Serious Felony Charges in Maryland
Defense of Homicide, Violent Felonies, Drug Felonies, and Other Serious Charges
Serious felony cases require a defense built for the possibility of trial from the beginning. Homicide, robbery, serious drug offenses, weapons charges, sexual offenses, and other major felonies can involve lengthy incarceration and consequences that extend far beyond the criminal case.
The seriousness of the charge does not lessen the State's burden of proof. The prosecution must prove every element of every offense beyond a reasonable doubt, and the evidence used to meet that burden must be carefully examined for admissibility, reliability, and accuracy.
Serious felony investigations frequently involve multiple forms of evidence: search warrants, cell phone and location data, body-worn camera footage, forensic testing, DNA, firearms or ballistics evidence, witness identifications, cooperating witnesses, recorded statements, social media, surveillance video, and expert testimony. Each piece of evidence should be examined individually and in relation to the rest of the case.
The defense must also examine how the evidence was obtained. Searches and seizures, warrants, interrogations, identification procedures, and digital evidence may present constitutional or evidentiary issues that affect what the State is permitted to present at trial.
Kathleen M. Kirchner is a former prosecutor and experienced Maryland criminal trial attorney who represents clients facing serious felony charges in courts throughout Maryland.
How Serious Felony Defense Challenges the State's Case
A serious felony defense begins by testing the State's theory against the evidence. Police reports and charging documents reflect allegations; they do not determine what the admissible evidence will ultimately prove.
The defense may require review of search warrants, body-worn camera footage, witness interviews, identification procedures, forensic testing, DNA, firearms evidence, cell phone extractions, location data, social media, surveillance video, recorded statements, and expert opinions. In complex cases, the timing and relationship between different pieces of evidence can be as important as the evidence itself.
Witness credibility must also be examined carefully. Prior or inconsistent statements, motives, cooperation agreements, benefits received from the State, identification issues, and conflicts between witness accounts and physical or digital evidence may affect the reliability of the prosecution's case.
Constitutional and evidentiary challenges can determine what evidence the State is permitted to present at trial. Suppression motions, challenges to searches and seizures, warrants, statements, identification evidence, authentication, and expert testimony may therefore become critical parts of the defense.
Serious charges require more than reacting to the prosecution's theory. The defense should independently examine what the evidence proves, what it does not prove, and what evidence may be missing.
People facing serious felony charges in Maryland often have immediate questions about potential penalties, the evidence against them, constitutional challenges, and what to expect as the case moves toward trial or resolution.
Common Questions About Serious Felony Charges in Maryland
Yes. Serious drug, firearm, and other felony charges may begin with a traffic stop, detention, vehicle search, or seizure of property. The seriousness of the charge does not eliminate the constitutional requirements governing how police obtained the evidence.
A defense should examine each stage of the encounter separately: the legal basis for the initial stop, whether the detention was lawfully extended, whether a search or seizure was justified, whether consent was actually given and voluntary, and whether police had the required legal basis for their actions.
When evidence was obtained in violation of constitutional protections, the defense may seek suppression of that evidence. If the challenged evidence is central to the prosecution, a suppression ruling can significantly affect the State's case.
Can an illegal traffic stop or search affect a serious felony case?
Experience as a former prosecutor provides insight into how serious criminal cases are investigated, charged, evaluated, negotiated, and prepared for trial. It can help a defense attorney anticipate how the State may use particular witnesses, forensic evidence, cooperating defendants, expert testimony, and other evidence to build its case.
That experience is most valuable when combined with an independent defense analysis. The defense must test the prosecution's theory, identify weaknesses or inconsistencies in the evidence, litigate constitutional and evidentiary issues, and prepare the case with trial in mind.
How does a former prosecutor's experience help in serious felony defense?
Yes. In some serious felony cases, the evidence necessary to prove the charge was obtained during a traffic stop, search of a vehicle or home, execution of a search warrant, seizure of a cell phone, interrogation, or other police investigation. If that evidence was obtained unlawfully, the defense may seek to prevent the State from using it.
A suppression challenge requires examining each stage of the investigation and the legal justification for the police action. A lawful initial encounter does not necessarily make every later detention, search, seizure, or interrogation lawful.
When suppressed evidence is central to proving possession, identity, intent, or another essential element, the ruling can substantially alter the evidence available to the prosecution.
Can suppression of evidence change the outcome of a serious felony case?
Simple possession generally requires proof that a person knowingly possessed a controlled dangerous substance. Possession with intent to distribute (PWID) requires the State to prove the additional element that the person intended to distribute the substance.
The State may attempt to prove intent through circumstantial evidence, including the quantity and packaging of the substance, cash, scales, communications, or other evidence surrounding the alleged possession. An actual completed sale is not necessarily required.
Both charges also require proof of possession. When drugs are found in a vehicle, home, or other location occupied by more than one person, whether the defendant actually or constructively possessed the drugs can become a significant issue.
What is the difference between drug possession and possession with intent to distribute in Maryland?
Pretrial litigation in a serious felony case may determine what evidence the State can use and, in some cases, how the prosecution itself may proceed. The issues depend entirely on the facts, evidence, investigation, and charges.
Constitutional challenges may involve the legality of a stop, detention, arrest, search or seizure; statements obtained during interrogation; the sufficiency or execution of a search warrant; or the reliability and constitutionality of an eyewitness identification procedure. A warrant may also require examination of whether the application contained material false statements or omissions affecting probable cause.
Other pretrial issues may involve prior bad-acts evidence, severance of defendants or charges, the sufficiency or form of the indictment, authentication and admissibility of digital evidence, expert testimony, hearsay, discovery violations, and other evidentiary questions.
Effective pretrial litigation requires identifying which issues are actually supported by the record and raising them through the appropriate motion before trial.
What issues can be challenged before trial in a serious felony case?