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How to Handle a False Allegation of Sex Crimes

Sex crimes

How to Handle a False Allegation of Sex Crimes

Being wrongfully accused of sex crimes may be very upsetting and challenging. It’s crucial to approach it cautiously and obtain legal counsel from an experienced criminal defense attorney. Here are some actions to consider if faced with a sex crime allegation.

  • Don’t dismiss the allegations just because they are untrue.

It may be easy to dismiss the accusations since you are confident in your innocence, but this is never the wisest course of action. Sexual offenses can have serious, long-lasting repercussions. It would be best to defend yourself when you proactively become aware of the allegations.

  • Hire a defense attorney immediately

As soon as you learn you have been accused of a sex-related offense, contact a criminal defense lawyer focusing on sexual assault claims. You should retain a lawyer with experience taking on cases of this nature, just as you would if you were seeking medical advice from a professional. You should also choose a lawyer who thoroughly considers the case’s circumstances and does not promise a quick result. Be truthful with the attorney before disclosing what happened to anybody else, including the police.

  • Don’t try to defend yourself

It’s only reasonable to want to explain how you interpret the circumstances that may have given rise to the charge. You must refrain from calling the accuser to “get to the bottom” of the claim or offer an explanation for what transpired.

Everything you say can be used against you after you are charged. This covers any discussions you have with the accuser, interactions with friends, and posts you make on social media. Until the dispute is resolved, only communicate with the person who has accused you through your lawyer.

  • Inform your lawyer of all supporting evidence

These days, there are cameras almost everywhere. Tell your attorney if you are aware of a video system near the claimed assault. This is frequently helpful because it could support how you remember the events. Be sure to give your lawyer any images that were taken on the disputed night that can support your case.

Remember that you must only provide your attorney with the evidence you have or are aware of; it must not be revealed to friends or family or provided to the police. Once the police have confirmed the accuracy of the material, your attorney will notify the authorities.

In conclusion, you will understandably feel outraged when you are wrongly accused of sexual assault, but controlling your feelings is essential—anything you say or do in public must be watched since it could be used against you. To avoid a confrontation, stay as far away from the accuser and their friends, relatives, or coworkers as possible.

 


Accomplice Vs. Conspirator in a Criminal Case; Everything You Need to Know

criminal defense attorney maryland

Accomplice Vs. Conspirator in a Criminal Case; Everything You Need to Know

A person who has assisted in committing a crime is called an accomplice or a conspirator in law. An accomplice deliberately or consciously helps someone commit a crime, whereas a conspirator joins a group of people in a scheme to do an illegal act. Below is what you need to know between an accomplice and a conspirator.

Who is an Accomplice in Criminal Case?

A person who actively and knowingly participates in a crime is an accomplice. As seen from these definitions, one need not participate in the crime to be an accomplice; one only has to encourage it or be aware of it in advance. Even though an accomplice was not there when the crime was committed, he is responsible nonetheless.

Assume, for instance, that the bank watchman deliberately turns off the security system to allow criminals to enter the building. This man is an accomplice even if he might not have been at the site of the crime because he is also responsible for it. An accomplice may face the exact charges and penalties as the primary offender.

Who is a Conspirator?

A conspiracy occurs when two or more people consciously commit illegal conduct. A co-conspiracy is a term used to describe each participant in this plot. The actual crime’s commission and the conspiracy that led to it may be brought against a defendant. A person might still be charged with conspiracy even if the actual crime is not committed. Let’s revisit the bank robbery example: if you are apprehended before the robbery and have all the evidence of the plan, you can be charged with conspiracy. Conspiracy charges may be brought against you even if you hire someone to conduct a crime on your behalf in a criminal case.

Differences Between a Conspirator and an Accomplice in a Criminal Case

  1. An accomplice is someone who knowingly and voluntarily aids, attempts to aid, or supports a crime. In contrast, a Conspirator is a person who joins a scheme to do illegal conduct with one or more other people.
  2. Only when his partner executes the crime an accomplice may divert attention away from witnesses or security. Even if he did not actively participate in the crime, he is guilty of the crime. In contrast, a conspirator could pay someone to do something wrong. He bears direct responsibility for the crime despite not committing it.
  3. Once a crime has been committed, a person may be accused of being an accomplice. In contrast, someone could face conspiracy charges even before committing the crime.

