Extreme squatting comes to Maryland.

Last year we shared the story out of California involving lawyers complicit in a scheme to push false adverse possession cases through the courts. We concluded that such a scheme would be very difficult to pursue in Maryland because of very different standards for taking property under the law.

But that doesn't rule out the straight "squatter" who takes without permission.

On January 2, 2015, the Daily Record and an ABC News affiliate reported that a man was charged with moving into a home he did not own...with his entire family! He allegedly introduced himself to the neighbors, and was unpacking the van when the true owner arrived to find the invaders in the driveway.

Editor’s Note: This story was updated on Jan. 24, 2015, to remove the suspect’s name after the suspect contacted us to say the district court charges were dropped. We confirmed in the court's public database that the charges were subject to a "nolle prosqui." This means the prosecutor elected not to pursue the case, but it remains subject to re-indictment. Ramon Korionoff, public affairs officer for the Montgomery County State’s Attorney office, reported to other news outlets that the investigation is ongoing. The suspect also asserted to us that the video of the original television news story had been dropped from the television news affiliate's website, and he requested that we remove the embedded video from this blog.  It was only as a courtesy to him that we have removed the embedded video from this story. After all, we also represent criminal defendants and believe that everyone deserves a second chance! But we do not control, nor can we control that the video may remain resident and publicly available on the television news outlet's server.

The house had been on the market for over a year. The lesson behind the story is that you must check on your property regularly!! And talk to your neighbors--there is no reason for the alleged squatter to have fooled the neighbors, if that is what happened. It is easy to to knock on your neighbor's door to say "the house will be empty, call me if you see anyone try to enter."

In our real estate litigation practice, we've seen a lot of real estate scams (forged deeds, deeds executed after death, the impersonating of owners at settlement, producing fake death certificates, fake powers of attorney, and false corporate filings to reinvigorate defunct entities), but this story describes perhaps the most brazen and ill conceived that we have seen reported in the news.

Merry Christmas to our friends and clients!

What is a "grand jury" anyway?

What is a Grand Jury, anyway?

            With the recent developments in the tragic stories of Michael Brown in Ferguson, Missouri and Eric Garner in Staten Island, New York, the phrase “grand jury” has been used frequently, and misunderstood just as frequently, by many people.  So what is a “grand jury” anyway?

Is it the same as a regular “jury?”

            No!  A “jury” is impaneled to hear evidence at a trial.  Both the State and the Defense have a say in who sits on a jury.  At the trial, strict rules of evidence apply, both the State and the Defense are allowed to call witnesses, introduce tangible evidence (think: items related to the alleged crime) and make arguments.  The whole proceeding is open to the public, and is presided over by a judge.

So what is a grand jury?

            Grand juries are a vestige of the English system of government, and are intended to act as a check against the power of the executive (or the king) to bring a citizen to trial.  The role of the modern grand jury is to determine whether the State has probable cause to charge a person (or corporate entity) with a crime.  If the grand jury says “yes,” an indictment is issued, and formal criminal proceedings commence.  If the grand jury says “no,” there are no immediate criminal charges.

So how does a grand jury work?

            Grand juries function very differently than “regular juries.”  I will highlight the biggest differences:

• Grand juries hear multiple cases per day, and can be impaneled for several months (federal grand juries can sit for up to 18 months, while grand juries in Maryland can sit between 3-12 months).
• Grand jury proceedings are supposed to be secret.  Secrecy is intended to (1) reduce the risk that the defendant will flee; (2) reduce tampering with the grand jury; (3) permits witnesses to testify before the grand jury without fear; (4) encourages those with evidence to cooperate with prosecutors and police; and (5) exonerates those who are ultimately not indicted.  See, U.S. v. Proctor & Gamble, 356 U.S. 677 (1958).
• The prosecutor may present any evidence (including evidence that would be inadmissible at trial : hearsay, illegally obtained evidence, etc.).  The prosecutor may also express his/her own opinion and explain the law directly to the grand jurors.  The prosecutor may withhold exculpatory evidence (evidence that tends to show that the defendant is innocent) from the grand jury.
• The grand jury may conduct their own investigation – they are not limited to the evidence presented by the prosecutor.
• The defendant has no right to be present, or testify – but if the defendant does appear/testify, he/she has no right to counsel.
• The defendant has no right to cross-examine witnesses, or challenge evidence presented by the prosecutor.
• If the grand jury decides not to issue an indictment, the prosecutor may impanel a new grand jury and try again.

What happens when an indictment is issued?

            This issuance of an indictment marks the beginning of formal criminal proceedings.  The indictment will issue with a summons/warrant.  Once the defendant is served/arrested, the pre-trial process begins.

If you are involved with a grand jury, either as a witness or defendant, or have otherwise been charged with a crime, call Young & Valkenet immediately for a free consultation (410) 323-0900.