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13 results for 'Justin Brown'

Fourth Circuit Disappoints in Whiteside

By Justin Brown, published on Jan 4, 2015

As issue was whether Whiteside could obtain relief from a sentence in which he had been wrongly classified as a career offender. The panel held that he could not get relief because his petition was filed too late.

The ruling could affect hundreds of defendants who were classified as career offenders based on a prior conviction in Maryland for second-degree assault, an offense that is no longer considered a career-offender predicate. The dissent called the ruling "unjust" because, even though the court agreed that Whiteside had been wrongly sentenced to an excessive period of... (more)

Tags: attorney

ACLU Files Amicus in Firm's Stingray Case

By Justin Brown, published on Dec 11, 2014

The ACLU has filed a amicus brief in a case being handled by the Law Office of C. Justin Brown. The case, United States v. Harrison, presents a cutting-edge legal issue: whether Baltimore City Police violated the defendant's Fourth Amendment rights when it used a Stingray device to track his phone. (Click HERE to read more.)

Stingrays, also known as cell site simulators, are an emerging technology that allow law enforcement officers to locate cellular phones and even retrieve information from the phones. The technology is intrusive, meaning it disrupts the normal functioning of... (more)

Tags: attorney

DUI Along with Your Friends

By Justin Brown, published on Jul 17, 2014

Truer words couldn't be spoken. It's a genuine friend who acknowledges that it'd maintain their needs when they got a taxi or discovered another way home, and that their buddy isn't in a situation where they could safely run an automobile.

But to intervene may also be a difficult question. Once they've had too much everyone reacts, and that you don't wish to wind up offending someone. However, you've got to baltimore dui attorney accomplish anything to prevent a possible crash. Here are suggestions and some ideas for ways to get these secrets from your friend.

1.... (more)

Tags: attorney, baltimore, lawyer, dui

Things to consider while hiring a DUI Lawyer

By Justin Brown, published on Jul 16, 2014

If you have also made the mistake of driving under the influence of alcohol and have been caught by the local police then you should seek a good lawyer in your locality that can help you out by representing your case in the court. The lawyer you are going to choose must have his office in your locality so that he will be able to be at your assistance in a short period of time. For example if you are a resident of Baltimore then you should go in for hiring a DUI lawyer would be a good choice for you.

Other factors that should be kept in mind while hiring a lawyer in this... (more)

Tags: baltimore, lawyer, dwi, dui

DUI, DWI, and DUI per se

By Justin Brown, published on Jul 4, 2014

Baltimore DUI Lawyer

Almost everyone knows what a DUI is—it stands for driving under the influence of alcohol. However, most people charged with a DUI are surprised to see that, usually, they are also separately charged with DUI per se and DWI. This summary should help explain the differences between these three charges.

Keep in mind that the specific evidence needed to prove all three charges varies with each case, so it is important to consult an attorney to look at your facts. It is always possible that the police officer messed up technical requirements, and,... (more)

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Whiteside: New Relief for Career Offenders

By Justin Brown, published on May 20, 2014

A recent Fourth Circuit opinion gives some needed relief for a limited class of federal inmates. Whiteside v. United States opens the door for convicted defendants to bring post-conviction claims, under 28 U.S.C. § 2255, based on their erroneous classification as career offenders. This is likely to have the most impact on individuals who were sentenced as a career offender based on Maryland second degree assault.

Criminal Attorney Maryland

Criminal defendants with two prior qualifying convictions – for a serious drug felony or a crime of violence – are subject to the “career... (more)

Tags: law

Federal Drug Offenders’ Sentence Reduction

By Justin Brown, published on Mar 19, 2014

The U.S. Attorney's Office in Baltimore (and other offices around the county) has announced a new policy, effective March 13, in which certain drug offenders will receive a 2-level downward departure on the drug quantity chart. This is fantastic news and it aligns with imminent changes to the U.S. Sentencing Guidelines. Statistically, this amounts to shorter sentences by about 11 months per drug offender. The move is largely in response to overcrowded federal prisons, which are predominantly filled by drug offenders, and a sense that some drug sentences are simply too long. The first defendant... (more)

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Guilt by Association

By Justin Brown, published on Mar 17, 2014

It is a sad state of affairs when Debo Adegbile cannot be confirmed to head the Justice Department’s Civil Rights Division. The Senate last week rejected his appointment – after President Obama nominated him.

What is sad is the reason why he was not approved, despite his stellar credentials. He was not approved because, when he was head of the NAACP legal defense education fund (the same post Thurgood Marshall once held), the NAACP took up a controversial cause. The NAACP provided post-conviction representation to Mumia Abu-Jamal, who was convicted by a Philadelphia jury of murdering... (more)

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Smarter Sentencing Act Passes Major Hurdle in Congress

By Justin Brown, published on Feb 2, 2014

The Smarter Sentencing Act, which passed the Senate Judiciary Committee, would take some of the sting out of federal drug sentencing. It would do so in three ways:

First, it would expand eligibility for the drug “safety valve” so that people with some criminal history – up to Guidelines Category II – would still be eligible. Under current law, a defendant must be in Category I to benefit from the “safety valve.” Under the new law, if passed, someone could have a serious conviction on their record and still be eligible. The “safety valve” is critical to many defendants because a) it lowers... (more)

Tags: sentencing

Federal Drug Sentence Reduction Possible in Spring

By Justin Brown, published on Jan 25, 2014

The Federal Sentencing Commission has recommended a change to the Sentencing Guidelines that could shorten drug sentences by an average of 11 months. This proposal is yet another indication that lawmakers and policymakers are starting to realize that federal drug penalties are way too long and need to be reigned in.

The Commission's recommendation is not yet in effect. It still has to pass the Commission's approval process and get the thumbs up from Congress -- something that could happen this Spring. Based on the current political climate in Washington, all of this seems possible.... (more)

Tags: drug, federal, sentence

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