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When you are involved in a criminal case in Maryland, one of the elements that will determine the outcome of the case is the burden of proof. In line with your constitutional rights, anyone who is charged with a crime is presumed innocent until they are found guilty in court. In order to get that guilty conviction, the side of the prosecution has to satisfy the burden of proof. What does that mean?

The Burden of Proof 101

The burden of proof is used in criminal law to describe the standard that is used to determine whether or not a criminal charge is appropriate. The prosecution must meet this standard beyond a reasonable doubt, otherwise, the criminal charges are not justified. The burden of proof is argued in front of a judge or judge and jury depending on the format of the trial.

What Does ‘Beyond a Reasonable Doubt’ Mean?

You’ve probably heard the phrase ‘beyond a reasonable doubt’ before, and it’s used to describe the burden of proof standard in a criminal case.  Simply wondering if someone is guilty is not enough. The evidence that is provided by the prosecution needs to make it so that a reasonable person would see that the defendant is clearly guilty.

It is important to note that reasonable doubt does not require removing all doubt. There is no burden of ‘absolute certainty’ required. Working with an experienced attorney is the best way to ensure that you are able to satisfy the needs of the court.

Is Burden of Proof the Only Standard of Proof?

Some people are so used to hearing about the burden of proof that they assume it is the only standard of proof. However, there are other standards that might be used throughout a criminal trial. Some of the other standards of proof that could be used include:

• Reasonable suspicion, which is used in cases where the judge is determining whether or not a law enforcement search that led to an arrest was performed lawfully
• Probably cause, which is a standard implemented in cases where law enforcement must have met a certain standard before getting a warrant, performing a search, or making an arrest

Contact Mobley & Brown, LLP for Help With Your Criminal Law Case

If you are concerned about your criminal case and want to make sure that you are prepared for court, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Nobody wants to think about what will happen when they are no longer here, but waiting to make decisions and plans can leave your loved ones without the guidance that they need. One of the many important things that you will need to choose is an executor for your will. The executor will be responsible for performing a broad range of legal tasks, including distributing assets and selling off properties to pay creditors. What are some of the things you should consider when choosing your executor?

Choose Someone Responsible

While creating a will can be emotional, as you want to think about what you are leaving behind to the people that you love, the decision of who your executor will be should be practical. You want to choose someone who is responsible and whom you can completely trust to carry out your wishes and take care of estate matters. The executor will have to make hard decisions, stay extremely organized, and work until everything is taken care of. If you do not think that anyone in your family is up to the task, remember that you can always name an attorney as your executor.

Think About Finances

Finances are a sensitive subject for many people, but they are another critical consideration when choosing an executor. If the person has a very poor credit history or bankruptcies in the past, it might not be easy for them to get bonded. Bonding is one of the types of insurance that courts require to make sure that the executor is spending money properly. Bonding companies are very hesitant to bond people with poor financial histories, so the court may not accept your executor nomination.

Choose a Co-Executor

It is important to update your will as circumstances in your life change, but we also recognize that many people create only one will in their lifetime. As a result, you should also name some co-executors that will be able to serve if the executor is unable to do so. It’s a good idea to choose someone who is younger that will likely outlive you. You don’t have to name a specific person for this, as adding a mechanism in your will is good enough. For example, “My Successor Co-Executors will be any of my children who are 35 years or older at the time of my passing.”

Contact Mobley & Brown, LLP for Help With Your Estate Planning

When you are preparing the legal documents that represent your last wishes, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Many accident or malpractice victims are aware of the terms “pain and suffering” in a legal context, but there is a great deal of confusion around what counts as pain and suffering and what juries can award. What are some of the basics of this type of damage, and how can pain or suffering be calculated?

Damages in a Personal Injury Case

When you are asking for some forms of damages during your personal injury lawsuit, they will be easy to calculate. For example, if you are asking for the jury to grant you damages for your lost wages or medical bills, the precise dollar amount of those can be calculated with relative ease. However, non-economic damages are harder to quantify, which is part of why it’s so important to work with an experienced attorney.

