or God &#8211; just not you.</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">5. Inability to handle frustration.  If he blows up like a two year old, explodes at the least little thing, and throws tantrums over minor things, he will likely act out his frustration with violence in a marriage.  The way he handles his anger is a key indicator.</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">6.  A violent temper. This speaks for itself.  If you feel fear when he gets angry, that is a warning signal.  Listen to the voices in your head and in your heart.  See the red flashing lights of alarm all around you.  Denial is a dead end street.</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">7. Cruelty to animals in any degree, abuse and mistreatment to your pets, enjoyment of the killing of hunted animals merely for the sake of killing.  What make you think he will treat you or your children any differently?</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">8.  Preoccupation with weapons. They are an extension of self.  If he ever &#8220;playfully&#8221; points a gun at you or other any weapon, imagine him angry and armed. </span><span style="font-size: small;">Get out!</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">9. Mental illness. A person of unsound mind, no sense of moral responsibility or guilt, will find it difficult to control his actions.  Does he act in ways that you feel are abnormal or strange?</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">10. Poor self-image and insecurity about his own masculinity.  If he compulsively needs to dominate and/or monitor conversations, schedules, visitors, must always have the upper hand -  you will, sooner than later, be the subject of his control.  He will consider you his possession.  Remember POWER and CONTROL.  <em>He truly believes he has the right to treat you as his property, to do with as he pleases. </em> (See any definition for sociopath.)</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">11. Nothing is ever his fault.  Ever.  His problems are everyone else&#8217;s fault, starting with his wife or girlfriend.  It is a never ending pattern.  Because he will neither acknowledge his faults nor take responsibility when things go wrong, you, the children and the dog will be held responsible.</span></span></p>
<p><span style="font-family: helvetica;"><span style="font-size: small;">12.  Violence to him is normal.  It is how he solves problems.  When you were a little girl dreaming of your future husband &#8211; is this what you had in mind? </span></span></p>
<p style="text-align: left;"><span style="font-family: helvetica;"><span style="font-size: small;">13.  Isolating his wife from family and friends, monitoring and unplugging her phone, </span></span><span style="font-size: small;"><span style="font-family: helvetica;">criticizing her friends and family, taking the keys, clocking her time out of the house&#8230;and then staying out as he pleases with nary an explanation.</span> </span></p>
<p style="text-align: center;"><span style="font-size: small;"><object width="425" height="350" classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="play" value="false" /><param name="loop" value="false" /><param name="quality" value="high" /><param name="src" value="http://www.youtube.com/v/sslFmCepE_0" /><embed width="425" height="350" type="application/x-shockwave-flash" src="http://www.youtube.com/v/sslFmCepE_0" play="false" loop="false" quality="high" /></object> </span></p>
<hr />
<h2><span style="font-family: helvetica;"><span style="font-size: larger;">The Why Factor</span></span></h2>
<p><span style="font-family: helvetica;"><span style="font-size: small;">After combing through mountains of research, reports, posts, studies, evaluations, and anything else I could get my hands on to explain how a batterer&#8217;s brain works &#8211; I found Brian Nichols. He is the </span><span style="font-size: small;">Public Policy Team Manager</span> for <span style="font-size: small;">the wonderful group </span><a title="Men Stopping Violence, Inc." href="http://www.menstoppingviolence.org/" target="_blank"><span style="font-size: small;"><em>Men Stopping Violence Inc.</em></span></a><span style="font-size: small;">, </span><span style="font-size: small;">from Atlanta, Georgia.  I hope to interview him soon because their program is having great success with respect to batterer intervention and rehabilitation. </span></span> <span style="font-family: helvetica;"><span style="font-size: small;">His article &#8211; </span><a href="http://www.menstoppingviolence.org/articles/whymenbatter.html" target="_blank"><em>Why Do Men Batter?</em></a><span style="font-size: small;"><em>- </em>cuts through the many dissenting, disparate, often angry, voices that espouse their varied and inopposite opinions and theories on this topic.  He brought the question of a batterer&#8217;s mot</span><span style="font-size: small;">ivation in for a clear landing. </span></span></p>
