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What Happens If You Refuse a Breath or Blood Test During a DUI Stop?

2026-04-15 00:00:00

Refusing a breath or blood test during a DUI stop in Maryland triggers automatic penalties under Maryland's implied consent law and can also be used against you in court. However, that does not mean your case is unwinnable. If you are facing charges in 2026, our Annapolis DUI defense lawyers can help you understand the charges and how to fight them, with or without chemical tests as evidence.

What Is Maryland's Implied Consent Law?

Maryland's implied consent law is found in Maryland Transportation Code § 16-205.1. It says that any person who drives a motor vehicle on a Maryland road is considered to have consented to a breath or blood test if a police officer has reasonable grounds to believe that person is driving while impaired.

Can a Gun Charge Be Dismissed in Maryland?

2026-03-28 00:00:00

A gun charge in Maryland can be dismissed, but it typically takes an experienced defense attorney who knows where to look and how to challenge the state's case. Maryland has some of the strictest gun laws in the country, and even people with good intentions can end up facing serious charges for something that would be perfectly legal in another state. A charge is not a conviction, and there are real defenses that can lead to reduced charges, suppressed evidence, or a full dismissal. If you are facing a weapons offense in 2026, the Queen Anne's County, MD gun charge defense lawyers at Henley & Henley, Attorneys at Law are ready to help.

What Are the Most Common Gun Charges in Maryland?

Most criminal gun charges in Maryland fall under two main laws. The first is Maryland Criminal Law § 4-203, which makes it illegal to wear, carry, or transport a handgun without a valid permit. This applies whether the gun is hidden or carried in the open. Maryland does not recognize permits from any other state. A first offense can typically carry a mandatory minimum of 30 days in jail, up to five years in prison, and a fine of up to $2,500. Penalties get much worse for repeat offenses.

What Do I Need To Do To Fight an Assault Charge in Maryland?

2026-03-15 00:00:00

An assault charge is not an automatic conviction. It can stem from a misunderstanding, a moment of self-defense, or an accusation you believe is simply untrue. The pressure you feel is real, but there are meaningful steps you can take right now to protect yourself. Henley & Henley, Attorneys at Law can help. If you’re facing a criminal charge in 2026, our Anne Arundel County, MD assault defense lawyers understand what you're facing and can help you build a defense strategy that caters to the circumstances of your case.

What Are the Different Types of Assault Charges in Maryland?

Maryland law recognizes two degrees of assault. Understanding the difference matters because the penalties are very different.

Second-Degree Assault

Second-degree assault under Maryland Criminal Law § 3-203 is the more common charge. It covers intentional harmful or offensive contact, attempted harmful contact, or placing someone in reasonable fear of harm. A conviction carries up to 10 years in prison and a fine of up to $2,500 for most cases. If the alleged victim is a law enforcement officer or a parole or probation agent, the penalties go up significantly.

Five Things You Should Know About Maryland’s Marijuana Laws

2026-02-26 00:00:00

Maryland legalized recreational marijuana in 2023, and a lot of people are still figuring out what that actually means. The short version is this: legal does not mean anything goes. There are hard limits and situations where you can still face criminal charges. Some of these catch people off guard all the time. Our Centreville, MD drug crimes defense lawyer tells you what you need to know heading into 2026.

Marijuana is Legal, But There Are Limits

Adults 21 and older in Maryland can legally possess up to 1.5 ounces of cannabis flower, up to 12 grams of concentrated cannabis, and cannabis products containing up to 750 milligrams of THC. You can also grow up to two mature plants at home for personal use, as long as they are out of public view and not accessible to anyone under 21.

Buying from a licensed dispensary is the only legal way to obtain it commercially. Those are the rules. Stay inside those lines and you are in good shape.

What Happens After You Get Arrested in Annapolis?

2026-02-11 00:00:00

Getting arrested can be downright terrifying. If this is your first time being involved with the criminal justice system, you may not know what to expect or what rights you have. From the moment police take you into custody until you appear before a judge, you need to know what happens next.

The most important thing to understand if you get arrested in 2026 is that having a good Annapolis criminal defense attorney really matters. The quality and commitment of your lawyer can make the difference between going to jail and getting charges reduced or even dropped.

