Cochran & Chhabra, LLC

I’ve Been in a Car Accident – Now What?

stacie.manger — Mon, 14 Jan 2013 17:18:38 +0000

A car accident, no matter how minor, can be extremely nerve-wracking. The time immediately following the crash is very confusing, especially for drivers who may be in shock or pain, but it is also tremendously important for any impending legal matters. The more information that can be collected as close to the time of the accident as possible, the better the chance an attorney or insurance company has at creating a comprehensive case.

What should you do after an accident?

Check on passengers and other drivers.

Your safety is your first priority. Assess yourself and then your passengers. If you can safely move around your vehicle, check on the other drivers and passengers to ensure everyone is okay. If someone requires medical attention, call 911 as soon as possible. If it is safe to move around the accident scene, take pictures all of the vehicles involved before they are moved. This will help the police or insurance carriers determine fault in an accident.

Document, document, document!

If you’re able to safely move your vehicle to the side of the road to allow traffic to flow by, do so. However, if you can, take a picture of the vehicles involved before moving them. This will help with your insurance claim and liability. Even a fender bender can be stressful, but try to remember to take as many pictures as you can. Every scratch, dent, or broken piece of your car after an accident should be documented. Pictures are gold.

Also exchange information with the other driver or drivers. This includes names, addresses, phone numbers, tag numbers, make and model of the vehicle, color of the vehicle, and insurance information. Also get the VIN numbers of the other vehicle(s). These are typically located in the windshield on the driver’s side or the driver’s side door jam. It generally looks like a sticker and is usually 17 characters long, which includes numbers and letters. Why is this so important? Because there is always a chance that the tags on the other vehicle(s) are stolen. By having the VIN number, you have a better chance of tracking down the owner of the vehicle and having your issue resolved.

If there are witnesses to your accident and they stuck around the scene, get their information as well. This includes names, phone numbers and emails. Sometimes insurance companies want to speak to them. Should your case need the assistance of an attorney, your attorney would want that information as well.

The police and your insurance company are not likely to be witnesses to your car accident. The more concrete documentation you can provide, the better.

Contact the Police

For small accidents, it may seem counter-productive to call the police. Few calls are made to the police for “fender-benders” or other minor accidents. Why? Because, not only will the police issue tickets for offenses that could have caused or contributed to the accident (such as speeding, tailgating, or failure to stop at a sign or signal), but they will also file a report, which can be damaging to the guilty party.

However, a police officer’s presence can calm an angry, irrational, or even violent driver. In some cases, another driver can claim you hit them and caused a massive, basketball sized dent in their fender. A police officer is usually able to gather an unbiased account of the accident from the two statements.

Call your insurance company to file a claim

Always report an accident to your insurance company. Your policy requires it if you want to have your insurance company cover any damages and defend you should the other driver bring a claim against you. Calmly report to your insurance company the facts of the accident. Do NOT admit fault; let the insurance company do the investigation. Provide the information you gathered at the scene. Also notify the other driver’s insurance company that you were involved in an accident.

Consult an experienced attorney

Accidents are never fun and sometimes they are not easy to resolve. Facts can get jumbled around. If you feel as though something isn’t right, contact an experienced attorney. The attorney can go over the facts of your case and explain if you have any legal options.

Always be prepared for a car accident

Though drivers never wish to be involved in a car accident, it’s always a good idea to be prepared for one. A preparedness kit is easy to assemble and includes:

emergency supplies, such as a bottle of water, first aid kit, flashlight, blanket, and non-perishable foods;
a disposable camera to take pictures of the accident;
an accident checklist(pictures, names, insurance, VIN, etc);
paper and pens for writing down information and sketching the accident; and
a copy of your license, registration, and proof of insurance.

You may wonder why disposable camera is on the list because your cell phone or smart phone has a camera. This is true, but there is a chance your phone could be damaged in the accident; they’re not always durable. Disposable cameras are inexpensive and durable, so they a great option to keep in your vehicle.

If you have been involved in a car accident, be sure to contact an attorney with Cochran and Chhabra.

The law office of Cochran & Chhabra has provided this website and its content for informational purposes only. The information is not intended to be legal advice or counsel. Your use of this site and its content does not construct a lawyer-client relationship with Cochran & Chhabra. You should consult an attorney for individual advice concerning your particular situation.

The Common Myths of Drinking and Driving

stacie.manger — Mon, 17 Dec 2012 20:02:03 +0000

According to the National Institute of Alcohol Abuse and Alcoholism, people are more likely to die in an alcohol-related crash around Christmas and New Year’s than any other time of the year. While this might seem tragically predictable, many of those fatal accidents occur because of the persistent myths that follow drinking and driving.

