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What Are the Major Stages of a Criminal Case in Maryland?

Criminal Case In Maryland

What Are the Major Stages of a Criminal Case in Maryland?

Handling a criminal case in Maryland can be a complicated affair without the proper knowledge of the proceedings. Often the process involves an array of stages that could take a significant amount of time to get through, depending on the nature of the crime and the specific state’s laws. Below are the major stages of a criminal case in Maryland.

1.   Investigation

Every criminal case begins with an investigation. In Maryland, charges and investigations usually start when someone files a complaint with the officials. Say, for instance, there was a fight at the bar or an incidence of domestic violence. In such cases, when the police are called, it is on the grounds of “exigent circumstances,” and depending on the severity of the issue, a warrant might not be necessary. However, the authorities may interview the involved persons, further investigate the intricacies of the matter, and determine whether criminal charges will be filed.

2.   Processing With the Necessary Authorities

Following up after the investigation by law enforcement officials, depending on the nature of the criminal case in Maryland, the next stage is usually handled by the involved authorities. Who may either be commissioners, the police themselves, or handed over to detectives and administrative investigators, depending on the case.

3.   Filing a Charge for  Criminal Case in Maryland

Depending on the nature of the incident, the reporting personnel or government might decide to file charges against the other party. If this is the case, the reporting person is to see the commissioner or police officer, who will verify and validate the provided facts. The integrity of information and the nature of the crime are the factors that will direct the commissioner into deciding whether or not the case is worth filing.

4.   Preliminary Hearings for A Criminal Case In Maryland

Once the provided facts are correct, in Maryland, the next step is having the defendant exercise their rights to a preliminary hearing in a district court. In a preliminary hearing, evidence is first provided by the state’s attorney’s office. Based on the information provided, the district court is then to decide whether the case should continue in a circuit court.

5.   An Investigation by A Grand Jury

Depending on the severity and nature of the crime, or in an instance when the integrity of provided information needs to be clarified further, a more independent body might be required. At the federal and state levels, a grand jury comprises 24 jurors. This body is responsible for validating facts following the state’s laws and ensuring no over-exaggeration or misleading information. The review of the grand jury will be the basis of whether indicting the defendant is valid.

6.   An Arraignment in Criminal Court

If the Grand jury finds the indictment of the defendant valid, the defendant is to appear before the criminal court. It is of utmost importance for the defendant to have a skilled lawyer present through this process to be adequately informed about the intricacies of the arraignment and how to best navigate the situation. After arraignment, a trial date is set, and the time before the trial is a necessary period called the “discovery time.” During this period, it is in the defendant’s best interest to have an experienced attorney going through every detail of the case and obtaining the necessary information to ensure the affected party can benefit from the situation.

 


What Does an Order Of Suspension Mean In A DUI Case In Maryland

Order of Suspension

What Does an Order Of Suspension Mean In A DUI Case In Maryland

Driving when impaired by alcohol or drugs is a felony, and it is otherwise called driving under the influence (DUI). An Order of Suspension is an order that suspends your driver’s license. The police will issue under these circumstances:

  • You submitted to a breath or blood test, and your blood alcohol content (BAC) was 0.08 percent or higher.
  • You refused to submit to a breath or blood test after being asked to take one by the police.

When the officer issues an Order of Suspension, he confiscates your driver’s license and may issue you a 45-day temporary paper license.

Your Right to an Administrative Hearing If You Receive an Order of Suspension

You have the right to ask for an administrative hearing if you were issued an Order of Suspension to argue why your driver’s license should not be suspended. You have the right to request a hearing within 30 days of the Order’s publication date.

You can also avoid having your driver’s license suspended by enrolling in the Interlock Ignition Program within 30 days of the date of the Order of Suspension. Your driver’s license cannot be denied, canceled, suspended, or revoked while enrolled in this program.

Repercussions of a DUI Charge

Depending on the circumstances, someone accused of a DUI in Maryland may immediately experience consequences to their license. The Maryland Motor Vehicle Administration (“MVA”) may automatically suspend a person’s temporary driver’s license if they are arrested and charged with DUI, especially when their Breathalyzer result is higher than the permitted limit of 0.08% blood alcohol content.

Implications of a DUI conviction

Anyone found guilty of DUI will immediately receive 12 points on their license and may also face jail time, fines, and court fees. In Maryland, a person’s license will be suspended, and they won’t be able to drive if they have 12 points or more on their driving record.