Maryland law asks juries to consider the plaintiff’s damages based on the specific situation, not in broader and more general terms. In other words, instead of considering the fact that someone had three surgeries to recover from an accident, the jury should think about that person’s specific suffering and not the suffering of someone in a hypothetical situation who received the same surgeries. Your pain and suffering damages will be uniquely yours.

The Types of Pain and Suffering

The law will consider two different types of pain and suffering, physical and mental. Physical pain and suffering include the pain associated with the physical injuries that were sustained during the accident. Importantly, it does not just include pain or discomfort in the immediate aftermath of the accident. Instead, it also considers the pain and suffering that might be faced in the future due to your physical injuries.

Mental pain and suffering can touch on a broad variety of mental health challenges and conditions, including anxiety, PTSD, insomnia, depression, shock, loss of enjoyment, fear, and more. Your mental suffering includes any negative emotions that you feel due to your accident.

How Are Pain and Suffering Damages Calculated?

Your attorney at Mobley & Brown, LLP will be able to guide you through the process of calculating pain and suffering. This process is not easy, as there is no one-size-fits-all answer. Some of the things that will be considered when calculating pain and suffering damages include:

• What injuries you experienced
• The severity of your pain
• How long the pain has lasted or will last
• Potential issues that you may face in the future due to the injury or accident
• How the injuries and their impacts have affected your quality of life, including things like your ability to participate in hobbies or sports
• What evidence you have that you have experienced a decreased quality of life, pain, or suffering
• Support from medical providers and other individuals as to your claims

Because every case is unique, working with an experienced attorney can make a big difference in your outcome.

Contact Mobley & Brown, LLP for Help With Your Personal Injury Claim

When you are suffering in the aftermath of an accident, it can be overwhelming to know where to turn. Working with the right attorney can make the claims process easier and make sure that you receive what you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Being suspected of a DUI or DWI can do serious damage to your reputation, your career, and your record. While there are multiple tests that are used to gauge whether or not someone is intoxicated, they are not foolproof. What are some of the things that can lead to a false positive result on a breathalyzer or breath test?

What Is a False Positive?

Before reviewing the reasons, it’s important to understand what a false positive breathalyzer test is. There are two different breath tests that are commonly used by the police, portable breath tests (PBTs) and more complex breath tests that can be used at the police station. A PBT is typically done on the scene and the second breathalyzer will be given at the police station depending on the results of the first. Both tests have known quirks that can lead to a false positive, or an indication that you are intoxicated when you are not.

The Presence of Residual Alcohol

The breathalyzer test is designed to determine how much alcohol is in the air that you exhale from your lungs for the most accurate result. However, it also goes through your mouth. If you have an elevated level of alcohol in your mouth despite not consuming alcohol, you could get a false positive result. Some medications and foods that can lead to an error include:

• Sugar-free gum
• Energy drinks
• Cough medications like Nyquil
• Kombucha or fermented teas

Another thing that can increase the odds of a false positive on your breathalyzer test is a large amount of dental work. Bridges and crowns in your mouth can trap alcohol if you don’t brush your teeth, which means that you could have residual mouth alcohol hours later.

Poor Calibration

Breath tests need to be properly calibrated in order to make sure that they are accurately measuring alcohol. The police officer and station should be performing routine maintenance on the tool in order to ensure it stays in good condition. However, some officers fail to perform maintenance and are using breathalyzers that are damaged.

Untrained Officer

Finally, anyone administering a breathalyzer test must understand how to do so properly. If the officer administering your test was not familiar with how to use the device properly, you could receive a false positive due to the unfamiliarity of the officer.

Contact Mobley & Brown, LLP for Help With Your DUI or DWI

If you feel that you have been falsely charged with driving while intoxicated or driving under the influence, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

The law is constantly changing, and it can be challenging to keep up as a Maryland resident. If you are on probation, there are a number of ways that you can violate your probation. In the state of Maryland, there are technical probation violations that can lead to serious consequences. What are some of the ways that you might violate the conditions of your probation?