<blockquote><p><span style="font-family: helvetica;"><span style="font-size: small;">Battering is not an inability to express feelings or wants, but a method by which a man does so.  When a man hits or yells at a woman, that is a choice he makes. No person or circumstance can make a man attack his partner verbally or physically. There are circumstances which may increase the likelihood that a man will batter, but no circumstances make it inevitable that a man will make abusive choices. This means that explanations of battering which are interpersonal, such as communication issues or provocation, are inaccurate.</span></span> <span style="font-family: helvetica;">Men, rather than circumstances, are responsible for abusive choices. Thus, an accurate explanation of battering would account for the reasons men make the choice to batter rather than an outside force that causes them to batter. In short, men batter to gain power and control over another person. This explanation is profound in that it frames individual acts of violence within a pattern of behavior. The explanation of power and control has become, however, something of a cliché, and its larger implications are overlooked. One often overlooked implication is that battering is purposeful. Men choose behavior in a systematic way in order to gain power and control. There is a function to a man&#8217;s battering. That is, men batter in the short term to get a woman to do what he wants or to stop her from doing something.</span> <span style="font-family: helvetica;">When a man yells at a woman, criticizing her, he knows what effect his behavior will have on her. In the short term, his yelling will cause fear and pain, <em>and in the longer term he will destroy her personhood so that he can have power and control over her. Men who batter know and choose the effects of battering.</em> This is disturbing because it leaves us with the question, why do men want power and control?</span></p></blockquote>
<hr />
<p><span style="font-family: helvetica;"><span style="font-size: small;">This article is written to the women in abusive relationships that need immediate encouragement<em> to take that first step out of the house.</em> Those in life threatening situations. </span>Those that are petrified.</span> <span style="font-family: helvetica;"><span style="font-size: small;">It is only after all parties are safe and cooler (and saner) heads prevail, that we can address the remedies, rehabilitation and healing necessary for all parties.</span><span style="font-size: small;"><a title="Men Stopping Violence, Inc." href="http://www.menstoppingviolence.org/">Men Stopping Violence, Inc.</a> demonstrates there is hope </span>for drastic change for all concerned.  I truly believe that and shall present more on the topic very shortly.</span> <em><span style="font-family: helvetica;">My deepest thanks to Bette Midler, Goldie Hawn, Diane Keaton, Martina McBride.  God Bless you all for keeping it real.</span> </em></p>
<p>Related posts:<ol>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/knock-knock-father-im-forgetting-who/' rel='bookmark' title='Knock Knock, Father &#8230; I’m forgetting who you are'>Knock Knock, Father &#8230; I’m forgetting who you are</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/dont-get-help-domestic-violence-is-not-in-the-budget/' rel='bookmark' title='Don&#8217;t Get Help, Domestic Violence is Not in the Budget'>Don&#8217;t Get Help, Domestic Violence is Not in the Budget</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/battered-womans-defense/' rel='bookmark' title='The Battered Woman&#8217;s Defense'>The Battered Woman&#8217;s Defense</a></li>
</ol></p>]]></content:encoded>
			<wfw:commentRss>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/slavery-is-over-ladies-he-does-not-own-you/feed/</wfw:commentRss>
		<slash:comments>2</slash:comments>
		</item>
		<item>
		<title>Don&#8217;t Get Help, Domestic Violence is Not in the Budget</title>
		<link>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/dont-get-help-domestic-violence-is-not-in-the-budget/</link>
		<comments>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/dont-get-help-domestic-violence-is-not-in-the-budget/#comments</comments>
		<pubDate>Thu, 11 Jun 2009 08:58:50 +0000</pubDate>
		<dc:creator>Constance Camus</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Domestic Violence]]></category>
		<category><![CDATA[Family Law]]></category>
		<category><![CDATA[Law]]></category>
		<category><![CDATA[Legal News]]></category>
		<category><![CDATA[Maryland]]></category>
		<category><![CDATA[Society]]></category>
		<category><![CDATA[Violence and Abuse]]></category>
		<category><![CDATA[Abuse]]></category>
		<category><![CDATA[Domestic Violence Lawyer]]></category>
		<category><![CDATA[Malicious Destruction]]></category>
		<category><![CDATA[Prince George's County]]></category>
		<category><![CDATA[Prince George's County Office of the State Attorney Office]]></category>
		<category><![CDATA[Protective Orders]]></category>

		<guid isPermaLink="false">http://marylandtriallawyer.net/?p=886</guid>
		<description><![CDATA[No Room at the Inn for a Domestic Violence Victim Received an email yesterday that still has me reeling.  It was no ordinary communication, the fear and desperation were palpable.  Annabelle (not her real name) had been abused physically and emotionally by her husband for many years.  In April, 2009, upon returning home from running...
