Author: JGL Law

When you get a ticket, it can be difficult to gauge just how much trouble you’re in, as the penalties for different laws vary across states. By understanding your charges, and the defenses available to you, it’s possible to reduce the charges or be acquitted entirely.

If you’ve been ticketed with reckless driving, don’t just resign yourself to accepting the charge. Joseph Greenwald & Lake Law’s experienced traffic violation defense attorneys know best defenses for reckless driving, and want you to know whether you have a case against any undue claims.

What Does Reckless Driving in Maryland Mean?

In Maryland, a person considered to be guilty of reckless driving must (1) drive a motor vehicle (2) with a “wanton or willful disregard for the safety of persons or property” or “[i]n a manner that indicates a wanton or willful disregard for the safety of persons or property.” Md. Code, § 21-901.1(a) of the Transportation Article. Examples of reckless driving can be anything from speeding, to drunk driving, to passing another vehicle at a railroad crossing.

Typically, the penalties for a reckless driving violation result in six points against a person’s driving record, resulting in mandatory enrollment in a Driver Improvement Program (DIP). On top of that, individuals found guilty of reckless driving face a possible fine up to $1,000, increased insurance rates, and a mark on their driving record.

Potential Defenses

There are several defenses that may apply in cases of reckless driving in Maryland:

1. The defendant wasn’t the driver

As in all criminal defense cases, the defendant has to be proven guilty beyond a reasonable doubt in order for the charges to stand. That burden of proof isn’t on the defense attorney, but the prosecutor or the Assistant State’s Attorney to prove beyond a reasonable doubt that the defendant was driving the vehicle when the charges were made. A lack of sufficient evidence can lead to an acquittal or dropping the charges.

2. The driving was not reckless, but inadvisable

In Maryland, reckless driving must be done with intent, or carelessness, for the safety of the people around you. Regardless of whether they’re passengers, pedestrians, or fellow drivers. Depending on why the defendant was charged with reckless driving, an attorney may be able to use evidence to show the defendant was actually negligent, speeding, or making an unwise driving decision.

Negligent driving in Maryland occurs when a person drives his or her vehicle in a careless or imprudent manner, which endangers the life and property of surrounding persons or property in the process. T.A. § 21-901.1(b). It is a similar, but less severe, charge than reckless driving. It results in one or three points added to your driving record, depending if it involved an accident, and a fine up to $500. If this defense was successful, the charge could either be reduced to negligent driving, speeding, or dropped entirely.

3. The driver was distracted not reckless

As previously stated, for driving to be considered reckless in the state of Maryland there must be a willful disregard for other people’s safety or property on the part of the driver. Meaning there must be an element of awareness that their driving is unsafe, and that they’ve decided to ignore the risks.

People who are driving while distracted do not necessarily have that same awareness; their poor driving may occur merely because they aren’t paying enough attention to the road.

4. The defendant’s reckless driving was necessary

To prove that the defendant’s actions were necessary, there must be proof that the defendant had a good reason to commit the offense and there was no alternative action they could have taken. This defense automatically admits that the defendant drove recklessly, but that they were forced to by circumstance.

Situations that can warrant necessity:

• The defendant was under duress, in a situation where they were fleeing from someone trying to harm or kill them.
• There was an emergency, medical or otherwise.
• The defendant was trying to avoid greater harm, their actions were taken to evade another driver’s erratic driving.

Understanding the charges against you is the best weapon you have in defending yourself. Once you’ve determined you have a potential case, your next best weapon is a good attorney.

Trust JGL Law for Reckless Driving Tickets in Maryland

The beauty of our justice system is that everyone is innocent until proven guilty. If you believe that any one of these defenses may apply to your case, reach out to Joseph Greenwald and Lake PA and our seasoned attorneys will help you reach the best outcome for your case.

Schedule a consultation now or call us at 301-220-2200.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, Sarah Chu discusses the following issues and more:

1. Falsifying information on contract proposals  
2. Misrepresenting a project’s status to continue receiving government funds 
3. Concealing cybersecurity vulnerabilities and falsely certifying compliance with applicable cybersecurity laws 

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Joseph, Greenwald and Laake has been representing clients in suburban Maryland and the District of Columbia for almost 50 years. With offices in Greenbelt and Rockville, Maryland, we have lawyers who focus their practices in diverse areas of the law, including employment and whistleblower actions, family law, estates and trusts, civil rights, business planning and commercial litigation, personal injury, medical and professional negligence.

