Legal Question in Criminal Law in Maryland

Over the July 4 weekend I was charged with illegal possesion of fireworks in MD after being in the same area where fireworks were discharged late at night. The police did NOT find any fireworks or similar explosives on my person or my friends (only some of whom were charged) yet still fired the citation against me. From what I found online, the max penalty for this in MD is a $250 fine but since I don't think the Police have any evidence to properly convict me do you think I should plea Not guilty and put the onus of conviction on them? If convicted of such a small (in my mind at least) midmeanor, would this be on a lifetime criminal record?


Asked on 8/30/10, 6:12 pm

2 Answers from Attorneys
William Welch William L. Welch, III Attorney

Even if the court convicts, you may ask for probation before judgement, which withholds entry of the conviction. You could also appeal to circuit court, if the district court refuses to offer pbj after trial.

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Answered on 9/04/10, 6:23 pm
Jason Cleckner Law Office of Jason Cleckner, LLC

Well, they will probably use a theory of constructive possession to say that everyone nearby had possession of the items. This is common in drug cases. But you almost definitely should plead not guilty and conduct an extensive cross-exam on the cops to prove that they have no idea whether you possessed anything. I assume it was at night, they probably couldn't pick you out of a lineup, etc.

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Answered on 9/04/10, 8:03 pm


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