Related posts:<ol>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/amazing-domestic-violence-ad/' rel='bookmark' title='Domestic Violence is Real'>Domestic Violence is Real</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/domestic-violence-billboards-idea-maryland-insurance-companies-sponsor/' rel='bookmark' title='Domestic Violence Billboards: Idea! &#8211; Maryland Insurance Companies Should Sponsor'>Domestic Violence Billboards: Idea! &#8211; Maryland Insurance Companies Should Sponsor</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/domestic-violence-facing-abuse/' rel='bookmark' title='Domestic Violence: Facing Abuse'>Domestic Violence: Facing Abuse</a></li>
</ol>]]></description>
			<content:encoded><![CDATA[<h2 style="text-align: justify;">No Room at the Inn for a Domestic Violence Victim</h2>
<p style="text-align: center;"><object classid="clsid:d27cdb6e-ae6d-11cf-96b8-444553540000" width="425" height="350" codebase="http://download.macromedia.com/pub/shockwave/cabs/flash/swflash.cab#version=6,0,40,0"><param name="name" value="Don't get Help for Domestic Violence" /><param name="src" value="http://www.youtube.com/v/qm2iuDlShcw" /><embed type="application/x-shockwave-flash" width="425" height="350" src="http://www.youtube.com/v/qm2iuDlShcw" name="Don't get Help for Domestic Violence"></embed></object>
</p>
<p style="text-align: left;">Received an email yesterday that still has me reeling.  It was no ordinary communication, the fear and desperation were palpable.  Annabelle (not her real name) had been abused physically and emotionally by her husband for many years.  In April, 2009, upon returning home from running errands, Annabelle’s husband started yet another of his endless, groundless tirades.  He was sure she was cheating on him.  His proof?  She left the apartment.  (She was at the grocery store.)</p>
<p style="text-align: left;">She decided then and there that she had finally had enough, and found the courage to ask him to leave.  The next day, while she was at work, he did leave.  But not before he destroyed their apartment and everything in it.   (Of course, he took his things and everything of value.)  Annabelle came home from work and found nothing left of her home but the walls.</p>
<p style="text-align: left;">Her husband smeared the walls and carpet with eye makeup, eggs and other food, cut and bleached every stitch of clothing she owned and left them in the overflowing bathtub.   He stopped up the sinks and left the water running (causing extensive damage to the apartments below), broke the headboard on the bed, sliced the mattress to shreds, cut all the appliance cords, tore the cable hookup out of the wall, broke off the key in the front door and climbed out the window — leaving a wake of destruction in his rear view mirror.  EVERYTHING WAS DESTROYED.  Even the irreplaceable recordings from her late father she so treasured.</p>
<p style="text-align: left;">When the police arrived, she was told that the last time they were called to such a destructive scene, the woman was dead in the closet with a bullet to the back of her head.   A few days later, her husband returned and finished the job by causing extensive damage to the engine of her car.   To round out his ruination, he called her place of employment in an attempt to get her fired.  And the beat goes on&#8230;</p>
<p style="text-align: left;">State Farm, who insured the contents of her apartment, put her in a hotel for two weeks.  They probably saved her life.  (In fact, she speaks very highly of her agent, who still calls her every day to check on her.)  When she returned, she set about restoring her home and her life.  It took her three weeks to haul the remnants of her belongings to the dumpster, to scrub the food and God knows what else from the walls and carpet.  At one point she could no longer endure the overwhelming stench and slept in her car for three days.</p>
<p>Here is some of what she wrote:</p>
<blockquote>
<p style="text-align: justify;">After that, I had no where else to stay.  I called the domestic violence hotline.  I was directed to two shelters.  I explained my situation to them.  They said that they were sorry but they were full due to the economy.  They said that there are many people that had lost their jobs and were  homeless.  They wished me the best of luck.</p>
<p style="text-align: justify;">Then I went to Social Services.  The man there looked at me and said that he felt very sorry for me.  He looked at the pictures of my destroyed apartment and said that it was very sad.  But, he said, because of my income (she makes $14 per hour) he could not help me even with food stamps because the law requires you to make less to get help and I make way over the amount.</p>
<p style="text-align: justify;">I did nothing but drop my head and cry.   <em>As I walked out the man said to me this should be a lesson to me that in life people make bad choices.</em> I just held my head down and walked out.  I sat in the car and cried because I said to myself I have called every one and they turned me away and all I did was come into this building to ask for food.  I felt so humiliated because I was very hungry.</p>
</blockquote>
<p style="text-align: left;">(Note: The apartment complex refused to move her into a new apartment and wants reimbursement for the damage done to her apartment and to the apartment below.   Upon their insistence, she has just recently moved to a small basement.)</p>
<p>Annabelle continued to make phone calls, reaching out for assistance.  She read on the internet about a new domestic violence center in Rockville. They turned her away because she lived in Prince George’s County.</p>
<p style="text-align: justify;">A local church would give her food&#8230;for  $69.</p>