In this episode, we have JGL Attorney, Hannah Nallo & Allen Liu, Policy Counsel at the NAACP Legal Defense Fund.

In this episode, they discuss the following topics and more:

1. What is the Maryland Police Accountability Act of 2021?
2. What was left out of the Act/what is still left to do?
3. Is there traction for police reform on the federal side?

JGL LAW FOR YOU brings you up close and personal with our lawyers who will be discussing how to navigate the many legal processes, developments in the law, other current events and how they may affect you.

Cryptocurrency, NFTs, and even digital real estate are some of the more widely known concepts that are leading a digital revolution in our ever-evolving global economy.

As various forms of digital assets become more mainstream, so too does it become increasingly important to understand these assets and their relation to the divorce process. In this blogpost, I will attempt to de-mystify digital assets, such as cryptocurrency, NFTs, and digital real estate to equip you with a general understanding of these concepts so that you are better prepared to discuss these assets in the setting of a divorce matter.

Divorce and Digital Assets:

At a base level, a digital asset, particularly cryptocurrency, shares many similarities with other financial asset.  In the setting of a divorce, like with any other financial asset, cryptocurrency can be identified and valued and added to a chart comparing assets for the purposes of negotiation and determining “off-sets”.  However, it is important to appreciate that cryptocurrency should be considered a separate class of asset.

Generally, most users will acquire cryptocurrency through exchange or trading platforms such as Coinbase, Gemini, Robinhood, or Webull.  As a result, observing a user’s cryptocurrency holdings can be as easy as viewing an account statement or summary.  During the midst of a divorce matter, when the parties exchange their financial documents, statements from an exchange or trading platform should be produced if the individual holds cryptocurrency.  Even if a statement from an exchange or trading platform is not provided, significant information related to cryptocurrency holdings can be determined by an experienced professional just by reviewing bank statements, which may exhibit transactions made on exchange/trading platforms.

What happens when one spouse breaches their duty to fully disclose their assets?

Traditionally, if one spouse believes the other was not disclosing a financial asset, they could rely upon the use of subpoenas to access the information directly from the financial institution in question.  Despite the fact that cryptocurrency is decentralized by nature (meaning there is, generally, no singular financial institution from which you can acquire information), it remains possible to request records of an individual’s transactions from a particular exchange/platform.

Consulting with an expert, experienced in asset tracking and tracing, particularly relative to cryptocurrency, can be useful when attempting to track/trace the acquisition of cryptocurrency, even if it has been transferred to a “virtual wallet” (a virtual wallet can be anything that stores the unique key to the individual’s portion of the blockchain, including a thumb drive).  If access to the “virtual wallet” is lost, then access to the cryptocurrency could be lost for good.  Similarly, if access to the wallet is refused or blocked, then access to the cryptocurrency, even for evaluation purposes, is all but thwarted.  Therefore, one should be mindful of how freely the unique cryptocurrency key is disclosed because the loss of the unique key could mean the loss of the cryptocurrency holdings.  Nevertheless, like with any expert, significant consideration must be given to the cost of the expert relative to the potential value of the cryptocurrency assets.

Though cryptocurrency functions like many other financial assets in the context of a divorce and can be divided in a manner that the parties feel appropriate, careful consideration is required.  Initially, unlike many assets which can maintain their value for keeps and even months at a time, the value of cryptocurrency is particularly volatile and unlike a traditional stock exchange, cryptocurrency trades 24 hours a day and so the value can fluctuate at any given minute.  It is good practice to keep apprised of the trading value of a particular cryptocurrency throughout your asset negotiations as well as accounting for the taxable consequences (capital gains) associated with cryptocurrency holdings (depending on the extent of the cryptocurrency, consulting with a tax professional may be appropriate).  Additionally, the parties should consider how the transfer is effectuated.  Unlike retirement benefits or bank accounts, many cryptocurrency exchanges/platforms are new and have limited experience with transferring cryptocurrency assets subject to a divorce.  If the asset(s) have been transferred to a virtual wallet, there is an added layer of complication concerning how you can transfer the cryptocurrency.

Property distribution as part of a divorce settlement can be a complicated process.  Having an experienced divorce attorney that understands not only traditional assets, but new assets, such as cryptocurrency, will be an asset to how you can effectively settle your case.

