Firm Wins Rare Dismissal of Indictment of Attempted First Degree Murder Charges

This week a Circuit Court for Harford County, Maryland judge dismissed attempted murder and all other related charges stemming from an indictment filed in October, 2010.  STSW attorney Steven D. Silverman argued that the indictment violated his client's due process rights because of a 16 month delay in indicting the case. The state's attorney waited to charge the case because its key witness was not available due to a military deployment. After a two hour evidentiary hearing, the Judge agreed that the defense had met it's burden of showing actual prejudice to the defendant and that the delay was purposeful by the prosecution to obtain a tactical advantage. The case involves issues of first impression in Maryland and the State is likely to appeal.