<p style="text-align: justify;">She even wrote letters.  The one church that responded stated the relevant person was on vacation and they would pass her request for help along &#8211; in July!</p>
<p>Annabelle continued to go down the list of numbers she had been given and those she found on the internet.  One of numbers was for <a title="Catholic Charities" href="http://www.catholiccharities-md.org/" target="_blank">Catholic Charities</a>.</p>
<p style="text-align: left;">She was told that they don’t offer those kind of services.  Yet on their website, among the services offered &#8211; not one mile from Annabelle&#8217;s door &#8211; is the Food Share Program:</p>
<blockquote>
<p style="text-align: justify;">Participants may purchase $50 worth of nutritious food for only $18 and two hours of volunteer service. Packages are distributed monthly through a network of 350 churches and community organizations. Anyone may participate including clients and staff.</p>
</blockquote>
<p>Yet she was again rejected.  Annabelle was given the number to <a title="United Communities against Poverty" href="http://www.ucappgc.org/default.asptp://" target="_blank">UCAP &#8211; United Communities Against Poverty</a>, a non-profit organization, headquartered in Prince George&#8217;s County.   Gwendolyn Ferguson, the Interim President &amp; CEO in a recent letter to Donors and Constituents states:</p>
<blockquote>
<p style="text-align: justify;">In 2008, we worked diligently with customers facing foreclosure, those seeking emergency shelter, and individuals aspiring to become gainfully employed. Our programs have continued to serve the low to moderate income, those living in poverty and the homeless women and children seeking temporary shelter and a safe place as they work to rebuild their lives. UCAP has become a place where the citizens of Prince George&#8217;s County can find resources to help them with the challenges they face in these difficult economic times.</p>
</blockquote>
<p style="text-align: justify;">Among the available services UCAP offers is a Food Pantry.  Their website states:</p>
<blockquote>
<p style="text-align: justify;">The Food Pantry Housing Department at UCAP Food Pantry provides emergency food up to 4 days to Prince George’s County residents.  Assistance is available once a month.  The pantry is a host for the county SHARE Program, resident can obtain a full menu of groceries for $16.00.  During Thanksgiving the pantry provides holiday provisions for needy families.</p>
</blockquote>
<p style="text-align: justify;">Their slogan? <strong><em> To do nothing is not an option.</em></strong></p>
<p style="text-align: left;">Yet they did nothing and Annabelle was turned away from UCAP, because she did not qualify for any assistance.  They suggested that she call the Salvation Army.  <em>Annabelle was hungry.  That should have been qualification enough.</em></p>
<p>The <a title="Salvation Army" href="http://www.salarmydc.org/" target="_blank">Salvation Army</a> told Annabelle they could not help her at this time, citing the economy, and gave her the 800 number to another domestic violence hot line.  One of the services they offer to those in need is the Emergency Assistance Program:</p>
<blockquote>
<p style="text-align: justify;">The Emergency Assistance Program provides eligible Washington, DC residents with assistance for rent, food, utility bills, clothing, furniture, and transportation. This year, almost 150,000 people received help with these basic needs.</p>
</blockquote>
<p style="text-align: justify;">She said this about that:</p>
<blockquote>
<p style="text-align: justify;">I sat at work and cried.  I had been to every place known to man seeking help.  I was really scared.  The first thing that came to my mind was that President Obama just gave these organizations all this money and yet I am in a serious situation and no one will even give me food, not to mention help me with clothes.  At this point I got very angry and tired.</p>
</blockquote>
<p style="text-align: left;">Hunger was beginning to take its toll.  Add to this Greek tragedy, the obligatory unrelenting phone calls from her husband.  Afraid of raising his ire, she felt compelled to appease him and listen to the rants of this lunatic.  A bully without his punching bag.  What is he to do?  They don’t like it when their toys are taken away.</p>
<h3>The Criminal Charges</h3>
<p>Annabelle turned to the judicial system.  She went to the Commissioner’s Office to file criminal charges for, at the very least, malicious destruction.  She was turned away.   (It is a wonder she didn&#8217;t go postal at this point.)  The Commissioner said because they were married all property was shared.  In other words, he can destroy the marital home because he is “destroying his own property.”   She told him of the physical abuse, the last occurrence of which was February, 2009.  She told him that her husband calls her incessantly, despite her request that he leave her alone.  What about assault, battery, malicious use of the telephone, harassment?  Her facts all fit well within establishing probable cause of each of these statutes &#8211; certainly enough to file the charges.  Her story fell on deaf ears.</p>
<p style="text-align: left;">Annabelle went back two days later and another Commissioner filed charges for malicious destruction.  A no contact order was issued until the criminal trial was held.</p>
<div class="mceTemp" style="text-align: left;">
<dl id="attachment_893" class="wp-caption alignright" style="width: 296px;">
<dt class="wp-caption-dt"><img class="size-full wp-image-893" title="monkeys" src="http://marylandtriallawyer.net/wp-content/uploads/2009/06/monkeys.jpg" alt="monkeys Dont Get Help, Domestic Violence is Not in the Budget" width="286" height="218" /></dt>