8 Examples of Probation Violations

There are many different types of technical violations in the state of Maryland. These occur when you are not committing a new offense but instead violating one of the rules involved with probation. Some of these include:

• Not doing your court-ordered community service
• Missing an appointment with your probation officer
• Testing positive for alcohol or drug use
• Being late to an appointment with your probation officer
• Not completing a court-ordered substance abuse treatment
• Not paying restitution to victims
• Not paying court fines
• Not completing court-ordered anger management classes

It might seem like these are easy to avoid, but many complications can arise. For example, bad weather might lead to you being late for an appointment with your probation officer and put your freedom in jeopardy. Working with a lawyer is one way to avoid these probation violations and make sure that you are always in good standing

What Happens If You Violate Probation?

There are numerous different consequences for probation violations depending on the severity of the violation, the number of times that you violated in the past, and other factors. Your probation officer can decide to force you to appear in court and request a penalty from the judge for your probation violations. These violations might include jail time, a hearing, or simply a warning. If you are concerned that your probation officer might request a probation violation hearing due to your probation violations, it is critical that you contact your attorney as soon as possible to prepare.

Additionally, some Maryland judges will issue a no-bail arrest warrant if you violate your probation. This might lead to your detainment until a trial occurs, which could last for weeks or months. It’s critical to communicate immediately with your lawyer and your probation officer.

Contact Mobley & Brown, LLP to Avoid Probation Violations

If you are concerned about probation violations, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

As an employer, it’s critical that you understand the difference between independent contractors and employees. While it might seem trivial, this distinction makes a massive difference in the tax filing process and what wage and employment laws apply to different employees at your business. What are some of the differences between the two, and how can you tell which one you are employing?

How Work Is Done and What It’s Done With

One key difference between independent contractors and employees is how work is performed and what is performed. In most cases, an employer and employee relationship can be established when you are dictating and directing the person performing the services in what needs to be done, what means are used to accomplish the goal, and how it should be done. In other words, you are not just telling the worker what needs to be done, but how it must be done.

For example, a restaurant wants to have its bartenders be considered independent contractors. If the restaurant wants to set working hours, provide all the equipment used, require the bartenders to wear uniforms, and require them to attend staff meetings, they have employees instead of contractors.

The Type of Wage Paid

The lines between independent contractors and employees can become blurred when thinking about how wages are paid, but it is one good way to provide yourself with a benchmark for how you are classifying employees. Most employees are paid a flat wage per hour of work or a salary. Even if you also give commissions and bonuses, this type of payment is considered an employee-and-employer relationship by the IRS.

For independent contractors, payment is generally a set rate after a task or job is completed. This rate could be a certain amount per hour that is billed to the company, or it could be a flat rate for the specific project.

Who Pays Expenses

If you employ someone, you will provide employees with the resources that they need to get the job done without paying for them out-of-pocket. If an employee does buy something out-of-pocket, it’s reimbursed. Independent contractors are required to cover their own expenses throughout the course of the project. For example, if someone is making a wood bench for your lobby, they will cover the cost of woodworking materials, the wood itself, and any tools required to finish the job. You will pay the independent contractor for the finished project. However, if this was an employee, you would supply them with the machinery, tools, wood, and all other supplies to finish the job.

What Happens If You Misclassify a Worker?

Misclassification is a serious risk, and it’s become more common with the flourishing of the gig economy and more businesses working with freelancers and independent contractors. Some of the consequences of misclassification include:

• Wage law violations
• Tax penalties
• I-9 violations
• Shortfalls in unemployment insurance
• Lawsuits due to exclusion from benefit plans
• Worker’s compensation violations
• FMLA Act violations
• WARN Act violations
• And more!

We can help you make sure that your business is following all classification rules.