Finally, while no one can guarantee safety, you can take as many precautions as possible. The District Court will ask the MVA to lift your suspension once you have met the requirements. Keep in mind that your driving record will still reflect the suspension.

 

 


What are the Best Defenses for a DUI case in Maryland?

Order of Suspension

What are the Best Defenses for a DUI case in Maryland?

A DUI conviction carries severe consequences such as license suspension, huge fines, and perhaps jail time in Maryland. A criminal defense attorney can start looking into the specifics of your case and create a solid legal defense in case of an arrest. Below are the best defenses if you face an arrest for DUI in Maryland.

The Breath Alcohol or Blood Alcohol Test was Inaccurate 

Most police officers use a breathalyzer or blood test to assess the suspect’s level of intoxication after arrest. There is a danger that the instrument would break down or the lab technician misinterpret the results. The breathalyzer testing helps to determine the amount of alcohol in your blood. It counts the number of breath alcohol particles in your lungs. This test might not be accurate and can serve as a defense for you at trial.

The Police Officer Engaged in an Illegal Stop  

Police officers are not allowed to stop any car they want, and they must have a solid and convincing reason to suspect that the driver is breaking Maryland’s traffic laws. The burden of proof rests with the prosecution to demonstrate that they legally obtained the evidence used against the offender. If the police officer in your case pulled you over without a valid reason to believe you were breaking a traffic rule or other law, all the evidence might be unnecessary.

There Was No Evidence That You Were Driving a Vehicle 

The prosecution must demonstrate that the suspect had physical control over a vehicle. Without the evidence of driving, the prosecutor cannot secure a conviction for DUI. Suspects sometimes wait until they are sober before starting the engine while seated in the driver’s seat. Defense attorneys can use this evidence to claim that the defendant was not actually in physical control of the car and cannot be guilty of DUI.

You Were Not Given the Chance to Contact Your Defense Attorney 

Every suspect in a DUI case has the right to a defense attorney during the trial, primarily due to the time frame involved. The court will suppress any evidence acquired if there is a violation of the suspect’s right to an attorney.

In conclusion, you must contact a qualified criminal defense attorney if arrested or detained in Maryland for DUI.

 


Trial Vs Settlement in Criminal Cases in Maryland; Pros and Cons

Criminal Case

Are you aware of your best choice between settlements and trials in your criminal case? You might decide right away in some situations that you want to settle the matter amicably, but you might decide that you would like to go to trial in other situations.

A Trial

A trial is a procedure through which a judicial authority examines a dispute between the parties. They establish their legal rights on an equal footing and follow due process before a judge or jury, who subsequently renders a verdict on the plaintiff’s damages. A courtroom may consist of a judge, jury, lawyers, witnesses, and testimony.

Pros

The jury may award more money in damages than would have been decided in a settlement in court. But you might or might not benefit from this. Trials also frequently result in an admission of guilt, which can give people involved a more substantial and lasting closure.

Cons

There are many factors to consider throughout the trial, and any one of them could potentially alter how the case turns out. This ambiguity over the date, outcome and other factors can be exceedingly stressful for all parties concerned. Trials may last for years before reaching a decision.

Settlement

Reaching a settlement means reaching an agreement or resolution outside the courtroom. A payment that has been considered to be an appropriate amount of compensation for whatever losses have happened is typically included in this resolution.

Pros

You are informed of the agreed-upon amount of compensation and may even have more input into it in settlements. Settlements are frequently concluded much more quickly than legal proceedings. You can avoid the high legal fees and other expenses that come with going to trial by coming to a settlement. You might feel less mental and emotional stress If you decide to settle instead than going to trial. Settlements also allow for greater personal privacy.

Cons

There is no assurance that the compensation amount chosen would be more favorable to you than what a jury would find reasonable. Defendants frequently do not express any regret or make formal admissions of guilt in settlements.

Lastly, consult a criminal defense lawyer to get a picture of how your case might develop by understanding the distinctions between approaches to your criminal case.


Is there a Special Punishment for Recurring DUI Offenses in Maryland?

Is there a Special Punishment for Recurring DUI Offenses in Maryland?

While being charged with drunk driving does not guarantee that you will be convicted and face penalties, it does mean that you should be aware of your defense options. Also, you should fully understand the penalties you could face. If a person has a recurring history of DUI offenses in Maryland, the severity of the penalties may increase, making it critical to present a timely and aggressive defense.