This blog post will outline some common myths, and the facts that disprove them, about drinking and driving.

Myth: “I’m not slurring my words and I can walk without falling over. I can drive perfectly.”

Fact: Unfortunately, not everyone who is impaired shows physical signs. The only way to know if someone is sober enough to drive would be to estimate their blood alcohol concentration (BAC) level. You can view the BAC chart here.

Myth: “I actually drive more carefully when I’m buzzed.”

Fact: No matter how careful a driver thinks he’s being, alcohol will actually slow down his reaction time and impair his judgment, making it extremely difficult to drive properly. Also, the sedative effects of alcohol, no matter the amount consumed, increases the driver’s risk of falling asleep behind the wheel.

Myth: “I’m young, nothing can happen to me.”

Fact: Young adults actually pose the greatest risk for impaired driving. Not only are they inexperienced drivers, they are also inexperienced drinkers. In December 2010, alcohol-impaired drivers in the US aged 21 to 34 were involved in a higher percentage of fatal crashes than any other age group.

Myth: “I’ve only had a few glasses of wine. It’s not like I was doing shots.”

Fact: A 12 ounce can or bottle of beer, a five ounce serving of wine, and a 1.5 ounce shot of hard liquor all have about the same amount of alcohol. It is hard for anyone to judge their amount of alcohol consumption just by counting the amount of drinks they have had. Moreover, depending on the amount of alcohol in a given drink, it is possible that you can be drunk from only one drink. Mixed drinks, which can combine multiple forms of alcohol with juice or soda, can be particularly potent and “sneak up on you.”

Myth: “I’ve had two cups of coffee, so I’m good.”

Fact: Coffee, cold showers, or exercise might fight drowsiness, but the most important factor affecting the body’s ability to process alcohol is time. Generally, the body needs an hour to process one ounce of alcohol, but there are many factors, including body weight, food consumption, and mood, that can affect that rate.

If you are facing an alcohol-related driving charge, be sure to contact, an attorney with Cochran and Chhabra.

Resources:

Maryland Sex Offender Tiers

stacie.manger — Mon, 22 Oct 2012 19:24:04 +0000

In Maryland, a person who is convicted of a sexual offense must register as a sex offender with the state registry. Even if the offender was convicted out-of-state and lives in Maryland, or is convicted and moves to Maryland, he or she must register. Convictions include:

the person was found guilty by a jury or judicial officer
the person entered a plea of guilty or nolo contendere
the person is granted a Probation Before Judgment after a finding of guilt, but is ordered to comply with the registration requirements as a condition of probation; or
the person is found not criminally responsible for a crime.

A convicted sex offender must file a registration statement, which is public. That statement includes the following information: name, address, age and date of birth, photograph, place of employment, registration category (Tier I, II, or III), term of registration, legal and plain language description of the crime, among other things. The online registry[link to it], however, does not contain all of this information. It does show the sex offender’s photograph, name, charge, last known address, and tier.

The Registry categorizes sex offenders into three tiers, which are generally based on the nature of the offense and the age of the victim. If you hover over the underlined text, you can get a definition of the offense.

Tier I sex offenders must remain on the Registry for 15 years, and have been convicted of either:

4th degree sex offense;
possession of child pornography;
engaging in illicit conduct in foreign places;
failure to file factual statement about an alien individual;
misleading domain names on the internet;
misleading words or digital images on the internet;
sex-trafficking by force, fraud, or coercion;
transmitting information about a minor to further criminal sexual conduct; or
travel with intent to engage in illicit conduct.

Tier II sex offenders must remain on the Registry for 25 years, and have been convicted of:

3rd degree sex offense;
abduction of a child under 16 for prostitution;
distribution of child pornography;
hiring a minor for a prohibited purpose;
operating a house of prostitution;
human trafficking;
the sale of a minor;
sexual conduct between a correctional or Department of Juvenile Services (DJS) employee and an inmate or confined child;
sexual solicitation of a minor; or
a registrant with two Tier I convictions.