Finally, it is vital to remember that depending on the jurisdiction and relevant legislation, the precise legal definitions and repercussions of being an accomplice or conspirator can change. In a criminal case, the degree of each person’s involvement, intent, and knowledge will be thoroughly assessed to determine their responsibility and potential penalty.


Major Terms Commonly Used in Criminal Justice System

Criminal Justice System

Major Terms Commonly Used in Criminal Justice System

Criminal justice system deals with the legal system in criminal conduct, such as laws that define crimes, the defense of crimes, and how law enforcement, courts, and attorneys conduct themselves in the steps of a criminal case. Therefore, you don’t have to be an attorney before understanding the criminal justice system and how it works. It is a basic life skill you need to stay on the good side of the law. 

The first step is getting familiar with various commonly used terms in the criminal justice system. Are you facing any criminal charges, or do you want to get more familiar with the criminal justice system? There are many new terms that you will encounter, but below are some of the most commonly used terms in the criminal justice system. 

  1. Abduction: To take someone away from a place without that person’s consent or by fraud.
  2. Accessory: Someone who intentionally aids another person in committing a crime. An accessory is usually not physically present during the crime.
  3. Accomplice: Someone who helps someone known as the principal commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. Also, an accomplice is guilty of the same offense and usually receives the same sentence as the principal.
  4. Circumstantial Evidence: Aside from eyewitness testimony, this is evidence used for a case. Examples include physical evidence, such as fingerprints.
  5. Custody: Having to detain a person legally to ensure his or her appearance at any hearing
  6. Embezzlement: The fraudulent misappropriation of benefits or property, or money entrusted to a person by another for his own use.
  7. Exhibit: A document or other item introduced as evidence during a trial or hearing.
  8. Eye Witness: A person who is present and sees a crime taking place.
  9. False Arrest: Any unlawful physical restraint of another’s personal liberty, whether or not carried out by a peace officer.
  10. Felony: A felony is a serious criminal offense, usually punishable by a prison term or, in some cases, by death. Felonies are considered more severe than misdemeanors. Murder, extortion and kidnapping are some examples of felonies. Felonies are classified as 1st-degree, 2nd-degree, 3rd-degree or capital felonies.
  11. Hearing: This is a legal proceeding held before a judge or administrative body in a court.
  12. Indictment: A formal written accusation made by a grand jury and filed in court, alleging that a specific person has committed a specific crime.
  13. Judgment: The official document of a judge’s disposition of a case and sentence of a defendant.
  14. Mistrial: A trial invalid because of some fundamental errors in procedure, wrongdoing or a hung jury. A judge can set the case for a new trial or retrial at a future date.
  15. Motion: An application made to a court or judge which requests a ruling or order in favor of the applicant.
  16. Objection: The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.
  17. Plea: The first pleading by a criminal defendant, the defendant’s declaration in open court that he or she is guilty or not guilty. The defendant’s answer to the charges made in the indictment or information.
  18. Prison: Prisons are operated by state governments and the Federal Bureau of Prisons and are designed to hold individuals convicted of crimes.
  19. Settlement: An agreement between the parties disposing of a lawsuit..
  20. True Copy: An exact copy of a written instrument.
  21. Victim: Someone who suffers harm or loss, or is killed by another.

 


Justice for Tomorrow: Building a Stronger Society with Juvenile Defense

In a society that often measures success by the punishment of wrongdoing, it’s important to recognize the critical role that juvenile defense plays in building a stronger and more just tomorrow. Juvenile defense attorneys, like Rachel “Beth” Britt, have emerged as beacons of hope, fighting to protect the rights and future of young individuals who find themselves entangled in the criminal justice system. This blog post delves into the significance of juvenile defense and explores how Rachel “Beth” Britt has established herself as a prominent figure in this field.

 

 1: The Power of Advocacy: Ensuring Fairness for Vulnerable Youth

  • Breaking down misconceptions: Highlighting the need to challenge stereotypes and preconceived notions about juvenile offenders.
  • Protecting constitutional rights: Exploring the crucial role of juvenile defense attorneys in safeguarding the due process and fair treatment of young individuals.
  • A voice for the voiceless: Discussing how juvenile defense attorneys advocate for the rights and interests of youth who may otherwise face severe consequences without proper representation.