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What is it? – A General Explanation of Cryptocurrency

The IRS defines cryptocurrency as a type of virtual currency “that utilizes cryptography to validate and secure transactions that are digitally recorded on a distributed ledger, such as a blockchain.”  Predictably, this definition is nearly as complex as cryptocurrency itself.

Cryptocurrencies, like Bitcoin, are based on blockchain databases.  The blockchain database operates as a ledger of all transactions in the particular cryptocurrency network.  The blockchain database fundamentally relies upon the concept of cryptography (hence “crypto”) to establish the entire framework of how information and ultimately, the resulting cryptocurrency, is distributed.

Generally speaking, a blockchain database organizes data in decentralized “blocks” and once a “block” is full of information, it is time-stamped and connected to a prior “block” via an encrypted connection (cryptography), hence a chain of blocks.  Once a block is connected, that data is immutable as if set in stone.  This is fundamentally different from traditional databases, which typically store information at a central location and are therefore vulnerable to corruption if that central location is compromised.  The nature of blockchain databases allow it to operate on a decentralized global network of connected computers (or nodes), which means that each connection to the network is able to cross-reference the other, making for an optimally secure system that checks itself.  However, in order to maintain this network, the connected computers (or nodes) are encouraged to participate in efforts to maintain the system, such as by “validating” the transactions that make up each block on the chain.

In order to encourage enough members of the network to validate the transactions that establish the blockchain and therefore maintain the security of the network, the network offers incentives in the form of cryptocurrency, which itself is part of the blockchain.  The process of validation depends on the network and can include validation protocols including energy-intensive “mining” protocols (Proof of Work validation protocols) to less intensive protocols (Proof of Stake validation protocols).  Therefore, the “ownership” of cryptocurrency, is really the entitlement to the portion of the blockchain, which that user helped to validate.  The portion of the blockchain that a person “owns” is accessible with a unique key (or code) specific to that particular portion of the blockchain.   

The value of a particular cryptocurrency increases the incentive to participate in the network itself as well as create the market of trading the coins themselves.  Bitcoin is perhaps the most widely recognized cryptocurrency and like many other cryptocurrencies, it operates on a deflationary basis, which means that there is a finite amount of “coins” and the availability of coins will reduce overtime, hence the general increase in value.  Aside from earning cryptocurrency as an incentive for participating in the validation process, cryptocurrency can also be traded on exchange platforms.  Most commonly, a participant links their traditional bank account to an exchange platform and purchases available cryptocurrency.

One should employ significant due diligence when reviewing bank account statements to determine the extent of cryptocurrency holdings.  If there is a substantial amount of cryptocurrency at issue, it may be beneficial to consult with a professional experienced in asset tracing/tracking to determine the extent of cryptocurrency holdings, which could result in a significantly different financial distribution.    

Maryland – The 2022 edition of Maryland, Super Lawyers magazine recently named 16 Joseph Greenwald & Laake, P.A. attorneys to its annual Maryland, Super Lawyers lists.

The Maryland, attorneys who made this year’s Super Lawyers list, including their primary practice areas as identified by Super Lawyers, are:

Greenbelt, MD

• Andrew E. Greenwald – Medical Malpractice: Plaintiff
• Burt M. Kahn – Medical Malpractice: Plaintiff
• Jay P. Holland – Labor & Employment
• Steven M. Pavsner – Medical Malpractice: Plaintiff
• Timothy F. Maloney – Gen Litigation 
• Valerie Grove – Medical Malpractice: Defense

Rockville, MD

• David M. Bulitt – Family Law
• Jeffrey N. Greenblatt – Family Law
• Patrick W. Dragga – Family Law 
• P. Lindsay Parvis – Family Law 
• Anne E. Grover – Family Law
• Jeffrey Hannon – Family Law 

Rising Star

• Allison McFadden – Family Law
• Alyse Prawde – Civil Litigation: Plaintiff 
• Rama Taib-Lopez – Family Law
• Christopher R. Castellano – Family Law

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Reversed suspension of lobbyist by State Ethics Commission. Bereano v. State Ethics Commission (Md. 2008)

Yes and no. The Family Medical Leave Act (FMLA) was created to protect employees while on leave due to medical reasons. However, under certain circumstances, an employee can be fired. Let’s look at what the FMLA is and when you can and cannot be fired while on or returning from medical leave.

What is the FMLA?

