Friday, November 28, 2014
The Lawyer's Mailbox: JUDGE versus JURY DUI TRIALS: Maryland Defense Att...
The Lawyer's Mailbox: JUDGE versus JURY DUI TRIALS: Maryland Defense Att...: www.CharlesJeromeWare.com Clients frequently ask about the advantages and disadvantages, and defense attorneys are frequently called upon t...
www.CharlesJeromeWare.com
Clients frequently ask about the advantages and disadvantages, and defense attorneys are frequently called upon to advise our clients concerning the choices, of judge versus jury DUI trials.
First of all, it can and frequently does matter whether a particular DUI case is litigated before a judge only (aka, a bench trial) or a jury (allegedly of your peers in the community). It depends, of course, upon a number of factors: the specific judge, composition (race, color, gender, past experiences, ages, et al.) of the jury, factual circumstances of the case, etc.
A. In your selection process and thinking, consider the following:
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.
Clients frequently ask about the advantages and disadvantages, and defense attorneys are frequently called upon to advise our clients concerning the choices, of judge versus jury DUI trials.
First of all, it can and frequently does matter whether a particular DUI case is litigated before a judge only (aka, a bench trial) or a jury (allegedly of your peers in the community). It depends, of course, upon a number of factors: the specific judge, composition (race, color, gender, past experiences, ages, et al.) of the jury, factual circumstances of the case, etc.
A. In your selection process and thinking, consider the following:
- when defendants elect jury trials, there’s a tendency for the state to send a more experienced prosecutor against you than if the case were in front of a judge only (bench trial);
- the rules of evidence are technical and complicated and a judge, resenting the time and trouble caused by jury trials, may insist on a strict following of the rules – something that could be hard to do if you’re representing yourself (pro se);
- you’re dealing with a jury, 6 to 12 people (usually all drivers) who are probably unhappy to be in court and who may be impatient with a DUI or a reckless driving defendant with a tenuous claim; and
- a jury trial tends to last longer than a non-jury trial, thus raising legal costs; etc;
- just as jurors may be unsympathetic to tenuous driving charges, they also may feel victimized by the traffic court system. In other words, if you make a really convincing presentation, a jury is probably more likely than a judge to side with you,
- a jury trial may be a better choice if you face especially serious consequences from a guilty verdict—like the risk of losing your license or an astronomical increase in your insurance premiums. Because the penalties are so high, it may be better to gamble on the whims of a jury, than rely on a more hardened judge, and
- jury trials are time-consuming for you, judges, prosecutors, and the police. This means once you ask for one, the system has some incentive to settle your case without going to trial. Deals can take many forms, depending on the situation. For example, if you are charged with speeding and running a stop sign, the prosecutor might offer to drop one of the charges if you plead guilty to the other.
B. Additionally, consider the following: - the format of a jury trial is similar to a formal nonjury trial except for one huge difference: You must participate in the process of choosing a jury, and
- don’t assume that because you demand a jury trial you must be convicted by the vote of 12 unanimous jurors. In traffic cases, some states provide for eight-member, six-member or even four-member juries. And other states allow jurors to reach a verdict on a 5–1 or 10–2 vote. Check with the court clerk for your state’s rules.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.
DUI ARRESTS vs. DUI CRASHES: MARYLAND & D.C. "BEST 10" DUI & DWI ATTORNEY CHARLES WARE
www.CharlesJeromeWare.com. "Here to make a difference."
Question: Which U.S. holiday statistically has the most recorded DUI's each year?
Answer: New Year's Eve.
Question: Which U.S. holiday statistically has the most recorded DUI-related deadly vehicle crashes each year?
Answer: July 4th.
[http://thelawdictionary.org/article; for informational purposes only]
New Year's Eve is more than just the last day of every year; it is also the holiday with the most arrests made by law enforcement agencies across the United States for suspected drinking and driving. This dubious distinction, however, does not extend to fatal crashes related to driving under the influence (DUI). According to data collected and compiled by the National Highway Traffic Safety Administration (NHTSA) from 2000 to 2009, the Fourth of July is the deadliest U.S. holiday with regard to DUI.