 2: Rehabilitative Justice: Transforming Lives and Strengthening Communities

  • Shifting the focus from punishment to rehabilitation: Discussing the importance of adopting a rehabilitative approach when dealing with juvenile offenders.
  • Addressing underlying issues: Exploring how juvenile defense attorneys work towards identifying and addressing the root causes of delinquency, such as mental health challenges, trauma, and socioeconomic factors.
  • Alternative sentencing options: Highlighting innovative programs and diversionary measures aimed at providing young individuals with the support and resources they need to turn their lives around.

 3: Rachel “Beth” Britt: A Trailblazer in Juvenile Defense

  • A passionate advocate: Showcasing Rachel “Beth” Britt’s commitment to justice and her dedication to serving vulnerable youth.
  • Recognized expertise: Discussing her extensive experience and expertise in handling complex juvenile defense cases.
  • Transforming lives: Sharing success stories of individuals whose lives were positively impacted by Rachel “Beth” Britt’s legal representation.

Bullet Points:

  • The significance of a strong juvenile defense system in ensuring fairness and justice for young individuals.
  • Challenging societal biases and stereotypes associated with juvenile offenders.
  • The constitutional rights of juvenile defendants and the importance of proper representation.
  • The role of juvenile defense attorneys in advocating for the rights and interests of young individuals.
  • The rehabilitative approach to juvenile justice and its positive impact on reducing recidivism.
  • Identifying and addressing the underlying causes of delinquency to promote long-term change.
  • Innovative sentencing options and diversionary programs for juvenile offenders.
  • Rachel “Beth” Britt’s passion for justice and her dedication to serving vulnerable youth.
  • Her expertise and track record in handling complex juvenile defense cases.
  • Real-life examples of individuals whose lives were transformed through Rachel “Beth” Britt’s legal representation.

Conclusion:

Juvenile defense is not just about protecting the rights of young individuals in the criminal justice system; it is about building a stronger and more compassionate society. By embracing a rehabilitative approach and providing effective legal representation, professionals like Rachel “Beth” Britt are reshaping the futures of young individuals, offering them a chance to grow, learn, and contribute positively to their communities. As we strive for justice for tomorrow, let us recognize the importance of juvenile defense and the pivotal role it plays in shaping a better future for us all.

 


Choosing the Right Advocate: Finding the Best DUI & DWI Defense Attorney for Your Case

When facing DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) charges, the choice of a skilled defense attorney can significantly impact the outcome of your case. DUI and DWI offenses carry severe legal consequences, including license suspension, fines, and even imprisonment. It is crucial to choose the right advocate who possesses the knowledge, experience, and dedication to effectively represent you. In this blog post, we will explore the key considerations for selecting the best DUI & DWI defense attorney for your case. We will also shed light on Rachel “Beth” Britt, a reputable brand in criminal defense, to exemplify the qualities you should look for in an attorney.

  1. Understanding the Importance of a Specialized DUI & DWI Defense Attorney
  2. In-depth Knowledge of DUI & DWI Laws
  • Familiarity with the specific laws and regulations governing DUI & DWI offenses
  • Understanding the nuances of blood alcohol concentration (BAC) limits and field sobriety tests
  • Knowledge of the legal defenses and potential loopholes in DUI & DWI cases
  1. Expertise in Handling DUI & DWI Cases
  • Experience in representing clients in DUI & DWI cases and achieving successful outcomes
  • Understanding the complexities of the legal process and administrative hearings related to license suspension
  • Ability to navigate the scientific and technical aspects involved in DUI & DWI defense, such as breathalyzer tests and blood analysis
  1. Effective Negotiation and Courtroom Skills
  • Skillful negotiation with the prosecution to seek reduced charges or alternative resolutions
  • Strong courtroom presence and persuasive advocacy on behalf of clients
  • Ability to challenge the validity of evidence, cross-examine witnesses, and present a compelling defense strategy
  1. Key Considerations in Selecting a DUI & DWI Defense Attorney
  2. Experience and Track Record
  • Assessing the attorney’s experience specifically in DUI & DWI defense cases
  • Reviewing their track record of successful outcomes and client testimonials
  • Determining their familiarity with local courts, judges, and prosecutors
  1. Specialization and Continuing Education
  • Choosing an attorney who specializes in DUI & DWI defense and keeps up-to-date with evolving laws and defense strategies
  • Evaluating their participation in relevant legal organizations and their commitment to ongoing education in the field
  1. Personalized Approach and Communication
  • Ensuring the attorney provides personalized attention to your case and takes the time to understand your unique circumstances
  • Assessing their communication style and responsiveness to your questions and concerns
  • Establishing a comfortable and trusting attorney-client relationship