The FMLA is a federal, nationwide law that provides employees with twelve weeks of unpaid leave per year. Employers cannot discipline an employee for applying or taking medical leave covered by the FMLA.

FMLA leave is time used to handle a personal medical issue, take care of an immediate family member, take care of a newborn child, newly adopted or a new foster child, take care of pregnancy complications, and for other serious medical necessities. Additional requirements are:

• The employee must have worked for a total of 12 months for the employer.
• A minimum of 1,250 hours must be worked by the employee during 12 months immediately preceding the leave.
• FMLA only applies to companies with 50 or more employees within 75 miles.

The FMLA is a federal law that sets minimum requirements across the country. But, policies regarding unpaid medical leave may vary from state to state. Some states offer greater options and benefits. Special rules apply to education agencies such as schools that may give more flexibility than other employers. Additionally, there are different requirements for military caregiver FMLA.

If you qualify for FMLA medical leave, it provides job-protected leave benefits. This means, when you take FMLA leave, your job (or an equivalent) must be available to you upon your return.

Is It Possible to Be Fired While On FMLA?

• Yes, it is possible to be fired while on FMLA but an employee cannot be fired for requesting or taking FMLA leave.

An employee cannot be fired for retaliatory reasons for taking or requesting FMLA medical leave. Retaliation occurs when an employee is denied FMLA leave and faces disciplinary action or when an employee comes back from FMLA medical leave to his or her position but suffers adverse actions because of taking leave. An example of retaliation is when the employee is fired for missed work while out on FMLA medical leave.  It’s important to meet with an experienced attorney if you feel you have been wrongfully terminated due to FMLA.

When You Can Be Fired While on FMLA

There is the possibility of being terminated while on or returning from FMLA. Employers can terminate employment due to:

• The employee failed to apply for FMLA-approved leave.
• Poor performance from the employee before taking FMLA.
• There was misconduct or fraud committed by the employee.
• Evidence that the employee would have been terminated even if FMLA leave had not been taken. For example, a reduction in the workforce that had been documented before taking leave.

An employer with any legitimate, non-discriminatory, and non-retaliatory reason can terminate an employee regardless of their FMLA leave status. Documentation of the facts is always important. If you think your FMLA rights have been violated, the best way to handle the situation is to consult with  a labor and employment attorney.

Call or e-mail us at Joseph, Greenwald & Laake, P.A. to schedule a consultation with an experienced attorney regarding your labor and employment issue or wrongful termination claim. We offer reliable counsel on how best to proceed and what your rights and responsibilities are.

The process of a divorce is a stressful period that can often be taxing timewise and emotionally. There are also many steps in the divorce process – one of them being a deposition.

In and of itself, a deposition can be an unnerving process.   It frequently occurs during the “discovery process” of divorce proceedings.

At JGL Law, our team of skilled divorced attorneys work to guarantee that you are properly consulted and informed on all aspects of divorce litigation – including depositions. We’ve put together a preparation guide that will help answer any questions you may have regarding a current or future divorce deposition.

For more information or to consult with one of our divorce attorneys, please contact us today!

What is a Divorce Deposition?

During the discovery process of a divorce, a deposition is used to gain information that is relevant to the case. The testimony is taken and the witness is under oath as if testifying in court.

At a divorce deposition, attorneys and a court reporter are present. The parties can also be present for a witness deposition, but that determination is usually left to be decided by the attorney and client.  Depositions are typically held in the office of the attorney requesting the testimony, but can also take place at another location, such as a conference room in the courthouse or the court reporter’s office.

The deponent, or the person being deposed, may or may not be subpoenaed to appear in court and testify at the deposition.

Benefits of a Divorce Deposition

A deposition is used in order to get necessary information, including: records, reports, and testimony under oath that can be referred back to if/when the case goes to trial.

The benefits of a divorce deposition can include:

• Case Preparation
• Acquired Testimony
• Opportunity to Study Witness Behavior
• Settlement Process Aid

Additionally, depositions can be beneficial in building a case against the deponent as inconsistencies and credibility can be called into question – often regarding custody, finances, asset acquisition, etc.

How to Prepare for a Divorce Deposition?

The first, crucial step in preparing for a divorce deposition is to meet with an experienced divorce attorney and provide them with all the facts. Giving your attorney this information helps with deposition preparation and direct questioning that your attorney will need to develop a plan of action.

The second step in preparing for a divorce deposition is to know the questions that will be asked.