<dd class="wp-caption-dd">See No Evil, Hear No Evil, Speak No Evil</dd>
</dl>
</div>
<p style="text-align: left;">Her husband continued to call every day, sometimes in the early morning hours.  When she reminded him of the no contact order, he said that no one will tell him he can’t talk to his wife.  Consistent with the personality of a narcissistic sociopath, he was all over the map.  He would range from calling her a whore to begging her to take him back.  Still, she felt that if she refused his calls, it would only anger him.  She remained vulnerable and alone in the empty apartment.</p>
<p style="text-align: left;">Annabelle had a lengthy meeting with a <a title="Prince George's County State's Attorney's office" href="http://www.co.pg.md.us/government/judicialbranch/statesattorney.asp" target="_blank">Prince George’s County Assistant State’s Attorney</a> (ASA) who was very encouraging about obtaining a conviction for the charges.  However, when the day of court arrived, another Assistant State’s Attorney was assigned the case.  She refused to go forward with the prosecution, citing the same interpretation of the malicious destruction law as the first Commissioner.  The charges were<em> nolle prosequi &#8211; </em>no prosecution.</p>
<p>This is Annabelle’s description of the criminal trial saga:</p>
<blockquote>
<p style="text-align: justify;">I went to court on time.  I took all my paper work and waited for court.  I saw my husband being taken out of the court room.  The judge went into recess.  I went to the bathroom, because I was upset.   I did not even see the State&#8217;s Attorney that I talked with.  I was told she was in another court room.  The next thing I know a lady came behind me and said they talked with my state’s attorney and stated they  are not going to go further with the case.  I was told that since my husband and I were married it is Maryland law that everything is joint &#8211; so basically he destroyed his own property.  I cried and told the woman that some of that property I had before I was married.  I told her that when my husband came to this country he had nothing but his clothes.  I told her: Mrs. you don’t know how I feel at this point.  This is why a lot of woman die each day because they beg for help and no one helps them.  This man took everything from me and all the justice system can tell me is sorry and send me on my way.  I went home and screamed at the top of my lungs.   I even asked God why this is happening to me?  I have done every thing,  called every number I have been given, spent countless hours on the net seeking help and no one will help me.</p>
</blockquote>
<p style="text-align: left;">As a point of law, there is nothing in the criminal statute or in Maryland case law which prohibits the State from arguing and applying the marital property standard for property.  In other words, if you brought it into the marriage or it was a gift solely to you &#8211; it is not joint (marital) property.  Perhaps the State was concerned with their conviction rate?  Is it too much to ask the ASA to think outside the box in applying the law?   Law is after all based on logic.  Or it is supposed to be.</p>
<h3>The Protective Orders</h3>
<p style="text-align: left;">On May 6, 2009, Annabelle went to the <a title="House of Ruth of Maryland" href="http://www.hruth.org/" target="_blank">House of Ruth</a> to seek legal assistance, having gotten their number from the Domestic Hotline.   She was interviewed by an attorney (a woman no less) who promised she would get back to her.  In her next breath, however, she said that she was very busy with cases and had no time to represent her.  She claimed they were underfunded and overwhelmed. WTH?  Maryland just got over $25 million dollars for fiscal year 2009 from the federal government completely dedicated to DOMESTIC VIOLENCE issues.  More about that later in a series of investigative articles.  From the House of Ruth&#8217;s website:</p>
<blockquote>
<p style="text-align: justify;">Offering comprehensive, far-reaching services for nearly three decades, The House Of Ruth Maryland never closes. We are always here for victims of domestic violence, their children, family, friends, workplaces, schools and our communities.  The House of Ruth Maryland boasts one of the nation’s largest domestic violence Legal Clinics.  The Clinic offers a variety of services including counseling, advocacy, and representation at no cost to victims of domestic violence.</p>
</blockquote>
<p style="text-align: left;">Annabelle was given yet another number to call.  Before leaving, she swallowed her pride and plead with the House of Ruth lawyer in an attempt to convey the very real danger she was in.  She was dismissed.  She went home, sat on the floor of her empty apartment and cried.  She did not know what to do.</p>
<p style="text-align: left;">The next day, she rallied.  Annabelle called <a title="Legal Aid of Maryland" href="http://www.mdlab.org/Services%20and%20Programs" target="_blank">Legal Aid</a> and spoke with one of their attorneys.  Once again, she was turned away, citing the economy and  her large caseload. To make matters worse, the attorney incorrectly told Annabelle that she was ineligible for a protective order because the last physical abuse was too remote, having occurred in February, 2009.  Well, even if that were true, which it is not &#8211; there is no specified time for the filing of a protective order under Maryland law &#8211; the malicious destruction and harassment would make Annabelle eligible.  What Annabelle heard was &#8211; sorry, kid, you have to wait till he hits you again.  Then, come on back and take a number.</p>
