Affluenza and the Law

December 14, 2013

The vast majority of people, including attorneys and judges, have never heard of the term “affluenza.”  Beginning now, we may be hearing more about it because it has worked its way into legal language.  What is it and how might it be used in the law? The word affluenza is a combination of “affluence” and […]

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An Update on My Treatise

August 27, 2013

Things are moving right along.  My treatise is complete.  Editing is complete.  Indexes are complete.  Intros are complete.  Typos are fixed.  The Foreword is in.  The Library of Congress knows about it.  Covers have been picked.  The formatting is nearly complete. As promised recently, Maryland Criminal Procedure will go to the printer in early September and […]

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The InjuryLawyerDatabase

May 27, 2013

A Novel Approach Because of my son’s knowledge of lawyer marketing on the Internet, Warnken, LLC has an advertising presence on and AVVO.  In addition, we have had relationships with Yodle and Total Attorneys.  In addition to our strong organic search marketing presence, we, like many others lawyers, advertise on Google AdWords.  There seem to be […]

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Maryland Criminal Procedure: A Treatise Launches

March 21, 2013

The First 450 Pages of the Warnken Treatise on Maryland Criminal Procedure Is Online for Free          I have been a law professor at the University of Baltimore School of Law since 1977.  Since  1992, I have maintained a private practice.  I have argued in the Supreme Court, testified in Congress, and been invited to […]

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Defendant Competency to Stand Trial

December 19, 2012

IF CHARGES ARE DISMISSED BECAUSE THE DEFENDANT IS INCOMPETENT TO STAND TRIAL, THE STATE MAY RECHARGE THE DEFENDANT A Defendant must be competent to stand trial throughout the entire trial, including sentencing.  In Maryland, the Defendant is rebuttably presumed to be competent to stand trial until the presumption is rebutted.  To rebut the presumption, first, […]

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Bail and FTA

December 11, 2012

WHEN CAN A BAIL BONDSMAN RECOUP FORFEITED BAIL FOR A DEFENDANT WHO DOES NOT APPEAR FOR TRIAL? If an individual is arrested for a crime, the arrestee is taken before a court commissioner.  One of the tasks accomplished by the court commission is a determination of pre-trial release status.  About half of those arrested are […]

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Building a Practice from Scratch

December 7, 2012

Going from having no cases in a particular practice area to having a flourishing practice is a tough thing to do.  In the good old days, it was something that took years, if not decades.  For various reasons, it can now happen quicker.  But that increased speed, itself, brings its own pitfalls. Just one year […]

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“The Healthcare Case” – National Federation of Independent Business v. Sebelius

June 28, 2012

Background: Congress enacted the Patient Protection and Affordable Care Act in 2010 to lower the cost of health care while simultaneously increasing the number of Americans covered by health insurance.  There are two important aspects of the Act.  First, the individual mandate, a central provision, requires most Americans to have basic healthcare coverage.  Some individuals […]

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June 27, 2012

Supreme Court makes a dent in Arizona’s immigration related laws. The recent Supreme Court decision, Arizona v. United States, considered the doctrine of preemption to determine whether federal law permitted Arizona to implement state-law provisions of the Support Our Law Enforcement and Safe Neighborhoods Act (S. B. 1070). Arizona enacted S.B. 1070 in 2010 creating […]

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Baltimore City Neighborhood Watch Case – Werdesheim Brothers

April 22, 2012

I was quoted in USA Today in a story that ran today about a Baltimore City neighborhood watch case involving Eliyahu and Avi Werdesheim.  I wanted to post to elaborate on some of the issues surrounding self defense and deadly vs. non-deadly force. Almost everyone in America is aware of the Florida case in which […]

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