Contact Mobley & Brown, LLP for Help With Employment Law

If you are a business and concerned about misclassification of independent contractors or employees, we are here to help. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

When you are pulled over for a DUI stop in Maryland, it’s easy to panic, regardless of whether or not you have been drinking. Understanding your rights in a DUI stop is essential to ensure that you do not unintentionally reveal information or imply fault. We can help you protect yourself and avoid jeopardizing your case.

You Have the Right to Remain Silent

Almost anyone who has watched television and movies has heard about the “right to remain silent,” and it is one of your rights in a DUI stop. This right is protected by the fifth amendment of the United States Constitution, which gives you protection against being compelled to say things that might incriminate yourself. It’s important to know that this right to silence is not the same as a right to being silent at all times. You must invoke your right to silence—you cannot simply stay silent. How can you invoke this right?

• “I will not speak until I have the opportunity to speak to my attorney.”
• “I am invoking my Miranda”
• “I am exercising my right to remain silent.”

You Have the Right to Avoid Unreasonable Search and Seizure

Another one of your rights in a DUI stop is granted by the fourth amendment, the protection against unreasonable search and seizure. This means that you do not have to voluntarily submit to the police searching your car. However, particularly in a DUI, the police can search without a warrant if there is evidence of a crime in plain view. For example, if you have a visible bottle of wine or an open container in the car, the police do not need your permission or a warrant to complete a search.

You Have the Right to Refuse Field Sobriety Testing

You do have the right to refuse to submit to testing, including blood testing, breath testing, and field sobriety testing. However, before you act on this right, it’s important to understand that it does not come without consequences. First, if the police want to test you, they can obtain a warrant for your blood test results. Additionally, if you refuse testing, the police officer will take your Maryland license, give you a paper temporary license, and create a case for the MVA to review. As a result of your refusal, you may receive a 270-day license suspension or 2 year license suspension for a second or subsequent offense.

Contact Mobley & Brown, LLP to Protect Your Rights in a DUI Stop

If you want to make sure that your family and friends receive your assets as soon as possible after passing, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Every patient wants their private health information to stay private, and most understand that HIPAA is one of the ways that can be ensured. However, there are many HIPAA myths that distort the truth about what a HIPAA violation is and when your right to privacy has been violated.

Myth: Patients must sign an authorization or give specific consent when a healthcare provider releases information to another healthcare provider for the purpose of treatment or payment.

This is one of the more common HIPAA myths, as HIPAA does not require patients to give formal written permission for doctors to be able to disclose protected health information (PHI) to another provider for the purpose of treatment or payment. However, the patient’s identity will need to be verified to avoid the wrong person getting access to the information. This verification can be done using the last four digits of your SSN, address, or date of birth.

Myth: Sign-in sheets at medical offices and calling a patient by their first and last name in front of other patients in a waiting room are HIPAA violations.

No, this is another one of the HIPAA myths that some patients mistakenly believe. As long as a sign-in or registration sheet does not have more than the minimum of information to accurately call and identify a patient for their appointment, it is not a HIPAA violation. Things like the name of the patient (first and last), appointment time, and doctor you are seeing are all reasonable questions to ask. However, asking you to write down the reason for your appointment or your phone number and email address would be inappropriate. Additionally, using the first and last name is common practice for names that are common or that sound similar to other names.

Myth: Telehealth providers are not subject to HIPAA.

There has been a big push toward telehealth over the past couple of years, and that has led to even more HIPAA myths. HIPAA rules still do apply to all telehealth services, but some companies have put into place COVID-19 exception regulations that allow certain providers to use non-HIPAA programs to offer healthcare services. What does this mean? You may technically receive services over a platform that is not HIPAA-compliant, like FaceTime or Skype, but not over an app that is public-facing like Twitch or TikTok.