<p style="text-align: justify;">In the interim, Annabelle wrote to at least a dozen private attorneys, none of whom responded.</p>
<p style="text-align: justify;">Still determined, Annabelle filed and was granted an Interim Protective Order.  However, because the <a title="Prince George's County Sheriff's Office" href="http://www.co.pg.md.us/Government/JudicialBranch/Sheriff/index.asp" target="_blank">Prince George’s County Sheriff’s Office</a> did not act with their statutorily imposed due diligence, to immediately serve the abuser, the case was dismissed because the summons was not served within thirty days.  This despite Annabelle’s many trips to the Sheriff’s office supplying the exact location where he could be served in another county as well as his phone number.  The very phone number that appeared on her cell phone from her husband’s present location in his daily telephone harassment campaign.  The relevant statute is as follows:</p>
<blockquote>
<p style="text-align: justify;">Md. Code FL § 4-504.1(f) requires the law enforcement officer to serve the Petition and interim order on the respondent immediately upon receiving the documents. The officer likewise is required immediately to file a return of service with the commissioner Or, during normal court hours, with the District Court Clerk’s Office.</p>
</blockquote>
<p style="text-align: left;">If this case were not so tragic, it would be funny &#8211; a comedy of errors, as it were.  This woman was not seeking pity.  She needed legitimate help.  Over and over, domestic violence victims are encouraged to leave their abusers.  To what end?  Their own?  To then be abused and insulted by the government and the organizations accepting government funds to aid these domestic violence victims?</p>
<p style="text-align: left;">She was completely and utterly alone.  She had nothing — no bed, no underwear, no shoes.  Nothing.</p>
<p style="text-align: left;">Now, hope was gone.  Take a moment, put yourself in her <span style="text-decoration: line-through;">shoes</span> place.</p>
<h3 style="text-align: justify;">Girl Power</h3>
<p style="text-align: left;">After reading her email, we spoke on the phone last evening. We ran through all the legal, governmental, non-profit  and private resources for someone in her position.  After hanging up, I called the one person I<em> knew</em> that would drop everything to help &#8211; a stranger.  My mother.  Within one hour, (by this time it is close to 10:00 p.m.) I had received three phone calls from her friends and a movement was started.  One immediately called Annabelle and counseled her.  Another posted a plea on a web forum asking for clothes, food, furniture. They all hit their closets.  A prayer circle was started.  They all followed up today.  Meanwhile, Annabelle and I decided on a  a legal strategy.  Charles Kuralt was right when he said &#8220;[T]he everyday kindness of the back roads more than makes up for the acts of greed in the headlines.&#8221;</p>
<p style="text-align: left;">Annabelle slept last night for the first time in many, many days.  She was no longer alone. Today we received this email.</p>
<blockquote style="text-align: left;">
<p style="text-align: justify;">Good morning MM, Sue and Eileen.  I thank you and Connie for coming into my life.  I have been going at this situation alone.   I know I am young and still have a lot of things in life to learn, but I feel no one should have to endure what I have been through.   Also, I am sad that not even the justice system could help, but I am hoping one day someone will realize that married or not DOMESTIC VIOLENCE is an (important) issue and there are many women that go through very bad situations.   Some that can’t get out and a cry for help turns out in death because no one would care or listen.    So I am thanking you from the bottom of my heart that someone is there to listen.</p>
</blockquote>
<p style="text-align: left;"><a title="News leader.com" href="http://www.news-leader.com/article/20090610/OPINIONS02/906100409/We+can+end+domestic+violence" target="_blank">Sue Mitchell in News Leader.com</a> wrote today of her hope to abolish domestic violence.</p>
<blockquote style="text-align: left;">
<p style="text-align: justify;">&#8230;Today is a new day. It is a day for change! Today we have the God-given right and power to make the decision to stand tall. Standing tall is not about religious, political, sexual preferences; it is not about our social standing. Standing tall is merely choosing to raise our voices in intercession for those who through their own circumstances do not have the capability to lift their own. By choosing this day to stand tall, we have the capability to inspire the young women of our nation to look past the obstacles&#8217; standing in their life&#8217;s pathways, to rise above their situations, that they can impact the future of this great nation.</p>
<p style="text-align: justify;">As a domestic violence survivor, and as someone who has lost a dear friend to domestic violence, I can tell you I know a thing or two about hope. I can tell you that hope is a mainstay for a future filled with promise, a future without abuse. Hope is the driving force that gives the most impossible of situations the glimmer of betterment. Hope is the driving force to escape domestic violence. There are thousands of women across this great nation each year that cling to this hope. It is by this hope that they have the courage to face yet another day, and find the courage to escape from the horrors of domestic abuse.</p>
</blockquote>
<p style="text-align: left;">She quoted Dr. King&#8217;s famous &#8220;I have a Dream&#8221; speech:</p>
<blockquote style="text-align: left;">