Repeated Offender Penalties

if a person has a previous DUI record for the previous five years, they may face harsher penalties in Maryland. A first-time offender faces up to a year in jail, a $1000 fine, and a suspended driver’s license, whereas a repeat offender faces several years in prison. For example, two DUIs within five years could result in two years in prison. However, if a person receives a third conviction, considered the third strike, they may face up to 5 years in prison. Furthermore, if a person faces a fourth DUI charge, they could face up to ten years in prison.

DUI (driving under the influence) vs. DWI (driving while intoxicated) in Maryland

DWI and DUI are both charges that the state of Maryland can bring against someone accused of driving while intoxicated. A repeat offender faces far harsher penalties, as the maximum jail sentence for DUI with one prior conviction is two years. Drivers with a blood alcohol concentration (BAC) of 0.07% or higher will face impaired driving charges under Maryland law (DWI). A person with a blood alcohol concentration (BAC) of 0.08% or higher will face driving charges (DUI). DUI charges are thus the more serious of the two. While prosecutors may simultaneously charge a defendant with DUI and DWI, only one of these charges is possible.

In conclusion, defendants convicted of DWI, on the other hand, may not face conviction of DUI because the elements of DWI fall short of those of DUI. DUI offenses in Maryland are, thus, essentially a more serious DWI.


Criminal Arrests | Eastern Shore Maryland

Salisbury Criminal Lawyers

Arrests On The Eastern Shore Of Maryland

The eastern shore of Maryland is known for its rich history, beautiful landscapes, and vibrant communities but the Eastern Shore of Maryland also has a fair share of criminal activity. Some believe that this is due in part to its proximity to major metropolitan areas like Washington, D.C., Baltimore, and Philadelphia. While communities may look perfect on the outside, no one is above making a mistake that lands them in handcuffs or a criminal court. The region has also been home to a number of high-profile criminal cases, including the murder of former NFL star Aaron Hernandez.

Crime rate on the Eastern Shore

In recent years, the Eastern Shore has seen a decrease in overall crime rates. However, there has been an increase in the number of drug-related crimes. In particular, heroin and opioid abuse have become a major problem in the region.

If you are facing criminal charges on the Eastern Shore of Maryland, it is important to have an experienced lawyer by your side. The attorneys at Britt Criminal Defense have extensive experience handling criminal cases on the Eastern Shore, and we will work tirelessly to help you achieve the best possible outcome for your situation. Contact us today to schedule a consultation and learn more about how we can help you.

Get Help Today

No matter what type of criminal charges you may be facing, the attorneys at Britt Criminal Defense are here to help. Your future depends on effective defense and we have decades of experience handling complex criminal cases on the Eastern Shore, and we will work tirelessly to achieve the best possible outcome for your situation.


What is the Burden of Proof in a Burglary Case?

Criminal Defense Process

Proving That You Are Guilty

In Maryland, prosecutors have the burden of proof in criminal cases. They must prove certain elements of a crime and if they fail to do so well, the case could end with a dismissal or a reduced charge. In burglary cases, three elements must be proven by prosecutors and an experienced defense attorney will work to dismantle the prosecution’s argument on each of these elements. Here’s what you need to know.

Unlawful Entry

First, prosecutors must prove that your entry into the structure in question was unlawful or unauthorized. If you can prove that you had permission to enter the structure, or reasonably assumed that you did, you may be able to have the charges against you reduced or dismissed.

Into a Vehicle, Home, or Commercial Building

The prosecution must also prove that the structure in question was a commercial building, a home, or a vehicle. For example, if the structure was an abandoned shed on non-residential property, this may not qualify as the type of structure a burglary can be committed inside. In cases where the structure was not a vehicle, home, or commercial building, it may be possible to have the charges reduced to simple theft.

With Intent

It must be proven that you knew what you were doing and had the intent to commit a crime after unlawfully entering one of the above structures. If you did not know that your entry was unauthorized or that the structure was a vehicle, home, or commercial building, the prosecution may have a difficult time proving this element.

You do not need to have actually stolen anything or committed any crime while inside the building. If the prosecution can prove that you had the intent to do so, you can still be charged and convicted of burglary in Maryland.