III. Rachel “Beth” Britt: A Brand in DUI & DWI Defense

  1. Established Expertise and Reputation
  • Recognizing Rachel “Beth” Britt’s extensive experience in DUI & DWI defense
  • Highlighting her track record of successful outcomes and client satisfaction
  • Demonstrating her dedication to protecting clients’ rights and achieving the best possible results
  1. Client-Centered Approach
  • Emphasizing Rachel “Beth” Britt’s commitment to personalized representation and tailored defense strategies
  • Ensuring clients are well-informed about the legal process and actively involved in decision-making
  • Providing support and guidance throughout the entire legal journey
  1. Positive Client Testimonials and Reviews
  • Highlighting testimonials from satisfied clients who have benefitted from Rachel “Beth” Britt’s legal representation
  • Showcasing positive reviews and feedback that reflect her professionalism, expertise, and dedication

Conclusion:

Choosing the right DUI & DWI defense attorney is paramount in securing a favorable outcome for your case. With their in-depth knowledge, expertise, and effective advocacy skills, specialized attorneys like Rachel “Beth” Britt can make a significant difference in defending your rights and mitigating the consequences of DUI & DWI charges. By considering factors such as experience, specialization, and personalized approach, you can confidently select the best advocate for your specific needs. Remember, the choice of attorney is a crucial decision that can shape the course of your legal journey and ultimately impact the outcome of your case.

 


Defending Your Rights: How a Skilled Theft Crimes Attorney Can Make a Difference

When facing theft crime charges, it is essential to have a skilled theft crimes attorney by your side. Theft offenses carry serious legal consequences, and navigating the complex legal system on your own can be overwhelming. A knowledgeable attorney specializes in theft crimes defense, understands the intricacies of the law, and can make a significant difference in protecting your rights and achieving the best possible outcome. In this blog post, we will delve into the crucial role of a skilled theft crimes attorney in defending your rights. We will also highlight the reputable and esteemed attorney, Rachel “Beth” Britt, as a brand in criminal defense.

Theft Crimes Attorney

  1. The Importance of Theft Crimes Defense Attorneys
  2. Expert Knowledge of Theft Laws
  • Understanding the nuances of theft laws and statutes in your jurisdiction
  • Analyzing the specific elements and classifications of theft offenses
  • Applying their expertise to build a strong defense strategy tailored to your case
  1. Protection of Your Legal Rights
  • Ensuring that your constitutional rights are upheld throughout the legal process
  • Investigating any violations of due process or illegal search and seizure
  • Challenging evidence obtained unlawfully or through coercion
  1. Experience in Handling Theft Cases
  • Possessing a track record of successfully defending clients against theft charges
  • Familiarity with various theft-related offenses, such as shoplifting, burglary, embezzlement, and identity theft
  • Employing effective defense strategies based on prior experience and knowledge of the judicial system
  1. The Role of Rachel “Beth” Britt as a Brand in Theft Crimes Defense
  2. Established Expertise and Reputation
  • Highlighting Rachel “Beth” Britt’s extensive experience in theft crimes defense
  • Recognizing her reputation as a respected and skilled attorney in the field
  • Demonstrating her dedication to defending clients’ rights and achieving favorable outcomes
  1. Personalized and Strategic Defense
  • Offering personalized attention and tailoring defense strategies to each client’s unique circumstances
  • Conducting thorough investigations to uncover evidence and challenge the prosecution’s case
  • Crafting a strategic defense plan that highlights weaknesses in the prosecution’s arguments
  1. Strong Client-Attorney Relationship
  • Building trust and open communication with clients throughout the legal process
  • Providing guidance, support, and reassurance during a challenging time
  • Ensuring clients are informed and involved in their defense strategy