I. ARRESTS vs. CRASHES
Some holidays yield larger numbers of DUI and DWI arrests and citations across different jurisdictions. For example, in the Maryland and Washington, D.C. metropolitan area, citations are generally greater on New Year's Eve, but deadly vehicle crashes involving blood alcohol content (BAC) levels higher than the law allows are more likely to occur on July 4th. Interestingly, the day thanks, "Thanksgiving," has also figured prominently as a day of DUI crashes in recent years. In fact, Thanksgiving has also steadily edged upward past New Year's Eve in DUI-related deadly crashes.
Three and four-day weekends are also influential in the number of DUI arrests made.
II. Influencing Factors
A great number of DUI arrests made during New Year's Eve are the result of saturation patrols and checkpoints or roadblocks, which may or may not have been divulged to the public beforehand (but should have been by law).
The constitutionality of these roadblocks has been challenged many times; the Supreme Court of the United States has stated that these checkpoints are unconstitutional but lawful because they serve the noble purpose of combating drunk driving. The problem with the Supreme Court's rationale is that roadblocks seem to boost DUI arrest levels but appear to do nothing to reduce the number of fatal car crashes involving alcohol.
It is not surprising that the Fourth of July in Maryland and D.C. is deadlier than New Year's Eve in terms of DUI. This area is populous state and has a strong sense of car culture and plenty of public outdoor areas.
A typical Fourth of July celebration involves grilling and cold beer during a softball game before night falls and the fireworks start. Police resources are more likely to be utilized to prevent public disturbances at crowded events than on highways during the Fourth of July; this may explain the lower DUI arrests but higher rate of fatalities.
III. ABOUT ATTORNEY CHARLES WARE
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.
Question: Which U.S. holiday statistically has the most recorded DUI's each year?
Answer: New Year's Eve.
Question: Which U.S. holiday statistically has the most recorded DUI-related deadly vehicle crashes each year?
Answer: July 4th.
[http://thelawdictionary.org/article; for informational purposes only]
New Year's Eve is more than just the last day of every year; it is also the holiday with the most arrests made by law enforcement agencies across the United States for suspected drinking and driving. This dubious distinction, however, does not extend to fatal crashes related to driving under the influence (DUI). According to data collected and compiled by the National Highway Traffic Safety Administration (NHTSA) from 2000 to 2009, the Fourth of July is the deadliest U.S. holiday with regard to DUI.
I. ARRESTS vs. CRASHES
Some holidays yield larger numbers of DUI and DWI arrests and citations across different jurisdictions. For example, in the Maryland and Washington, D.C. metropolitan area, citations are generally greater on New Year's Eve, but deadly vehicle crashes involving blood alcohol content (BAC) levels higher than the law allows are more likely to occur on July 4th. Interestingly, the day thanks, "Thanksgiving," has also figured prominently as a day of DUI crashes in recent years. In fact, Thanksgiving has also steadily edged upward past New Year's Eve in DUI-related deadly crashes.
Three and four-day weekends are also influential in the number of DUI arrests made.
II. Influencing Factors
A great number of DUI arrests made during New Year's Eve are the result of saturation patrols and checkpoints or roadblocks, which may or may not have been divulged to the public beforehand (but should have been by law).
The constitutionality of these roadblocks has been challenged many times; the Supreme Court of the United States has stated that these checkpoints are unconstitutional but lawful because they serve the noble purpose of combating drunk driving. The problem with the Supreme Court's rationale is that roadblocks seem to boost DUI arrest levels but appear to do nothing to reduce the number of fatal car crashes involving alcohol.
It is not surprising that the Fourth of July in Maryland and D.C. is deadlier than New Year's Eve in terms of DUI. This area is populous state and has a strong sense of car culture and plenty of public outdoor areas.
A typical Fourth of July celebration involves grilling and cold beer during a softball game before night falls and the fireworks start. Police resources are more likely to be utilized to prevent public disturbances at crowded events than on highways during the Fourth of July; this may explain the lower DUI arrests but higher rate of fatalities.
III. ABOUT ATTORNEY CHARLES WARE
www.CharlesJeromeWare.com. "Here to make a difference." We can help you. Guaranteed.