Contact Britt Criminal Defense Today

If you’ve been charged with burglary, it’s critical that you work with an experienced Maryland criminal defense lawyer to protect your rights. Your attorney will identify the holes in prosecution’s case against you and bring evidence in your favor to light. Evidence in a burglary case is often open to interpretation, so it’s critical that you have a criminal defense lawyer advocating for you.

Contact Britt Criminal Defense today to learn more about how to fight serious burglary charges or to schedule a consultation to discuss your case in more detail. Call now at (443) 614-6881.

 


Wicomico County DUI Charges | Eastern Shore Maryland

Order of Suspension

DUI Lawyers In Wicomico County, Maryland

The DUI laws in Maryland are pretty straightforward, but there can be a lot of factors surrounding a DUI charge.    Although a DUI is a criminal offense, DUI charges are brought against you by the state and not by your victim or anyone else that was harmed as a result of the DUI incident.   DUI charges mean that you will have to appear in court on the DUI charges and DUI offenses will stay on your record for an indefinite time period.    DUI cases can be complicated depending on your case, but they do not have to be there are ways that you can help yourself in DUI cases.

Strict DUI Laws In Maryland

It’s important to note that the DUI laws in Maryland are strict, especially for repeat offenders or drivers under the age of 21. DUI is a crime that can be punishable as a misdemeanor or as a felony depending on your DUI history and any other factors surrounding your DUI case. DUI charges do not only encompass driving under the influence, but it also covers DUI’s where someone else was injured and DUI cases where you actually hurt someone.   DUI penalties may include DUI fines, DUI jail time, and DUI license suspension.    DUI charges can be very costly depending on your DUI case and the DUI penalties may include high DUI accident fees and DUI accident restitution.

DUI Charges VS DUI Arrest

A DUI charge is different from a DUI arrest because you do not actually have to be arrested for a DUI offense, but if you are arrested with any degree of DUI you will have to appear in court for DUI charges. DUI arrests can also come with DUI citations that are not criminal penalties, but they do indicate that the DUI police officer felt that there was enough probable cause for DUI charges.   DUI arrests can become DUI convictions if the case goes to trial and it is up to the prosecutor to prove your DUI case beyond a reasonable doubt. DUI arrests can also come with DUI misdemeanors or DUI felonies depending on the DUI circumstances. For more information, contact our office to learn how. we may be able to help you.

Call Britt Criminal Defense Today


Marijuana Laws in Maryland

weed-smell-arrest

Maryland Marijuana Laws & How They Affect You

The laws on marijuana possession are changing. Marijuana was once illegal throughout the entire United States, regardless of state or local law. However, since 1996, 20 states have passed legislation removing state-level criminal penalties for either medical use, small-time recreational use, or both. Lately, there has been a push to legalize recreational marijuana in Maryland.

Pro-Marijuana Advocates In Maryland

Pro-marijuana supporters believe marijuana legalization in Maryland marijuana laws would provide many benefits to the state’s citizens, including increased tax revenue, new jobs created by marijuana businesses (growers, sellers), and decreased crime rate because marijuana users would no longer need to illegally obtain marijuana.

Anti-Marijuana Advocates Against Cannabis Legalization

Anti-marijuana supporters argue that making it legal, would create more recreational cannabis users and further argue that:

  • legalizing marijuana would increase marijuana usage among children and teens,
  • create new marijuana users who would have never used marijuana if it was illegal,
  • decrease work productivity in users,
  • introduce marijuana use to an entire population of people who were previously deterred by the legal risks associated with marijuana possession.

Still An Ilegal Drug Under Federal Law

Nevertheless, marijuana is still considered a Schedule I drug under federal law. This means marijuana is illegal to grow, distribute, or use under federal law.

Maryland marijuana laws differ depending on the county and city you live in so, it’s important to understand that Marijuana is still considered a controlled substance, and that possessing marijuana, even if it’s only for your own personal possession, is still a punishable offense.

Medical Marijuana In Maryland

In May of 2013, Maryland marijuana laws changed to allow seriously ill patients with certain qualifying conditions to legally possess marijuana for medical purposes (medical marijuana). The law allows marijuana users to register at a dispensary and receive medical cannabis (marijuana) from the dispensary.

Maryland’s Medical Marijuana Program

The Department of Health in each Maryland county can determine which illnesses qualify for medical cannabis use in their respective counties. For example, in Baltimore County, marijuana can only be used for glaucoma and cancer. In Harford County, marijuana can only be used for Crohn’s disease or the treatment of a chronic or debilitating medical condition that produces wasting syndrome, severe pain, severe nausea, seizures, or persistent muscle spasms.

