![]() ![]() The Fourth Amendment requires that a search warrant must be based on probable cause, supported by oath or affirmation, and describe with particularity “the place to be searched, and the persons or things to be seized.” Petitioner Richardson was involved in a fight at a high school in Prince George’s County, MD. ![]() The Court of Appeals Found the Warrant to Search Richardson’s Cell Phone Overly Broad Such a trend could trigger significant changes to law enforcement practices and the obligations of telecommunications and online services companies. The Richardson decision is part of a growing trend in digital evidence warrants toward more narrowly tailored searches, specific search protocols, or device segmentation. And in dicta, Judge Jonathan Biran endorsed the use of “search protocols” in warrant applications for cell phones. In doing so, Maryland joins a small but growing number of states and federal district courts that have developed special rules for cell phone search warrants. Maryland, expanding the protection of the Fourth Amendment for subjects of criminal investigations whose cell phones are subject to a warrant search. It saves you money.On August 29, 2022, the Maryland Court of Appeals issued its opinion in Richardson v. You’re basically putting yourself on the line for your client. As the attorney, you are now guaranteeing that your client will be there. Now, once they set it aside, you have to appear. At that point in time, it is set aside and you have the ability to set in your trial date. I’ll file a motion to squash the warrant which is a fancy way of me filing a motion to have the warrant set aside. How An Attorney Can HelpĪctually, I don’t encourage my clients to turn themselves in at all. Bottom-line, a warrant gives the police the authority to arrest you and then they transport you back to that jurisdiction. The number one thing to do is show up to court because if you don’t, you’re going to have a warrant issued. There are too many things that can go wrong when you don’t show up. If you don’t show up to court not only have you violated that, but now you got someone who is going to want their money as well. Now you’re only paying him $500 for it but he’s putting up the $5000. If they give you $5000 of bail and you can’t pay that you can get a bondsman to put up the bond. ![]() If you turn yourself in without one, then you’ll be in front of a commissioner who may think that you’re a flight risk so they give you a bail or a bond which you have pay or go to jail. If you find out you have a bench warrant, turn yourself in but hire an attorney first. If you turn yourself in, then it is always an option. A Bench Warrant Doesn’t Always Mean JailĪ bench warrant may not result in jail if someone hires an attorney. If there is a bench warrant out for you, typically a Sheriff will knock on your door to arrest you. If you don’t show up, then they’re going to issue a bench warrant. Now, if you have a drug charge, a possession charge, or another charge that is going to be prosecuted by state’s attorney, and you don’t show up, then that’s a big problem. If that’s not the case then your driving license is suspended. You hire an attorney to file a motion, to set up a new trial if you have a good reason. You’re going to get failure to appear and you deal with the MVA and the court about that. If you have a speeding ticket and you asked for a trial and you don’t show up, you’re not going to get a bench warrant. The judge can either set the amount for the bench warrant or say it needs to be set by a commissioner. So what happens? You failed to appear and then a bench warrant is requested by the state’s attorney. You were given a date for court and you didn’t show up. A bench warrant is issued by a judge because you failed to appear in court. If you think you have an outstanding warrant call today to schedule a free consultation and discuss your legal options.Ī bench warrant is very different from an arrest warrant. Below MD bench warrant lawyer Seth Okin discusses bench warrants in Maryland. ![]()
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