Among his numerous other legal awards and honors such as "America's Best Attorneys and Counselors", U.S. Super Lawyer, "Top Lawyers in America", Top Attorneys and Counselors in the U.S., "Top Lawyers in Maryland", and winner of the national "Charles Hamilton Houston Award for Outstanding Litigation", premier criminal defense attorney Charles Ware is recognized and ranked by hi many satisfied clients as well as his legal peers as "One of the 10 BEST DUI and DWI Attorneys in the State of Maryland," as confirmed from research, surveys and other investigation by The American Institute of DUI and DWI Attorneys [AIDUIA] --- a respected national organization of trial lawyers.
Attorney Ware is also the founder and senior partner of the Maryland-based national business, criminal defense and civil trial law firm Charles Jerome Ware, Attorneys & Counselors, LLC. For an initial courtesy consultation, call Mr. Ware at (410) 730-5016 or (410) 720-6129.
Wednesday, November 26, 2014
D.C. AND MARYLAND COSMETIC SURGERY RISKS--SURGERY MALPRACTICE ATTORNEYS
www.CharlesJeromeWare.com. "Here to make a difference."
All surgical procedures carry some amount of risk.
When a patient undergoes surgery, they are typically informed about the inherent dangers associated with the procedure. In most cases, the surgeon and medical team performing the procedures are highly skilled, properly trained and experienced enough to perform the surgery without committing errors. But not all surgeries are successful, and in some cases, surgical errors lead to permanent injury or even death.
In this article, we'll spotlight a few key issues when it comes to medical malpractice lawsuits over elective or cosmetic surgery.
The general risks for all cosmetic procedures include:
(2) Rhinoplasty—The reshaping of the nose to make it bigger, smaller or to narrow the span of the nostrils or change the angle between the nose and upper lip. Specific risks include recurring nosebleeds, difficulty breathing through the nose and numbness in and around the nose.
(3) Breast Augmentation—The enlarging of a woman’s breasts using saline or silicone-filled implants. Implants can break or rupture and some women experience hardening of the breasts which may require additional surgery.
(4) Eyelid Surgery—Drooping upper eyelids and bags below the eyes are corrected by removing extra fat, muscle, and skin. Specific risks include retinal detachment and ectropian (drooping effect causing the lower lid to invert) which both require additional surgery to correct.
(5) Tummy Tuck—The abdomen is flattened and extra fat and skin is removed while abdominal muscles are tightened. Wound healing is extremely slow and permanent numbness of the abdomen may occur.
(6) Face Lift—Excess fat is removed and muscles are tightened before the skin is redraped, resulting in tighter skin on the face and neck. Injury to the nerves that control facial muscles, and skin discoloration may occur.
(7) Dermabrasion—Wrinkles and facial blemishes are rubbed out scraping away the top layers of skin, leaving softer and newer layers. The most common complication is the formation of keloid, a type of abnormal scar that results from excessive collagen production.
(8) Hair Transplants—A surgical procedure in which tiny patches of scalp are removed from the back and sides of the head and implanted in the bald spots in the front and top of the head. The major downside of this procedure is more cosmetic than health-related: the grafted area does not look the way the patient expected it to look.
(9) Breast Reduction—Both men and women may elect to have this procure. A condition called gynecomastia causes some men to develop breasts that resemble women’s. Women may choose to have breast reduction surgery to alleviate discomfort or to achieve a breast size in proportion with their body. The risks may include loss of sensation in the nipples and areola, scarring, the inability to breastfeed, and breasts may not be symmetrical in size and shape after surgery.
(10) Lip Augmentation—The surgeon hollows out a portion of the lip and inserts an implant to give the lips a more full appearance. The specific side effects of lip augmentation include lumping, scarring, numbness, cold sores, and asymmetrical lips.
The defense in a cosmetic surgery malpractice case is well aware of this fact, and will use it to minimize the pre-trial settlement offers. In these cases, an experienced medical malpractice lawyer can mean all the difference.
[For questions or an initial courtesy consultation, call nationally-respected and premier medical malpractice attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016]
All surgical procedures carry some amount of risk.
When a patient undergoes surgery, they are typically informed about the inherent dangers associated with the procedure. In most cases, the surgeon and medical team performing the procedures are highly skilled, properly trained and experienced enough to perform the surgery without committing errors. But not all surgeries are successful, and in some cases, surgical errors lead to permanent injury or even death.