Legal Medical Cannabis Registration

In order to register as a medical marijuana user in Maryland, a marijuana user must go to a dispensary and complete an application form. The marijuana user will then have the marijuana caregiver submit the application for medical marijuana to the Department of Health in their county.

Once approved, medical marijuana users can possess up to a thirty-day supply of marijuana at any given time if they are not registered with a marijuana dispensary.

Registered marijuana users can possess up to a ninety-day supply at any given time, depending on the state-approved marijuana dosage amount for each patient.

Maryland Marijuana Laws For Marijuana Dispensaries

Maryland marijuana law allows each county to decide whether or not to allow marijuana dispensaries (dispensaries) within the county. Currently, Baltimore County forbids marijuana dispensaries.

Maryland Marijuana Penalties and Criminal Charges

Marijuana users who are caught in possession of marijuana without a medical marijuana card will be sentenced to up to 90 days in prison or a fine. Marijuana Possession

Criminal marijuana possession charges are punishable by up to one year in prison and/or a fine of up to $1,000. If the marijuana user has marijuana packaged for distribution purposes, marijuana possession is punishable by up to five years incarceration and/or a maximum fine not exceeding $5,000.

First Offense (less than 10 grams marijuana)

  • Unlawfully using or possessing marijuana (Maryland marijuana laws do not allow marijuana to be used for any reason other than medical purpose. This is punishable by up to 90 days in prison and/or a fine of up to $500.)

Second Offense (10-49 grams marijuana)

  • – marijuana use or possession (punishable by up to one year in prison and/or a fine of $500)
  • marijuana distribution charges (punishable by up to three years incarceration and/or a maximum fine not exceeding $25,000).

Third Offense (50 grams or more marijuana)

  • marijuana distribution (punishable by up to five years incarceration and/or a maximum fine not exceeding $50,000).
  • marijuana sale (punishable by up to 15 years incarceration and/or a maximum fine not exceeding $15,000)
  • marijuana cultivation (punishable by up to 20 years imprisonment and/or a maximum fine not exceeding $100,000).

When dealing with any type of criminal offense, even one like Marijuana where you feel as though the consequences will be small, it is absolutely vital to get informative and accurate advice from a criminal defense lawyer. Contact Britt Criminal Defense for experienced Marijuana Criminal Charge Defense today.


Major Things to Note About Felony and Misdemeanor Offenses in Maryland

Criminal Case In Maryland

Felony Vs Misdemeanors

Felony and misdemeanor offenses are two different offenses that attract other punishments or charges. However, they both belong to the criminal offense category in Maryland. It is essential to understand what crime you commit, whether it is a felony or misdemeanor. Then based on that information, you can consult a lawyer to take up your case.

Misdemeanor Offenses in Maryland

Misdemeanor offenses are crimes that do not involve a dangerous or life-threatening intent. Hence, the punishment is usually accompanied by a jail term, probation, incarceration, and fines.

In Maryland, an individual will receive the main invitation to court within four and six weeks of being charged with the offense. The juridical hearing takes place at the district court. Sometimes the court will settle the case on fort visit, while other times, it will be adjourned, so parties involved can gather enough evidence.

Felony Offenses in Maryland

A felony is a more severe offense than a misdemeanor. It means the crime was with dangerous intent, usually to harm the other party. The juridical will allow you to understand the weight of your offense and give you the chance to consult an attorney. In this case, the matter will be judged at the circuit court and not the district court, as we have it as a misdemeanor. Also, not all felony cases call for a jury trial. Sometimes, you may have to go through a bench trial. In both cases, you need an attorney that should present your claim in your favor.

The punishment for a felony case is often the same as that of misdemeanor, but with longer sentences or higher fines.

The Penalty of Not Paying Your Criminal Fine

In both misdemeanors and felony cases, your attorney may plead with the court you pay a fine instead of spending some time in jail. The court would assume you violate probation when you choose not to pay the fine.

While the court is considering your case, you need an attorney, and also afterward. Consult an attorney that will keep advising you on clearing clear of such offenses. Also, an attorney would guide you through how to cope in society, especially when seeking a job.

Contact a lawyer today to help win your misdemeanor or felony case.