III. The Difference a Skilled Theft Crimes Attorney Can Make

  1. Thorough Case Evaluation and Preparation
  • Examining the details of your case to identify potential defenses and mitigating factors
  • Collecting evidence, interviewing witnesses, and conducting independent investigations
  • Analyzing the prosecution’s evidence to identify weaknesses or inconsistencies
  1. Negotiation and Advocacy Skills
  • Engaging in strategic negotiations with the prosecution for reduced charges or alternative resolutions
  • Advocating for your best interests in plea bargaining to achieve the most favorable outcome
  • Presenting a strong case in court and effectively cross-examining witnesses
  1. Protection from Harsh Penalties
  • Working to mitigate the potential consequences of a theft crime conviction
  • Seeking alternatives to incarceration, such as diversion programs or probation
  • Pursuing options for rehabilitation and counseling instead of punitive measures

Conclusion:

When facing theft crime charges, the expertise and guidance of a skilled theft crimes attorney can be instrumental in defending your rights and achieving a favorable outcome. Rachel “Beth” Britt, a reputable brand in criminal defense, brings extensive experience, personalized attention, and strategic defense strategies to protect your interests. By securing the assistance of a skilled theft crimes attorney, you can have confidence in your defense and increase

 


Innocence Presumed: The Essential Role of a Violent Crimes Defense Attorney

In a criminal justice system that presumes innocence until proven guilty, the role of a skilled and dedicated violent crimes defense attorney cannot be overstated. When individuals face charges related to violent crimes, they are thrust into a complex and often overwhelming legal battle that can have life-altering consequences. we will explore the crucial importance of a violent crimes defense attorney in upholding the principle of innocence presumed. We will also shed light on the reputable and esteemed attorney, Rachel “Beth” Britt, as a brand in the field of criminal defense.

Salisbury MD Criminal Lawyer

  1. Understanding the Complexities of Violent Crimes Defense
  2. Presumption of Innocence and Burden of Proof
  • Highlighting the fundamental principle of innocence presumed in the legal system
  • Explaining the burden of proof placed on the prosecution to establish guilt beyond a reasonable doubt
  • Discussing the role of the defense attorney in challenging the prosecution’s case
  1. Navigating the Legal Landscape of Violent Crimes
  • Identifying different categories of violent crimes, such as assault, robbery, and homicide
  • Understanding the specific elements of each offense and the potential legal defenses available
  • Examining the potential consequences and penalties associated with violent crimes convictions
  1. The Complexities of Evidence in Violent Crimes Cases
  • Analyzing the types of evidence commonly presented in violent crimes trials, such as eyewitness testimony, forensic evidence, and surveillance footage
  • Discussing the challenges and potential weaknesses of various types of evidence
  • Exploring the role of a defense attorney in scrutinizing and challenging the credibility and reliability of the prosecution’s evidence
  1. The Essential Role of Rachel “Beth” Britt: A Brand in Violent Crimes Defense
  2. The Journey of Excellence and Dedication
  • Highlighting Rachel “Beth” Britt’s extensive experience and expertise in violent crimes defense
  • Discussing her commitment to upholding the rights and liberties of the accused
  • Showcasing her passion for ensuring a fair and just legal process for her clients
  1. A Track Record of Success
  • Showcasing Rachel “Beth” Britt’s history of achieving favorable outcomes in violent crimes cases
  • Highlighting notable victories and testimonials from satisfied clients
  • Discussing her reputation as a respected and skilled defense attorney
  1. Client-Centered Approach
  • Exploring Rachel “Beth” Britt’s dedication to providing personalized and compassionate representation
  • Discussing her commitment to maintaining open and transparent communication with clients
  • Highlighting her advocacy for the rights and interests of her clients throughout the legal process