In this article, we'll spotlight a few key issues when it comes to medical malpractice lawsuits over elective or cosmetic surgery.
A. Cosmetic Surgery Injuries and Errors:
It is estimated that there are over two million cosmetic surgeries performed each year in the United States and another 10 million minimally invasive procedures done.The general risks for all cosmetic procedures include:
- infection
- allergic reaction and other complications from anesthesia
- hematoma or blood clotting under the skin
- scarring
- drop in blood pressure
- necrosis (insufficient supply of oxygen causing death of tissue)
- nerve damage, and
- death due to severe complications
B. Popular Elective Surgery Procedures and Risks Include:
(1) Liposuction—The removal of fat deposits often performed on the abdomen, buttocks, hips, thighs, and upper arms. The risks of this procedure may include fluid loss, swelling, bruises, scars, and a numbing of the skin.(2) Rhinoplasty—The reshaping of the nose to make it bigger, smaller or to narrow the span of the nostrils or change the angle between the nose and upper lip. Specific risks include recurring nosebleeds, difficulty breathing through the nose and numbness in and around the nose.
(3) Breast Augmentation—The enlarging of a woman’s breasts using saline or silicone-filled implants. Implants can break or rupture and some women experience hardening of the breasts which may require additional surgery.
(4) Eyelid Surgery—Drooping upper eyelids and bags below the eyes are corrected by removing extra fat, muscle, and skin. Specific risks include retinal detachment and ectropian (drooping effect causing the lower lid to invert) which both require additional surgery to correct.
(5) Tummy Tuck—The abdomen is flattened and extra fat and skin is removed while abdominal muscles are tightened. Wound healing is extremely slow and permanent numbness of the abdomen may occur.
(6) Face Lift—Excess fat is removed and muscles are tightened before the skin is redraped, resulting in tighter skin on the face and neck. Injury to the nerves that control facial muscles, and skin discoloration may occur.
(7) Dermabrasion—Wrinkles and facial blemishes are rubbed out scraping away the top layers of skin, leaving softer and newer layers. The most common complication is the formation of keloid, a type of abnormal scar that results from excessive collagen production.
(8) Hair Transplants—A surgical procedure in which tiny patches of scalp are removed from the back and sides of the head and implanted in the bald spots in the front and top of the head. The major downside of this procedure is more cosmetic than health-related: the grafted area does not look the way the patient expected it to look.
(9) Breast Reduction—Both men and women may elect to have this procure. A condition called gynecomastia causes some men to develop breasts that resemble women’s. Women may choose to have breast reduction surgery to alleviate discomfort or to achieve a breast size in proportion with their body. The risks may include loss of sensation in the nipples and areola, scarring, the inability to breastfeed, and breasts may not be symmetrical in size and shape after surgery.
(10) Lip Augmentation—The surgeon hollows out a portion of the lip and inserts an implant to give the lips a more full appearance. The specific side effects of lip augmentation include lumping, scarring, numbness, cold sores, and asymmetrical lips.
C. Pre-Operative Evaluation:
Prior to performing any kind of surgery, a doctor should fully evaluate the patient’s current health and medical history, use of medications, alcohol, tobacco and their family history. Surgeons who perform elective surgery should also have a thorough understanding of the patient’s aesthetic goals.D. Liability of the Doctor:
Like any other health care professional, plastic surgeons must exercise a high degree of medical competency and care when treating patients. Failure to provide the level of skill, care, and treatment that a reasonable plastic surgeon would provide under similar circumstances may rise to the level of medical malpractice. This is defined as treatment that doesn’t meet accepted medical standards, and which causes injury to the patient. By law, a surgeon must disclose the most common known dangers of surgery and the likelihood that they will occur.E. Filing a Medical Malpractice Lawsuit:
Plastic surgery errors can leave a patient with lifelong complications. The victim may require numerous corrective surgeries and experience disfigurement, lost income, chronic pain and psychological difficulties. To successfully sue for medical malpractice, you must be able to show:- the existence of a surgeon/patient relationship
- that the surgeon failed to act with the level of skill and care that a reasonably competent surgeon would have provided under similar circumstances
- that the plaintiff suffered injuries as a result of that failure, and that
- the damages were caused by the breach of duty
F. The Statute of Limitations:
Every state has laws that limit the amount of time a plaintiff has to file a claim for damages. This is known as the statute of limitations, and the law varies in each state. Typically, the timeframe can range from one to five years from the time the medical malpractice occurred, or when the malpractice was discovered.G. Potential For Jury Prejudice in Cosmetic/Elective Surgery Cases:
While juries are instructed to follow the strict letter of law and available evidence when deliberating a case, it’s human nature to bring bias into the equation. When it comes to elective medical procedures, jurors may bring prejudice against the patient into the deliberation room. “She shouldn’t have done the surgery in the first place”, or “he didn’t need that procedure done”, or “this could have been avoided if she was happy with the body she had”. These are all common views that anyone might have about a patient undergoing plastic surgery. And anyone can become a juror.The defense in a cosmetic surgery malpractice case is well aware of this fact, and will use it to minimize the pre-trial settlement offers. In these cases, an experienced medical malpractice lawyer can mean all the difference.