Tier III sex offenders must remain on the Registry for life, and have been convicted of:

1st degree sex offense(or attempted 1st degree sex offense);
2nd degree sex offense(or attempted 2nd degree sex offense);
3rd degree sex offense;
1st degree rape (or attempted 1st degree rape);
2nd degree rape(or attempted 2nd degree rape);
assault with intent to rape or sexually abuse;
child kidnapping (under the age of 12) or abduction of a child under 12;
continuing course of conduct with a child;
false imprisonment of a minor;
forcible sodomy;
incest;
kidnapping;
murder with intent to rape, sexually offend, or sexually abuse a minor;
sexual abuse of a minor;
sale of a minor;
sexual conduct between a correctional or DJS employee and an inmate or confined child;
forcible unnatural or perverted practice; or
a registrant with two Tier II convictions, or a Tier I and Tier II conviction.

If you are charged with sexual offense while in Maryland, be sure to contact an attorney with Cochran and Chhabra at 888-268-5515.

What are Synthetic Drugs?

stacie.manger — Tue, 16 Oct 2012 15:37:57 +0000

Recently, 26 synthetic drugs, such as Spice, K2, and bath salts, were added to the federal Controlled Substances Act. Synthetic drugs are popular alternatives to traditional street drugs, such as marijuana or cocaine, and were previously legal.

As discussed in a previous blog post, Controlled Dangerous Substances are drugs that are regulated under the Controlled Substances Act (CSA) and are divided into five “schedules.” These schedules are classified by how hazardous the substance is, whether it is used in accepted medical treatments, the potential for abuse, and the likelihood for addiction or dependence. The federal government passed legislation making synthetic drugs Schedule I.

There are two common types of synthetic drugs:

Cannabinoids, which are chemically engineered as a substitution for the effects received from tetrahydrocannabinol (THC), the active ingredient in marijuana; and
Cathinones, which are chemically engineered as a substitution for the effects received from amphetamines, such as cocaine or ecstasy. The street name is bath salts.

Bath salts, have been linked in the media to several crimes in the DC region. Bath salts also made national news when Rudy Eugene attacked a homeless man in Florida and proceeded to chew on the homeless man’s face. However, toxicology results on Eugene showed he had only non-synthetic marijuana in his system.

In 2009 and 2010, many states enacted legislation targeting specific versions of the synthetic drugs. However, the nature of these drugs means that minor changes to the chemical make-up can create new drugs altogether. These chemical changes were not covered under the previously enacted laws, but were addressed in 2011 and 2012 legislation. The new regulations target entire classes of substances in order to prevent new formulas of these drugs from going unregulated.

In 2012, Maryland enacted House Bill 589, which added the chemical compounds of bath salts such as MDPV, Mephedrone, and Methedrone to the Schedule I list. The state currently has no law against synthetic marijuana, but the drug is federally banned. That means, despite the fact there is no law in Maryland, you can still be charged.

Under the legislation that was enacted by Congress in July 2012, possession of a Schedule I Controlled Substance can result in:

up to four years in prison; and/or
a $25,000 fine.

Distribution or possession with the intent to distribute can result in:

up to 20 years in prison; and/or
a $25,000 fine.

If you have been charged with possession or distribution of a synthetic drug in Maryland, be sure to contact an attorney with Cochran and Chhabra at 888-268-5515.

Vehicular Manslaughter in Maryland

stacie.manger — Tue, 09 Oct 2012 16:34:44 +0000

Generally, vehicular manslaughter (also called vehicular homicide) is defined as an occurrence of death due to the negligence of a person that is driving, operating, or controlling a vehicle or vessel. Drivers typically commit vehicular manslaughter through reckless and negligent driving, distracted driving, or driving while impaired (DWI) or under the influence (DUI) of alcohol or drugs.

With the exception of Alaska, Montana, Arizona, and Oregon, all states have statutes regarding vehicular homicide or manslaughter.

In Maryland, there are two definitions of negligence for a vehicular manslaughter charge:

gross negligence (§ 2-209), which means that the driver had created a situation where he or she exhibited reckless disregard for human life;or
criminal negligence (§ 2-210), which means that the driver should have been aware, but failed to realize, that her actions created a risk for a fatal accident.

However, charging someone with vehicular manslaughter is no easy feat, as it means the driver had a wanton or reckless disregard for human life in the operation of an automobile. The officer and prosecutor have to prove the driver operated the vehicle or vessel in a grossly or criminally negligent manner. The definition of gross negligence in Maryland isn’t a clear distinction; it is more subjective rather than objective.

To charge a driver with vehicular manslaughter, multiple factors must be considered, such as:

Drinking;
Excessive Speed;
Fleeing the scene;
Unusual or erratic driving before the crash;
Failure to keep a proper lookout and failure to maintain control;
The nature and force of the impact;
Being drowsy (which is as dangerous as being drunk); and
Distracted driving.