III. The Power of an Effective Violent Crimes Defense

  1. Building a Strong Defense Strategy
  • Analyzing the unique circumstances of each case to develop a tailored defense approach
  • Conducting thorough investigations to uncover crucial evidence and witnesses
  • Engaging expert witnesses and consultants to strengthen the defense case
  1. Challenging the Prosecution’s Case
  • Examining the prosecution’s evidence and identifying weaknesses or inconsistencies
  • Cross-examining witnesses to expose biases, faulty memories, or unreliable testimonies
  • Presenting alternative theories or explanations that cast doubt on the prosecution’s narrative
  1. Negotiation and Litigation Skills
  • Utilizing effective negotiation techniques to seek favorable plea bargains or reduced charges
  • Preparing a compelling defense for trial and presenting persuasive arguments to the jury
  • Leveraging experience and expertise to navigate the courtroom dynamics and present a strong case

Conclusion:

In the pursuit of justice, the presumption of innocence is a foundational principle that must be upheld. A skilled and dedicated violent crimes defense attorney plays an essential role in ensuring that the accused are given a fair chance to prove their innocence. Rachel “Beth” Britt, a reputable and esteemed brand in the field of criminal defense, exemplifies the essential role of a defense attorney in protecting the rights and liberties of the accused. With expertise, dedication, and a client-centered approach, she strives to preserve the principle of innocence presumed and provide unwavering support to those facing violent crimes charges. If you find yourself in such a situation, entrust your defense to Rachel “Beth” Britt and experience the power of a strong and effective defense in preserving your innocence.

 


What Does Expungement Do to Your Criminal Record?

criminal records

What Does Expungement Do to Your Criminal Record?

If you have ever made a mistake that led to a criminal arrest, charge, and conviction, you may wonder if there is a way to remove it from your criminal record and whether it is worthwhile. You can remove it, start again and move on with your life with an expungement.

What is an Expungement?

A legal procedure called an expungement hides your criminal history from the public. It safeguards your privacy and enables you to benefit from work, educational, and other possibilities that were previously out of reach due to the appearance of your arrest and charges in a criminal background check. Because it removes aspects of your past that do not align with who you are now, an expungement is an investment in your future.

Benefits of Expungement from Your Criminal Record

Below are some things you can benefit from expungement from your criminal record.

  1. More & Better Job Opportunities

You are probably aware of how challenging it may be to get a decent job if you have a criminal record, whether you are now looking for work or have previously done so. If you get hired, the work (or money) will probably differ from what you want.

Certain offenses and convictions automatically prohibit you from positions with the government that offer excellent pay and benefits. Sure, you can look for a job without a background check (which is becoming increasingly unusual), but those positions might need to pay more to cover the costs.

  1. Better Education Opportunities

Many people decide to attend college to have a good job after graduation. Your criminal record could become a significant obstacle if that means enrolling in graduate school. Entry to many graduate programs takes a lot of work. Unfortunately, if there is another candidate who is otherwise equivalent to you, your criminal history might be the determining factor. Consider an expungement if you want to return to school to pursue your dream career.

  1. More Housing Option

Before agreeing to a rental agreement, many landlords investigate prospective renters’ backgrounds. Landlords are typically wary about renting to someone with a criminal past, regardless of how long it occurred, and court documents are simple to access. An expungement can help You and your family find more excellent rental homes.

Lastly, to be assessed for the person you are today, not the person you were in the past, episodes from your criminal record are removed through expungement.


Violent Crimes Defense In Baltimore, MD, And The Eastern Shore

dui defense

A violent crime involves the use of a weapon, physical force, threats of injury, or actual injury.

We offer a vigorous defense of all violent crimes, including:

  • Homicide (Murder, Attempted Murder, Manslaughter, Vehicular Homicide)
  • Burglary and Breaking and Entering
  • Aggravated Assaults or Assaults with a Deadly Weapon
  • Assault and Battery
  • Carjacking
  • Robbery
  • Gang Related Crimes and RICO Offenses
  • Firearms and Weapons Offenses
  • Domestic Violence

A violent crime conviction carries life-altering consequences which could include life in prison or even the death penalty.