[For questions or an initial courtesy consultation, call nationally-respected and premier medical malpractice attorney Charles Jerome Ware at (410) 720-6129 or (410) 730-5016]
THE DARK SIDE OF COSMETIC PROCEDURES: MARYLAND & D.C. AREA
www.CharlesJeromeWare.com. "Here to make a difference."
Cosmetic and plastic surgery procedures are enormously popular in the United States. But, they are in fact "surgery", and therefore subject to mistakes, risks, and complications. And, subject to emotional trauma and distress.
In Italy in 2013, about 16% of cosmetic and plastic surgery procedures had to be done again in order to repair the damage of previous operations. In about 32% of those cases, the patients returned to the same doctors who operated on them the first time, while the remaining 68% majority chose to opt for a different doctor. These figures are probably similar for the United States today, and we are talking about real doctors.
Cosmetic and plastic surgery procedures are not just about changing one's physical appearance, they are also ways to improve a person's self-image and increase their confidence. If a cosmetic or plastic surgery error compromises the patient's procedure, it can leave the victim with a physical handicap and in severe emotional and psychological distress.
Though enormously popular throughout the public --- and frequently chosen by the patient, electively --- cosmetic and plastic surgery procedures can have pitfalls. It is no accident that cosmetic and plastic surgeons actually pay more generally than the average doctor for malpractice insurance, since accidents can and do happen with these procedures.
Some of those accidents can include:
Excessive scarring. Cosmetic procedures are designed to minimize any evidence that the procedure has been done, but a miscalculation or imprecise work on the doctors part could leave you with visible or painful scars
Nerve damage. While plastic surgery is typically limited to the skin and fat cells beneath, mistakes can do permanent damage to the nerves at the surface, particularly in your face
Anesthesia errors. Your anesthesiologist needs to carefully measure your dosage of anesthetic throughout your procedure, or else you could wake up on the operating table or suffer brain damage from an overdose
Incorrect medications. After your surgery, your doctor will prescribe you medicine to help prevent infection and manage pain, but if they don’t make the right prescription, you can be put in danger or made to suffer unnecessarily
Wrongful death: In the worst case, a surgery gone wrong can put the body through severe trauma, even resulting in the death of a patient
[Charles Jerome Ware is a premier Maryland and D.C.-based medical malpractice attorney. If you have questions or desire an initial courtesy consultation, call him at (410) 720-6129 or (410) 730-5016]
Cosmetic and plastic surgery procedures are enormously popular in the United States. But, they are in fact "surgery", and therefore subject to mistakes, risks, and complications. And, subject to emotional trauma and distress.
In Italy in 2013, about 16% of cosmetic and plastic surgery procedures had to be done again in order to repair the damage of previous operations. In about 32% of those cases, the patients returned to the same doctors who operated on them the first time, while the remaining 68% majority chose to opt for a different doctor. These figures are probably similar for the United States today, and we are talking about real doctors.
Cosmetic and plastic surgery procedures are not just about changing one's physical appearance, they are also ways to improve a person's self-image and increase their confidence. If a cosmetic or plastic surgery error compromises the patient's procedure, it can leave the victim with a physical handicap and in severe emotional and psychological distress.
