Legal Question in Constitutional Law in Maryland

Re: police offerciers statement

Yes, it was legal for the charges to be filed even though your son wasn't pulled over and even though they were filed several days after he was seen driving. Most criminal charges are brought this way and there is no reason moving violations should have different requirements. The fact that such charges usually follow traffic stops does not mean that they always must.

It seems likely that the officer wasn't on duty when he saw your son and/or that he wasn't in a position to chase him and pull him over. There is no reason someone a police officer sees breaking the law should be able to get away with it just because the officer can't apprehend him right away.

It is also possible that the officer who recognized your son didn't know at the time that his license had been suspended and only found out later. If this is what happened then the officer would have had no reason to pursue him at the time.

I suppose you're right that "anyone can say they saw somebody doing something and charge them weeks later", but this is true of all crimes and infractions. There is no reason this possibility should prevent the filing of charges.

Re: police offerciers statement

Your son may be found guilty upon the officer's testimony alone. The time between writing the ticket and the the offense may be explained by the officer but it appears that the officer did not know your son personally.

Your son faces criminal charges as well as action by the Department of Transportation, Motor Vehicle Administration. Each process is independent and it is important that he is represented in whichever proceeding comes first.

Driving on a suspended license carries 12 points. This may lead to revocation of his driving privilege. Much of this depends upon the basis of the original suspension.

Your son should be represented as the ramifications can be substantial. Contact an attorney for assistance.