Contact Mobley & Brown, LLP for Help With Your Privacy

If you want to ensure that your rights are not violated during the process of receiving medical care, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

If you are pulled over by a law enforcement officer and charged with a DUI, it’s critical that you understand your rights. In some cases, law enforcement mistakes result in innocent people being charged with a DUI and paying the price. What are some of the most common errors that are made during DUI investigations and arrests that might help your case?

No Reasonable Grounds You are Violating the Law

In order to pull your vehicle over, the police officer must have reasonable grounds you are violating a law. For example, if you are driving home from work at 2:30 AM, it is not suspicious to be driving. However, if you did not have your headlights turned on and were driving at 2:30 AM, that could be a cause for suspicion.

Not Wearing a Uniform in an Unmarked Vehicle

Another one of the most common law enforcement mistakes is an off-duty police officer not in uniform and driving an unmarked vehicle making the stop. Police officers driving unmarked cars in Maryland must use both lights and sirens to alert the driver. If the officer didn’t do so, you may have been wrongly stopped.

Not Administering Your Field Sobriety Test Properly

There are multiple types of field sobriety tests that can be administered to determine whether or not someone is driving under the influence. One of the common law enforcement mistakes during a DUI arrest is not administering them properly. If you suspect that your test was not done in accordance with standard operating procedure, your attorney can help you determine whether or not a failure to properly administer your test could help your case. This is particularly common with breathalyzer analysis.

Failure to Record What Occurred

In today’s day and age, every police officer has access to a dash cam and almost every police officer is also wearing a body cam. If there is no video tape or footage available from your arrest, it might be a serious one of the potential law-enforcement mistakes. There is no legal requirement to have a video of what occurred, but without that evidence, there is plenty of room for doubt. Additionally, you might be surprised to know that all police officers do not properly complete their field notes. We know how to read and analyze field notes to determine whether or not a police officer is telling the truth, exaggerating what occurred, or improperly cataloging their activities. A typed report that was written one week after the arrest is no substitute for field notations.

Contact Mobley & Brown, LLP for Help Understanding Your DUI Case

If you have been arrested or charged with DUI, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Anytime a loved one passes away, there are many tasks that need to be taken care of. While there are plenty of more obvious ones, like organizing a funeral, there are others that many people forget about or don’t even realize are required in the first place. One such thing is probate. What is the probate process, and why does it take so long?

Why Does the Probate Process Take So Long?

There are many different reasons why your loved one’s estate might be stuck in probate for many months or even years, including:

• Paperwork: There is a great deal of paperwork involved in the probate process, and all of the paperwork comes with tight deadlines and very strict expectations. This is one of the biggest reasons why people work with an attorney to make the process easier to complete.
• Court Caseload: While things are not as backed up today as they have been in the past, many courts have extremely high caseloads, and your probate case might simply get stuck in the stack for a while. This extends the probate process and makes it harder to finish everything, as you cannot rush the court.
• Complexity: If the estate you are trying to get through the probate process has a large number of assets, a complex variety of assets, or things that might make it harder to tackle than the average case, it will take longer than a simpler estate.
• Challenges: If there are any challenges to the will or estate from beneficiaries, heirs, or people who believe that they should’ve been named beneficiaries, the probate process can take years. Just like court caseload, there is not necessarily a way to accelerate this after someone has passed, as all of the estate planning is already set in stone at that point.
• Creditor Notifications: If the decedent had creditors, the executor of the will will notify them and give them a timeframe during which they have to submit any claims for unpaid debts. Because this is multiple months long, the probate process will have to last at least that length of time.

Is There Any Way to Avoid Probate?

Yes! One of the easiest ways to avoid the probate process is with a trust. Trust administration takes only a few months, compared to the few years that can be involved with the probate process, and it also has lower costs to complete. We can help you determine what estate planning method is right for your needs.

Contact Mobley & Brown, LLP for Help With Estate Planning

If you want to make sure that your family and friends receive your assets as soon as possible after passing, contact Mobley and Brown, LLP today. We are committed to using our experience along with facts from your specific case in order to achieve the result you deserve. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.