Though enormously popular throughout the public --- and frequently chosen by the patient, electively --- cosmetic and plastic surgery procedures can have pitfalls. It is no accident that cosmetic and plastic surgeons actually pay more generally than the average doctor for malpractice insurance, since accidents can and do happen with these procedures.
Some of those accidents can include:
Excessive scarring. Cosmetic procedures are designed to minimize any evidence that the procedure has been done, but a miscalculation or imprecise work on the doctors part could leave you with visible or painful scars
Nerve damage. While plastic surgery is typically limited to the skin and fat cells beneath, mistakes can do permanent damage to the nerves at the surface, particularly in your face
Anesthesia errors. Your anesthesiologist needs to carefully measure your dosage of anesthetic throughout your procedure, or else you could wake up on the operating table or suffer brain damage from an overdose
Incorrect medications. After your surgery, your doctor will prescribe you medicine to help prevent infection and manage pain, but if they don’t make the right prescription, you can be put in danger or made to suffer unnecessarily
Wrongful death: In the worst case, a surgery gone wrong can put the body through severe trauma, even resulting in the death of a patient
[Charles Jerome Ware is a premier Maryland and D.C.-based medical malpractice attorney. If you have questions or desire an initial courtesy consultation, call him at (410) 720-6129 or (410) 730-5016]
MARYLAND MARRIAGE, ANNULMENT & DIVORCE ("MMAD")
www.CharlesJeromeWare.com. "Here to make a difference."
I. Marriage in Maryland is considered a civil contract between the parties and not a sacrament, although the law regards it with a sanctity which is not attributed to any other kind of contract. The Maryland Court of Appeals reaffirmed this holding and view as far back as 1943, stating "...on the theory that the public has a direct interest in [marriage] as an institution of transcendent importance to social affairs" [Behr v. Behr, 181 Md. 422, 426, 30 A.2d 750 (1943); Fornshill v. Murray, 1 Bland 479, 18 Am. Dec. 344].
The requirement that a religious ceremony be superadded to the civil contract existed in Maryland until 1963. By statute, marriages may now be performed by the clerk of a circuit court or a deputy clerk appointed by the administrative judge of the circuit court [Dennison v. Dennison, 35 Md. 361, 379 (1872); Maryland Laws 1963, Ch. 406].
II. Annulments are hard-pressed to be granted in the state of Maryland. An "annulment" differs conceptually from a "divorce" in that a divorce terminates a legal status of marriage, whereas an annulment establishes that a marital status never existed [Sackman v. Sackman, 236 Md. 237, 240, 203 A.2d 903 (1964)]. The rule in Maryland has long been that a marriage procured through fraud may be avoided in the exercise of the inherent power of a court of equity to reform and rescind contracts. This inherent power refers to the authority of a court to grant an annulment separate and apart from any statute authorizing the granting of a divorce or annulment [Holland v. Holland, 224 Md. 449, 452, 168 A.2d 380 (1961); Towsend v. Morgan, 193 Md. 168, 174, 63 A.2d74 (1949); Family Law Code Ann. §1-201(a)(3), Cts. & Jud. Proc. Code Ann. §3-603(a); comments and casenotes, Annulment Jurisdiction Clarified, 9 Md. L. Rev. 63 (1948)].
III. Divorce
Grounds for Divorce in the State of Maryland:
1. A party can file for an absolute divorce on the grounds of adultery or excessively vicious conduct or cruelty of treatment while they are still living together.
2. An uncontested divorce is when a party and their spouse agree to divorce and the issues related to the marriage are resolved. The parties would use the assistance of an attorney to draft a legal document often referred to as a Separation Agreement that memorializes their agreement.
3. A contested divorce means that issues in the case are disputed. A contested divorce can be time consuming, complicated, and expensive. When the issues are resolved, the divorce then becomes uncontested and a final divorce may be obtained.
IV. Adultery
To prove adultery in the State of Maryland, you must prove that your spouse had the “opportunity” and “disposition” to commit adultery. “Opportunity” may be shown through a spouse spending time alone with a significant other in a hotel, residence or other such place and “disposition” may be demonstrated through public display of affection or some form of intimate correspondence.