A driver convicted of vehicular manslaughter by gross negligence may be sentenced with a felony charge. The penalties may include:

up to $5000 in fines;
incarceration for up to ten years;
12 points on the driver’s license; and/or
revocation of driving privileges.

A driver convicted of vehicular manslaughter by criminal negligence may be sentenced with a misdemeanor charge. The penalties may include:

up to $5000 in fines;
incarceration for up to three years;
12 points on the driver’s license; and/or
revocation of driving privileges.

If you are charged with vehicular manslaughter in Maryland, be sure to contact an attorney with Cochran and Chhabra at 888-268-5515.

Disorderly Conduct in Maryland

stacie.manger — Thu, 04 Oct 2012 05:00:00 +0000

Disorderly conduct, or “disturbance of the peace,” typically consists of behavior that creates a disturbance, disrupts the public, or involves the defendant somehow “causing a scene.” As a seemingly generic charge, disorderly conduct can encompass a multitude of situations.

For instance, you go out to a sports bar with some friends to have a couple of drinks. You’re wearing a specific team jersey and some guy lets you know that he just doesn’t like it. He’s had a few drinks and you’ve had a few drinks.

All of a sudden, he gets in your face about your team. It seems ridiculous, but he won’t stop throwing insults. Finally, you’ve just had it with him yelling at you and you shove him away. He throws a punch, so you throw one right back, and the next thing you know, you’re in a full-out bar fight. The police are called, and by the time the officers get there, you and the gentleman are out in the street, still yelling at one another.

The officers ask you to calm down, but you’re cursing and yelling at this guy for starting a bar fight and getting you in trouble. The police ask you multiple times to calm down, but you don’t comply, prompting the officers to cite you with disorderly conduct, among other charges.

These cases can be quite common in criminal courts, and are usually seen as misdemeanors. However, that does not mean that they should be taken lightly, especially for defendants who have an otherwise nonexistent criminal record.

The issue with a disorderly conduct charge, however, is that the legislation was written vaguely, so there are many situations where a “disturbance of the peace” law can be applied.

Police officers may use discretion in applying a charge of disorderly conduct if the citizen’s actions are questionable or unprecedented. In Maryland, any of the following actions can be cause for a disorderly conduct violation:

bar fights;
being unreasonably loud or rowdy;
panhandling;
disobeying an order to keep the peace;
loitering in public places;
blocking public traffic;
public drunkenness; and
lewd behavior.

Considering that the actions are often unclear as to why a citizen may be charged with disorderly conduct, defendants often view the penalties for these actions as excessive or undeserved. Typically, a disorderly conduct conviction can result in:

incarceration of up to 60 days in jail; and
a fine of up to $500.

If you have been charged with disorderly conduct in Maryland, be sure to contact an attorney with Cochran and Chhabra at 888-268-5515.

Roundup of Maryland’s New Laws

stacie.manger — Mon, 01 Oct 2012 18:20:31 +0000

The state of Maryland has been pretty busy in the law making department, enacting over 250 new laws. There are multiple new laws and changes regarding traffic violations and drug possession. Here is the roundup of new laws that went into effect today:

Mo-ped and Scooter Law Additions: Requires scooters and mo-peds to be titled and insured. Operators and passengers must wear a helmet and eye protection. The operator does not have to wear eye-protection if the vehicle is equipped with a windshield. A title decal must be visible on the rear of the vehicle. These requirements were created as additions to the existing law that requires all operators of motor scooters and mopeds to possess a valid driver’s license and acquire a permit for the vehicle.
Nonworking Traffic Control Signals: Under House Bill 67, if you approach a darkened intersection with a nonfunctioning light, all drivers must stop. Also, drivers must yield to pedestrians or other vehicles in the intersection. A violation of this law might result in a $90 fine and two points on the driver’s license. If the violation of this law results in an accident, the fine will be $130 and three points on the driver’s license.
Child Safety Seats: Under House Bill 313, all children under eight years of age must sit in a child safety seat unless the child is 4’9” or taller. This repeals the weight exception of 65 pounds.
Life-Threatening Injury by Vehicle or Vessel While Impaired by a Controlled Dangerous Substance:Also known as Ava’s Law, the maximum imprisonment increased from two to three years and the maximum fine increased from $3,000 to $5,000.
Marijuana Possession:In May 2012, Governor Martin O’Malley signed a law reducing the penalties for possession of small amounts of marijuana. That law goes into effect today. The maximum penalty for possession of less than 10 grams of marijuana will now result in a $500 fine and/or up to 90 days in jail.