What Happens During Booking and Processing?

After police arrest you, they will transport you to either the Annapolis Police Department or a central processing facility. This is where the booking process begins. Booking is the official procedure where the police record your arrest and get information about you.

Is It Legal To Record Conversations In Maryland?

2026-01-31 00:00:00

Smartphones make it easy to record conversations with the touch of a button. However, just because technology allows you to record someone does not mean Maryland law says it’s legal. Maryland has some of the strictest recording laws in the country. Recording conversations without proper consent can result in serious criminal charges, including felony prosecution.

People often find themselves unexpectedly facing criminal charges after they have recorded someone they’re in a personal or business relationship with doing something dishonest. But just because the other person is doing something wrong doesn’t give you permission to record them – and you might pay a price for it.

Our Centreville, MD criminal defense attorneys are here to help with these and any other charges you may face in 2026. We have over 50 years of combined experience. Call us today.

When Is Fleeing The Scene Of A Crash A Felony Crime?

2026-01-14 00:00:00

It is easy to panic if you are in a car crash that might have seriously injured or killed the other driver. You do not know how to handle the situation, and your first instinct may be to get away as fast as you can.

Leaving the scene of an accident, also known as a hit-and-run, is a criminal offense. If you leave the scene involving serious bodily injury or a fatality, you may have committed a felony crime. If you are facing charges in 2026, you need the help of an Annapolis, MD criminal defense attorney who takes serious traffic violation cases. Call Henley & Henley, Attorneys at Law today at 410-280-0530.

What Does Maryland Law Say About Leaving The Scene Of A Crash?

Maryland Transportation Code Section 20-102 requires drivers involved in crashes to remain at the scene until they complete certain legal obligations. These include:

Can I Use Self-Defense To Fight a Murder Charge in Maryland?

2025-12-30 00:00:00

As of 2025, Maryland law still allows self-defense to be raised in very serious criminal cases, including murder charges. However, these cases are highly fact-based and often misunderstood. If you or someone you care about is facing a murder charge, our Centreville, MD murder defense lawyer can help explain how self-defense works and whether it may apply.

What Does Self-Defense Mean in a Maryland Murder Case?

In Maryland, self-defense is recognized through court decisions rather than a single statute. In simple terms, self-defense allows a person to use force if they reasonably believe they are in immediate danger of being killed or seriously injured.

To use self-defense in a murder case, the focus is on what the person believed at the moment force was used and whether that belief was reasonable under the circumstances. The law looks at the situation as it appeared at that time, not with hindsight.

Maryland DUI Breath Tests and Sleep Apnea Errors

2025-12-12 00:00:00

Suppose you are a Maryland driver who is stopped on suspicion of DUI. Since you have not been drinking or have only had a small amount of alcohol, like one beer, you do not hesitate to agree to a breathalyzer – the Intox EC/IR-II, which is the primary breathalyzer used in the state. You assume you will be immediately cleared and sent on your way, but the machine prints out a BAC far higher than you expected.

If you have a medical condition known as sleep apnea, you should know that this condition can disrupt normal airflow, creating "spike" readings on the breathalyzer. According to the American Medical Association, sleep apnea is extremely common across the United States, affecting one-third of all adults. Unfortunately, the condition is largely undiagnosed, with up to 80 percent of moderate to severe cases going undetected.

Does Pointing a Gun Count as Assault Under Maryland Law?

2025-11-29 00:00:00

A 77-year-old man was recently charged with assault after threatening an Amazon driver with a gun. The Amazon driver was attempting to deliver packages in Lothian. As he was beginning to leave the property after leaving a package, a man standing in the driveway pointed a shotgun at the delivery driver and said, "Put your hands up." The man then told the driver that if he ever returned to this address again, he would shoot him, and that he would shoot his tires if he continued to "speed" in the area.

The elderly man was charged with first-degree assault, second-degree assault, and reckless endangerment. Most people assume that the crime of assault requires some level of physical contact, like hitting, kicking, or otherwise injuring someone. But under Maryland law, assault can be committed without ever touching another person.