Adultery is a misdemeanor crime in the State of Maryland, and thus, a party can plead the 5th Amendment and refuse to answer questions about adultery. The two defenses to adultery are condonation or recrimination. The criminal fine for adultery in Maryland is $10.
Adultery may allow for an immediate divorce, without a period of separation.
V. Limited Divorce
A limited divorce grants spouses the right to live separate and apart from one another, but the parties remain Husband and Wife. A limited divorce may be granted by the court for religious or financial purposes when parties do not have the grounds for an absolute divorce.
The Court can decide custody, support, use and possession of the home and personal property at a limited divorce hearing. The Court CANNOT divide the marital property or order the sale of jointly owned real property.
VI. Residential Issues
If the home is a marital home, even if rented or titled in one party’s name, a party cannot force the other party to leave the home as both spouses have equal right to live in the marital residence.
However, under circumstances of domestic violence, the Court can order a party to leave the home for a specified period of time to protect a party and/or child. The Court can also award use and possession of the family home and the contents to the custodial parent and require the other party to leave the premises during the use and possession period.
At the time of divorce, the Court can either order the sale of the home, transfer of the home to one spouse, or award the custodial parental use and possession of the home for up to three years. Upon termination of said use and possession order, the home can be sold or transferred to one party with a buyout of equity.
VII. Filing for Divorce
A party can file for divorce in Maryland if they or their spouse have resided in Maryland for at least one year prior to the filing of the complaint for divorce or if the grounds for divorce occurred in the State of Maryland.
A party must be a resident of Maryland when the complaint is filed. Such residency is determined by the person’s intent, i.e. where they vote, set up their home, have a driver’s license or obtain employment.
VIII. Pendente Lite
“Pendente lite” is a term used in Maryland for “pending litigation” and is a hearing whereby temporary relief can be granted by the Court to spouses while their divorce litigation is pending. The Court may award temporary relief to either of the parties such as visitation, child support, alimony, attorney’s fees, litigation costs, maintenance of health insurance and use and possession of the family home at the hearing. The Court cannot divide marital property or order a sale of assets. A pendente lite order remains in effect until the parties’ reach a final resolution or the trial judge issues a final order.
The common practice in most counties in Maryland is that the pendente lite hearing is heard before a Family Law Master in the Circuit Court, who makes recommendations to a judge. A Family Law Master hears only family law matters. Either party may file exceptions (a form of appeal) if they disagree with the Master's recommendations. Exceptions are ruled upon by a Judge.
[Family law attorney Charles Jerome Ware is headquartered in Columbia, Howard County, Maryland. For questions or an initial courtesy consultation, contact him at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com]
I. Marriage in Maryland is considered a civil contract between the parties and not a sacrament, although the law regards it with a sanctity which is not attributed to any other kind of contract. The Maryland Court of Appeals reaffirmed this holding and view as far back as 1943, stating "...on the theory that the public has a direct interest in [marriage] as an institution of transcendent importance to social affairs" [Behr v. Behr, 181 Md. 422, 426, 30 A.2d 750 (1943); Fornshill v. Murray, 1 Bland 479, 18 Am. Dec. 344].
The requirement that a religious ceremony be superadded to the civil contract existed in Maryland until 1963. By statute, marriages may now be performed by the clerk of a circuit court or a deputy clerk appointed by the administrative judge of the circuit court [Dennison v. Dennison, 35 Md. 361, 379 (1872); Maryland Laws 1963, Ch. 406].
II. Annulments are hard-pressed to be granted in the state of Maryland. An "annulment" differs conceptually from a "divorce" in that a divorce terminates a legal status of marriage, whereas an annulment establishes that a marital status never existed [Sackman v. Sackman, 236 Md. 237, 240, 203 A.2d 903 (1964)]. The rule in Maryland has long been that a marriage procured through fraud may be avoided in the exercise of the inherent power of a court of equity to reform and rescind contracts. This inherent power refers to the authority of a court to grant an annulment separate and apart from any statute authorizing the granting of a divorce or annulment [Holland v. Holland, 224 Md. 449, 452, 168 A.2d 380 (1961); Towsend v. Morgan, 193 Md. 168, 174, 63 A.2d74 (1949); Family Law Code Ann. §1-201(a)(3), Cts. & Jud. Proc. Code Ann. §3-603(a); comments and casenotes, Annulment Jurisdiction Clarified, 9 Md. L. Rev. 63 (1948)].