To learn more about the other laws going into effect, click here.

Controlled Dangerous Substances in Maryland

stacie.manger — Tue, 25 Sep 2012 16:17:12 +0000

Controlled Dangerous Substances (CDS), are drugs that have been regulated under the Controlled Substances Act (CSA) and have been divided into five “schedules.” These schedules are classified by how hazardous the substance is, whether it is used in accepted medical treatments, the potential for abuse, and the likelihood that it could cause addiction or dependence.

Schedule I Controlled Dangerous Substances have a high potential for abuse, are generally considered unsafe, and have no current medically accepted use in treatment. These substances include:

heroin;
lysergic acid diethylamide (LSD);
marijuana (cannabis);
peyote (cactus which contains mescaline);
methaqualone; and
3,4-methylenedioxymethamphetamine (ecstasy).

Schedule II Controlled Dangerous Substances also have a strong potential for abuse, but, unlike Schedule I drugs, they have been used for medical treatment. However, abuse of Schedule II drugs can sometimes lead to a psychological or physical dependence. These substances include:

narcotics such as:

morphine;
opium;
hydromorphone (Dilaudid);
methadone (Dolophine);
meperidine (Demerol);
oxycodone (OxyContin);
fentanyl (Sublimaze/Duragesic); and

stimulants such as:

cocaine;
phencyclidine (PCP);
amobarbital;
glutethimide;
pentobarbital;
amphetamine (Dexedrine/Adderall);
methamphetamine (Desoxyn); and
methylphenidate (Ritalin).

Schedule III Controlled Dangerous Substances have a lower potential for abuse, have been used in medical treatment, and can lead to a low or moderate physical dependence, but a high psychological dependence. These substances include:

benzphetamine (Didrex);
phendimetrazine;
ketamine;
anabolic steroids such as oxandrolone (Oxandrin);
codeine or hydrocodone with aspirin (Tylenol 3); and
buprenorphine products (Suboxone and Subutex).

Schedule IV Controlled Dangerous Substances have a relatively low potential for abuse, are used in medical treatment, and can lead to a limited physical or psychological dependence. These substances include:

propoxyphene (Darvon and Darvocet-N 100);
alprazolam (Xanax);
clonazepam (Klonopin);
clorazepate (Tranxene);
diazepam (Valium);
lorazepam (Ativan);
midazolam (Versed);
temazepam (Restoril); and
triazolam (Halcion).

Schedule V Controlled Dangerous Substances have a very low potential for abuse, are commonly used for medical treatment, and can lead to very limited physical or psychological dependence. These substances typically include cough medicines that contain no more than 200 milligrams of codeine (Robitussin AC and Phenergan with Codeine).

In July, 2012, Congress enacted legislation that added 26 synthetic drugs to the Controlled Substances Act. These substances include bath salts and synthetic marijuana, which has been sold under names such as K2, K3, Spice, and Genie. Bath salts, which include amphetamine-like substances and are used as a substitute for cocaine, have been linked in the media to several recent crimes. Both bath salts and synthetic marijuana are Schedule I Controlled Dangerous Substances at the federal level.

Under the new legislation, possession of a Schedule I Controlled Dangerous Substance can result in:

up to four years in prison; and/or
a $25,000 fine.

However, possession of marijuana is a bit different. As stated in a previous blog post Governor Martin O’Malley signed a new law in May of 2012 that will reduce the penalties for possession of small amounts of marijuana. The new law, which will go into effect on October 1, 2012, will reduce the maximum penalty of possessing less than 10 grams of marijuana to a $500 fine and/or up to 90 days in jail.

Distribution or possession with the intent to distribute can result in:

up to 20 years in prison; and/or
a $25,000 fine.

If you have been charged with possession or distribution of a Controlled Dangerous Substance in Maryland, be sure to contact an attorney with Cochran and Chhabra at 888-268-5515.

Maryland’s New Motor Scooter Law

stacie.manger — Fri, 07 Sep 2012 14:23:08 +0000

On October 1, 2012, motor scooter and mo-ped operators will have new rules to follow. Maryland enacted a new law requiring drivers and passengers to wear motorcycle helmets that meet the safety standards provided by the United States Department of Transportation, and wear eye protection unless there is a windshield. The law also requires all scooters and mo-peds be titled and insured, with the title decal displayed on the rear of the vehicle.

These requirements were added to the existing law, which requires all operators of motor scooters and mopeds to possess a valid driver’s license, or for a mo-ped, possess a valid permit.