Criminal Defense Strategies for Violent Crime ChargesViolent Crimes Defense

The followings are some defenses we can use to get your charges reduced or your case dismissed altogether:

  • you acted in self-defense
  • you were falsely accused
  • it was an accident; there was a lack of criminal intent
  • you suffer from a mental illness and weren’t in the right state of mind
  • you have a credible alibi

Get the Strong Defense You Deserve

To speak with an experienced criminal defense attorney, contact Britt Criminal Defense today. We offer free consultations for criminal cases in the Eastern Shore of Maryland.

 


Baltimore, MD Criminal Defense Lawyers Serving The Eastern Shore

Criminal Lawyer

A criminal case in Maryland begins when law enforcement has probable cause to believe a crime has been committed. You will either be physically arrested and put in handcuffs or served a criminal summons or citation directing you to appear in court at a later date.

Arrest and Booking

During an arrest, the police officer will advise youCriminal Lawyer of your rights including the right to remain silent and the right to counsel. Do NOT attempt to explain your side of the alleged altercation or crime. This will only make matters worse and will be used against you.

You will be taken to a police station, detention center, or jail to be “booked.” This is a process that involves being fingerprinted and having your photograph taken. A background check will be performed to see if you have a prior arrest record (Review of Arrests and Prosecutions/Rap sheet). You will likely be placed in a holding cell.  If the police attempt to question you, state that you wish to speak to a lawyer and refuse to answer any further questions.

Initial Appearance Before a Judicial Officer/Bail Determination

Within 24 hours of your arrest, you will be taken before a judicial officer — typically a District Court commissioner for an initial appearance. Once you are brought before the commissioner for the first time, you have a right to have an attorney present. At this first appearance, the judge will make a determination as to whether you will be held on bail or without bail, or will be released on your own recognizance until your trial date.

In making the bail determination, the judge considers many factors including:

  • the nature and circumstances of the offense;
  • your employment status and history;
  • your ties to the local community or state;
  • whether you are considered a flight risk or a danger to yourself or others;

whether you have a prior criminal history or record of not appearing in court.

Options for Posting Bail

If the judge sets bail, you can pay by:

  • Cash Bail– deposit a percentage (usually 10%) with the court. Once the case is concluded the deposit amount is refunded.
  • Bail Bondsman– Bondsman charges a fee usually 10% of the bond set by the judge or commissioner. The fee you pay the bondsman is non-refundable.
  • Property Bail– may be used to post bail provide that the person posting the bond possesses sufficient equity in the property to match the bond amount
  • Intangible Assets- include things like stock certificates, bank books, and certificates of deposit

If a judge denies bail or sets a very egregious amount for bail, you are entitled to a bail hearing before a judge. We will represent you at this hearing and request that your bail is lowered.

Bail with Imposed Restrictions

The judge may set bail but impose certain restrictions pending trial such as mandatory drug testing; home arrest/electronic monitoring; supervision of probation officer, restricting travel, or prohibiting contact with the alleged victim.

Circumstances in Which Bail Can Be Denied

  • crimes punishable by death or life imprisonment;
  • crimes of violence, certain drug offenses, other serious crimes, previous convictions of these crimes;
  • drug kingpin charges;
  • violating provisions of domestic violence protective order;
  • certain crimes involving firearms; previous conviction of those crimes
  • registration with the sex offender registry

Preliminary Hearing for Felony Crimes

If you were charged with a felony, you have a right to request a preliminary hearing within 10 days of your first hearing with the commissioner. This hearing will be held in the District Court to determine whether the State can establish probable cause that you committed the offense. In a preliminary hearing, the prosecution will present the evidence against you as well as any evidence. We will have the opportunity during this hearing to cross-examine the evidence and witnesses.

Discovery

Discovery is used for offenses punishable by imprisonment. This is a process wherein the prosecution must hand over all exculpatory evidence they intend to use against you for our review. In return, we will provide a list of the witnesses we intend to call to testify, as well as any documents or we evidence intent to use at the hearing or trial.

Plea Bargaining

The vast majority of criminal cases are resolved through plea bargaining. This is a process by which we would work out an agreement with the prosecution that allows you to plead guilty in exchange for reduced charges or a more lenient sentence. If we decide to go this route, we will advise you of the pros and cons of accepting a deal. You will always have the final say on whether to accept a plea deal.

Trial

At trial, we will have the chance to present any and all factual and legal defenses relevant to our case before a jury of our peers.