III. Divorce
Grounds for Divorce in the State of Maryland:
- Adultery
- Desertion for 12 continuous months
- Separation for 12 continuous months
- Conviction of a felony or a misdemeanor with incarceration for at least one year (under sentence of three or more years)
- Insanity with the spouse institutionalized for at least three years and the insanity is incurable
- Cruelty of treatment
- Excessively vicious conduct
1. A party can file for an absolute divorce on the grounds of adultery or excessively vicious conduct or cruelty of treatment while they are still living together.
2. An uncontested divorce is when a party and their spouse agree to divorce and the issues related to the marriage are resolved. The parties would use the assistance of an attorney to draft a legal document often referred to as a Separation Agreement that memorializes their agreement.
3. A contested divorce means that issues in the case are disputed. A contested divorce can be time consuming, complicated, and expensive. When the issues are resolved, the divorce then becomes uncontested and a final divorce may be obtained.
IV. Adultery
To prove adultery in the State of Maryland, you must prove that your spouse had the “opportunity” and “disposition” to commit adultery. “Opportunity” may be shown through a spouse spending time alone with a significant other in a hotel, residence or other such place and “disposition” may be demonstrated through public display of affection or some form of intimate correspondence.
Adultery is a misdemeanor crime in the State of Maryland, and thus, a party can plead the 5th Amendment and refuse to answer questions about adultery. The two defenses to adultery are condonation or recrimination. The criminal fine for adultery in Maryland is $10.
Adultery may allow for an immediate divorce, without a period of separation.
V. Limited Divorce
A limited divorce grants spouses the right to live separate and apart from one another, but the parties remain Husband and Wife. A limited divorce may be granted by the court for religious or financial purposes when parties do not have the grounds for an absolute divorce.
The Court can decide custody, support, use and possession of the home and personal property at a limited divorce hearing. The Court CANNOT divide the marital property or order the sale of jointly owned real property.
VI. Residential Issues
If the home is a marital home, even if rented or titled in one party’s name, a party cannot force the other party to leave the home as both spouses have equal right to live in the marital residence.
However, under circumstances of domestic violence, the Court can order a party to leave the home for a specified period of time to protect a party and/or child. The Court can also award use and possession of the family home and the contents to the custodial parent and require the other party to leave the premises during the use and possession period.
At the time of divorce, the Court can either order the sale of the home, transfer of the home to one spouse, or award the custodial parental use and possession of the home for up to three years. Upon termination of said use and possession order, the home can be sold or transferred to one party with a buyout of equity.
VII. Filing for Divorce
A party can file for divorce in Maryland if they or their spouse have resided in Maryland for at least one year prior to the filing of the complaint for divorce or if the grounds for divorce occurred in the State of Maryland.
A party must be a resident of Maryland when the complaint is filed. Such residency is determined by the person’s intent, i.e. where they vote, set up their home, have a driver’s license or obtain employment.
VIII. Pendente Lite
“Pendente lite” is a term used in Maryland for “pending litigation” and is a hearing whereby temporary relief can be granted by the Court to spouses while their divorce litigation is pending. The Court may award temporary relief to either of the parties such as visitation, child support, alimony, attorney’s fees, litigation costs, maintenance of health insurance and use and possession of the family home at the hearing. The Court cannot divide marital property or order a sale of assets. A pendente lite order remains in effect until the parties’ reach a final resolution or the trial judge issues a final order.
The common practice in most counties in Maryland is that the pendente lite hearing is heard before a Family Law Master in the Circuit Court, who makes recommendations to a judge. A Family Law Master hears only family law matters. Either party may file exceptions (a form of appeal) if they disagree with the Master's recommendations. Exceptions are ruled upon by a Judge.
[Family law attorney Charles Jerome Ware is headquartered in Columbia, Howard County, Maryland. For questions or an initial courtesy consultation, contact him at (410) 720-6129 or (410) 730-5016, or email him at charlesjeromeware@msn.com]
Tuesday, November 25, 2014
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