Maryland law enforcement is trained on the new laws and their requirements.

According to the Motor Vehicle Administration (MVA), a motor scooter is defined as having:

a seat for the operator;
two wheels, with one that is 10 or more inches in diameter;
a step-through frame;
a motor, which has a rating of 2.7 or less brake horsepower if it is an internal combustion engine, and with a capacity of 50 or less cubic centimeters piston displacement; and
includes an automatic transmission.

A mo-ped is defined as having:

mechanical pedals;
two or three wheels, which are more than 14 inches in diameter; and
a motor, which has a rating of 1.5 or less brake horsepower if it is an internal combustion engine, and with a capacity of 50 or less cubic centimeters piston displacement.

The same traffic laws that apply to bicyclists also apply to drivers of motor scooters or mo-peds. These laws include:

driving a motor scooter or mo-ped as close to the right side of the road as possible;
not using earplugs or a headset that covers both ears, except in certain circumstances;
not operating a motor scooter on a public roadway with a posted maximum speed limit of 50 mph or more;
not driving a scooter at a speed in excess of 30 mph; and
using a bike lane or the shoulder unless the operator is:

making a left turn;
riding on a one-way street;
passing a stopped or slow moving vehicle;
avoiding pedestrians or road hazards;
driving in a right turn only lane; or
driving in a lane that is too narrow for a motor scooter or moped to be traveling safely with another motor vehicle.

Maryland’s Handgun Laws

stacie.manger — Fri, 31 Aug 2012 14:50:39 +0000

Handgun Laws and Concealed-Carry Permits in Maryland

Handgun ownership and control has been a hot topic with the recent mass shooting in Aurora, Colorado and arrest of Neil Edwin Prescott in Crofton, Maryland, who threatened to commit a workplace shooting, many news outlets have been. This leads many people to wonder what would happen if they were charged with illegal possession of a handgun.

In Maryland, the definition of handgun includes: antique firearm, pistol, revolver, short-barreled shotguns or rifles, and any other firearm that can be concealed on your person.

Handgun owners are prohibited from:

Wearing, carrying or transporting a handgun, either concealed or not, on the person without a permit;
Wearing, carrying or transporting a handgun in a vehicle traveling on a road on parking lot, highway, waterway or airway;
Wearing, carrying or transporting a handgun on public school property; and
Wearing, carrying or transporting a handgun with the intent to injure or kill another person.

There are exceptions to these laws. For instance, a police officer is legally allowed to carry a weapon, as is a member of the armed forces who is on duty. You are allowed to transport a handgun from the store where you legally bought it or a repair shop.

Currently, Maryland’s concealed-carry handgun permit is under fire. In 2010, Raymond Wollard filed a lawsuit against the state when he was denied a renewal for his concealed-carry permit in 2009. Judge Benson Everett Legg of the U.S. District Court for the District of Maryland sided with Wollard. Judge Legg said states are allowed to place certain restrictions on gun permits for public safety, but the Maryland law acted as a “rationing system.” The ruling was then stayed to allow the state attorney general’s office to appeal the decision.

In late July, Judge Legg lifted the stay and ordered Maryland officials to stop enforcing the law requiring a “good and substantial reason” to carry a concealed weapon. The order was supposed to go into effect on August 7. However, the U.S. 4th Circuit Court of Appeals ruled the state could continue to enforce the current law and require documentation and proof for the need to carry a concealed handgun until the is a ruling on the appeal. The 4th Circuit Court is scheduled to hear the appeal in late October.

Whether or not the concealed-carry permit law stays the same or is ruled unconstitutional, the right to own a handgun does not shield the owner from prosecution if he commits certain crimes. Possessing an unlicensed handgun will result in a minimum incarceration sentence of 30 days, with a maximum sentence of up to three years.

Other handgun crimes include:

carrying with deliberate intent to injure or kill, which has a maximum incarceration sentence of five years;
obliterating the identification mark or number, which has a maximum incarceration sentence of three years;
the sale, transfer, or possession of restricted pistols and revolvers, which has a maximum incarceration sentence of three years;
the sale, transfer, or possession of stolen pistols, which has a maximum incarceration sentence of three years;
the unlawful possession of short-barreled rifles and shotguns, which has a maximum incarceration sentence of five years; and
the use of a handgun in the commission of a felony, which has a maximum incarceration sentence of 20 years.

If you are charged with the possession of a handgun while in Maryland, be sure to contact an attorney with Cochran and Chhabra at 888-268-5515.