<p style="text-align: justify;"><strong>With this faith, we will be able to hew out of the mountain of despair a stone of hope. With this faith, we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. And if America is to be a great nation, this must become true.</strong></p>
</blockquote>
<p style="text-align: left;">Shame on each and every person and entity in the State of Maryland that turned their back on Annabelle.  This saga could have turned out very differently  &#8211; once again.   How many more headlines?   This is not complicated.  It is about common decency.  It is about kindness, the golden chain by which society is bound together. (Goethe)  Wake up knuckleheads!</p>
<p style="text-align: left;">On the whole, the officials and residents of Prince George&#8217;s County are good and decent.  I am proud to say I was born and raised there.  Our judiciary, representatives and State&#8217;s Attorney, Glenn Ivey, are top notch.  The purpose of this article is to illuminate one resident&#8217;s life that almost slipped through the cracks.  That is one life too many.</p>
<p style="text-align: left;">Perhaps Annabelle was chosen for a broader purpose.  If nothing else, her story should reawaken in each of us the very values and standards upon which this country was founded.  We must “<em>transform the jangling discords of our nation into a beautiful symphony of brotherhood.  And if America is to be a great nation, this must become true.” </em> One can only hope.<em> </em>But try telling that tell to Annabelle.</p>
<p>This poem was written anonymously:</p>
<blockquote style="text-align: left;">
<p style="text-align: left;">I got flowers today.</p>
<p style="text-align: left;">It wasn&#8217;t my birthday or any other special day. We had our first argument last night, and he said a lot of cruel things that really hurt me.   I know he is sorry</p>
<p style="text-align: left;">and didn&#8217;t mean the things he said because he sent me flowers today.</p>
<p style="text-align: left;">I got flowers today.</p>
<p style="text-align: left;">It wasn&#8217;t our anniversary or any special day.  Last night he threw me into a wall and started to choke me.  It seemed like a nightmare.  I couldn&#8217;t believe it was real. I woke up this morning sore and bruised all over.  I know he must be sorry because he sent me flowers today, and it wasn&#8217;t Mother&#8217;s Day or any other special day. Last night he beat me up again, and it was much worse than all the other times. If I leave him, what will I do?  How will I take care of my kids? What about money?  I&#8217;m afraid of him and scared to leave.  But I know he must be sorry.  Because he sent me flowers today.</p>
<p style="text-align: left;">I got flowers today.</p>
<p style="text-align: left;">Today was a very special day. It was the day of my funeral.  Last night he finally killed me.  He beat me to death. If only I had gathered the courage and strength to leave him.</p>
<p style="text-align: left;">I would not have gotten flowers today.</p>
<p style="text-align: justify;">Thanks to <a title="Escaping the Trap" href="http://lady4peace2.blogspot.com/" target="_blank">Kathyrn at Escaping the Trap</a>.</p>
</blockquote>
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fmarylandtriallawyer.net%2Fhttpwwwmarylandtriallawyernetfamilylaw%2Fdont-get-help-domestic-violence-is-not-in-the-budget%2F&amp;title=Don%26%238217%3Bt%20Get%20Help%2C%20Domestic%20Violence%20is%20Not%20in%20the%20Budget" id="wpa2a_4"><img src="http://marylandtriallawyer.net/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="share save 171 16 Dont Get Help, Domestic Violence is Not in the Budget"  title="Dont Get Help, Domestic Violence is Not in the Budget" /></a></p><p>Related posts:<ol>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/amazing-domestic-violence-ad/' rel='bookmark' title='Domestic Violence is Real'>Domestic Violence is Real</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/domestic-violence-billboards-idea-maryland-insurance-companies-sponsor/' rel='bookmark' title='Domestic Violence Billboards: Idea! &#8211; Maryland Insurance Companies Should Sponsor'>Domestic Violence Billboards: Idea! &#8211; Maryland Insurance Companies Should Sponsor</a></li>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/domestic-violence-facing-abuse/' rel='bookmark' title='Domestic Violence: Facing Abuse'>Domestic Violence: Facing Abuse</a></li>
</ol></p>]]></content:encoded>
			<wfw:commentRss>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetfamilylaw/dont-get-help-domestic-violence-is-not-in-the-budget/feed/</wfw:commentRss>
		<slash:comments>4</slash:comments>
		</item>
		<item>
		<title>MVA License Suspension</title>
		<link>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetcriminal-law/mva-license-suspension/</link>
		<comments>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetcriminal-law/mva-license-suspension/#comments</comments>
		<pubDate>Wed, 08 Apr 2009 22:40:30 +0000</pubDate>
		<dc:creator>Constance Camus</dc:creator>
				<category><![CDATA[Criminal Law]]></category>
		<category><![CDATA[Administrative Law]]></category>
		<category><![CDATA[Department of Motor vehicles]]></category>
		<category><![CDATA[DUI]]></category>
		<category><![CDATA[DWI]]></category>
		<category><![CDATA[License]]></category>
		<category><![CDATA[MVA]]></category>
		<category><![CDATA[MVA Hearings]]></category>

		<guid isPermaLink="false">http://marylandtriallawyer.net/?p=313</guid>
		<description><![CDATA[FIGHTING THE LICENSE SUSPENSION WHEN CHARGED WITH DRIVING WHILE INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IN MARYLAND When faced with a criminal charge of driving a motor vehicle under the influence of alcohol and/or drugs, one should hire a lawyer to not only represent you in a court of law for the...