Questions Asked at a Deposition

Questions asked in a deposition will differ from case to case, however, there are five common subjects that are frequently brought up in divorce depositions.

Interrogatories, or written questions that are answered under oath in writing, may also be asked to complete by a spouse’s lawyer before the deposition. Typically, these questions are similar to what would be asked during a recorded verbal statement.

Financial

When there are issues of child support and/or alimony, a division of debts, property, or assets, financial information and questions directed at acquiring that information are a vital part of divorce cases.

Child Care/ Custody

Unresolved issues with child care and custody can be incredibly emotionally taxing for all parties, so a divorce deposition can be useful in determining the safest and best place for a child to live.

Attorneys will use depositions as a way to ask deponents questions, including:

• Who is the primary caregiver for the child?
• How have past/current interactions been with each parent towards the child?
• Does the child, or children, have special needs?
• What is their home life like?
• Where do they attend school?

Mental and Physical Health

Information regarding you or the deponent’s mental or physical health may be called into question during a divorce deposition as it related to finances and children.

Make sure that you disclose any mental or physical health information to your attorney before the deposition so that you’re able to properly address it later.

Specific Dates and Events

Divorce depositions are designed to address or introduce any new information that could potentially harm a case, so it’s important to disclose every piece of relevant information, including specific dates and events. This will help to prevent any disparities between parties as well as avoid issues with credibility.

Dangerous or Recreational Activities

In a divorce deposition, expect to answer personal questions. How you spend your free time, recreational activities (dangerous or not) are not off-limits.

Alcohol use, drug use, dangerous hobbies, etc. – these are all a cause for concern and can potentially be used to determine custody, so speak to your attorney beforehand and be honest.

Tips for Divorce Depositions

While it’s always best to speak to your attorney regarding your specific case, here are a few helpful tips for protecting yourself during a divorce deposition.

Don’t Lie

One of the most important things to remember, in preparation for and during a deposition, is to be completely honest.

False testimony can be used against you in trial. In a deposition, you’re answering questions under oath. A false statement can be subject to perjury or, at the very least, a loss of credibility for the deponent.

If You have questions, Ask your Attorney

Your attorney is there to make sure you’re properly prepared for a deposition. It’s imperative that you consult with your attorney about all relevant information to the case.

They’re also there to answer any questions you may have, so utilize your attorney-client relationship!

Social Media

In today’s world, many people maintain social media accounts that often contain posts, photos or other information that may be useful to the opposing side.  Please discuss the content of these accounts with your attorney to be sure there is nothing that may prove harmful to your case.

Listen to every question – Don’t Guess

When asked a question, listen carefully and don’t guess. If you don’t know, say you don’t know. Lying, providing misinformation, or volunteering irrelevant statements are not advised and can lead to more trouble.

Consult with a Divorce Attorney Today

At Joseph, Greenwald & Laake, P.A., our skilled divorce attorneys are here to look after your best interests and can help you resolve the first two issues as quickly, efficiently, and cost-effectively as possible, allowing you to focus on a brighter future ahead.

For any questions or concerns about your divorce process, please consult with one of our compassionate and skilled attorneys today!

JGL won a verdict of more than $3 million in back pay for 13 information technology workers who were wrongfully terminated from their jobs at the Washington Suburban Sanitary Commission.

The Fourth Circuit Court affirmed the District Court’s decision denying Schuster’s Rule 40(b) motion and upholding JGL’s $1.2 million jury verdict on unjust enrichment in the Schuster class action case on Friday, April 21, 2023.

Read more here.

Jury awarded $8,000,000.00 (reduced to the cap on non-economic damages) to a child victim who was sexually assaulted in a common area of a high-rise apartment building based on the failure of the apartment building to maintain a secure building.

Bethesda Magazine surveyed attorneys who practice in Montgomery County asking them to name the attorneys they would recommend in 25 practice areas.

7 JGL attorneys were included in the resulting “Top Attorney” listings:

Family Law/Divorce

• Anne Grover

Trusts & Estates

• Paul Riekhof

Civil Litigation

• Timothy Maloney

Business/Corporate

• Jerry D. Miller

Employment Law

• Jay P. Holland

Medical Negligence

• Andrew Greenwald

Personal Injury/Workers Comp

• Debora Fajer-Smith

For the complete article, visit www.bethesdamagazine.com and click on “Digital Edition” (requires subscription).