Related posts:<ol>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetcriminal-law/dwi-preliminary-breath-tests-are-admissible-in-an-mva-license-suspension-hearing/' rel='bookmark' title='DWI: Preliminary Breath Tests are admissible in an MVA License Suspension Hearing'>DWI: Preliminary Breath Tests are admissible in an MVA License Suspension Hearing</a></li>
</ol>]]></description>
			<content:encoded><![CDATA[<h2 style="text-align: center;"><strong>FIGHTING THE LICENSE SUSPENSION WHEN CHARGED WITH DRIVING WHILE INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IN MARYLAND</strong></h2>
<div id="attachment_323" class="wp-caption alignright" style="width: 310px"><a href="http://marylandtriallawyer.net/wp-content/uploads/2009/04/slide_940_15901_large.jpg"><img class="size-medium wp-image-323" title="slide_940_15901_large" src="http://marylandtriallawyer.net/wp-content/uploads/2009/04/slide_940_15901_large-300x218.jpg" alt="slide 940 15901 large 300x218 MVA License Suspension" width="300" height="218" /></a><p class="wp-caption-text">This is what happens if you go to MVA hearings without a lawyer</p></div>
<p style="text-align: justify;">When faced with a criminal charge of driving a motor vehicle under the influence of alcohol and/or drugs, one should hire a lawyer to not only represent you in a court of law for the pending criminal charges, but also to represent your interests at the administrative hearing conducted at the Department of Motor Vehicles (“DMV”). In addition to the criminal DUI charges brought, Maryland’s DMV can also take a variety of administrative actions against you whether or not you are actually convicted. So, be aware that these are two separate forums, each with potentially draconian outcomes.</p>
<p style="text-align: justify;">When properly contested, a license suspension can be avoided because these administrative hearings can often be won. Even if you lose, you have an opportunity to question the arresting officer.</p>
<p style="text-align: justify;">Residents of Maryland can have their driver’s license suspended prior to entering a courtroom based on the results of the chemical test or for refusing a breath test. Non-residents can lose their privilege to drive in Maryland prior to trial. The details of these possible driving penalties will be the subject of next week’s blog.</p>
<p>These hearings can often be won based on following technical defenses including:</p>
<ul>
<li> The driver wasn&#8217;t properly advised of his rights (because the officer&#8217;s explanation of the state&#8217;s &#8220;implied consent law&#8221; was defective in some way);</li>
<li> The officer failed to show up at the hearing;</li>
<li> The &#8220;stop&#8221; or arrest wasn&#8217;t justified;</li>
<li> The driver wasn&#8217;t allowed an independent test;</li>
<li> The test wasn&#8217;t administered in time;</li>
<li> The driver wasn&#8217;t allowed to call an attorney;</li>
<li> The officer was outside his jurisdiction;</li>
<li> The officer&#8217;s report wasn&#8217;t sworn;</li>
<li> There was no certificate by the machine operator;</li>
<li> The form wasn&#8217;t dated;</li>
<li> A temporary license wasn&#8217;t provided;</li>
<li> The driver didn&#8217;t &#8220;refuse&#8221; the test (because he had asthma, the mouthpiece was clogged, he  was confused about his rights, etc.); and</li>
<li> There&#8217;s no proof the driver was actually driving.</li>
</ul>
<p style="text-align: justify;">These hearings are often successful, if pursued, with a lawyer familiar and practiced in this specific area of law. Even if the driver loses at the hearing, the officer’s deposition can be useful at trial because the officer is usually neither prepared nor properly coached. Generally, an attorney will question the officer about every detail and aspect of the arrest, including the roadside tests and personal observations. The hearing transcript will often then be used to limit his testimony or to impeach him at a suppression hearing, preliminary hearing or at trial. Also, if the officer’s testimony demonstrates weaknesses in the state’s case, or if it’s inconsistent with his report, it can be used in plea bargaining at the criminal trial.</p>
<p style="text-align: justify;">There is no downside to these hearings. Protect yourself accordingly &#8211; hire an attorney that speaks the language of the administrative law world.<br />
<!-- Technorati Tags Start --></p>
<p>Technorati Tags:<br />
<a rel="tag" href="http://technorati.com/tag/New%20Tag">New Tag</a>, <a rel="tag" href="http://technorati.com/tag/MVA">MVA</a>, <a rel="tag" href="http://technorati.com/tag/DWI">DWI</a>, <a rel="tag" href="http://technorati.com/tag/DUI">DUI</a>, <a rel="tag" href="http://technorati.com/tag/LIcense">License</a>, <a rel="tag" href="http://technorati.com/tag/suspension">suspension</a></p>
<p><!-- Technorati Tags End --></p>
<p><a class="a2a_dd a2a_target addtoany_share_save" href="http://www.addtoany.com/share_save#url=http%3A%2F%2Fmarylandtriallawyer.net%2Fhttpwwwmarylandtriallawyernetcriminal-law%2Fmva-license-suspension%2F&amp;title=MVA%20License%20Suspension" id="wpa2a_6"><img src="http://marylandtriallawyer.net/wp-content/plugins/add-to-any/share_save_171_16.png" width="171" height="16" alt="share save 171 16 MVA License Suspension"  title="MVA License Suspension" /></a></p><p>Related posts:<ol>
<li><a href='http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetcriminal-law/dwi-preliminary-breath-tests-are-admissible-in-an-mva-license-suspension-hearing/' rel='bookmark' title='DWI: Preliminary Breath Tests are admissible in an MVA License Suspension Hearing'>DWI: Preliminary Breath Tests are admissible in an MVA License Suspension Hearing</a></li>
</ol></p>]]></content:encoded>
			<wfw:commentRss>http://marylandtriallawyer.net/httpwwwmarylandtriallawyernetcriminal-law/mva-license-suspension/feed/</wfw:commentRss>
		<slash:comments>0</slash:comments>
		</item>
	</channel>
</rss>

