Burden Of Proof

In Order To Convict, The Burden Must Be Met

In all states in the U.S., a certain burden of proof must be met to convict someone of a crime of which they are accused of committing. In cases where someone stands trial for a crime, the burden of proof must be high, as the consequences of a conviction are harsh. Here’s what you need to know about the different types of burdens of proof and how they may apply to your case.

Guilty by a Preponderance of the Evidence

Assuming guilt by a preponderance of the evidence is considered the lowest burden of proof that must be met. Essentially, this means that after weighing the evidence, the crime having been committed and the defendant has been the perpetrator is considered more likely than unlikely.

Guilty by Clear and Convincing Evidence

To determine guilt by clear and convincing evidence, the prosecution must bring forward evidence in such a way that a judge and/or jury have a strong belief or conviction that the crime occurred as presented by the person accused. While this is a higher burden of proof than determining guilt by a preponderance of the evidence, it is not the highest-burden used for criminal proceedings.

Guilty Beyond a Reasonable Doubt

The highest standard of proof in a criminal proceeding is evidence beyond a reasonable doubt. This means that the defendant is “innocent until proven guilty” and the judge and/or jury begin the case with the assumption that the defendant is innocent of the charges against them.

However, as the trial proceeds, the evidence presented by the prosecution must convince the judge and/or jury that the defendant is indeed guilty and that no doubt of innocence continues to exist after fully examining all available evidence.

I’ve Been Arrested for a Crime — Do I Need a Maryland Criminal Defense Lawyer?

If you were charged with a crime, your future and reputation are on the line. The prosecution will need to meet the burden of proof to pursue a conviction, and you’ll need experienced legal help to defend yourself. The prosecution must be able to prove that you committed the crime you are charged with without reasonable doubt; if not, the charges must be dismissed.

Contact Britt Criminal Defense today to learn more about the burden of proof a prosecutor must meet to convict you or to schedule a consultation to discuss your case. Call now at 443-944-5705.

What Are the Most Common White Collar Crimes in Maryland?

Understand the most common white collar criminal charges assessed in Maryland and learn what you can do to decrease your chances of a guilty verdict after an arrest.

Embezzlement

Embezzlement is an illegal financial activity that involves a person who manages corporate funds using their position within a company to misappropriate those funds. For example, an accountant may find a way to set up small transactions to their own bank account and hide the paper trail by falsifying documents. Or, a politician may use campaign funds to cover personal expenses.

Ponzi Schemes

A Ponzi scheme, named after famous conman Charles Ponzi in the 1920s, is a type of fraud that attracts new investors and uses those funds to pay previous investors. This scheme relies on the belief that investors are receiving a portion of profits from sales or service when in reality, other investors putting money into the company are the source of the funds.

Corporate Theft

Corporate fraud is a blanket term that encompasses multiple white-collar crimes like falsifying financial documents or insider trading. Most corporate theft cases revolve around accounting schemes intended to deceive company investors about the financial status of a company. Someone in the company will edit company performance data, which results in the attraction of new investors who believe the company has greater value.

Bankruptcy Fraud

Bankruptcy fraud usually occurs when a business files for bankruptcy but attempts to hide property or other assets to avoid liquidation. Since the bankruptcy court can only liquidate non-essential or non-exempt assets, they must “forgive” or discharge the remaining debt. When a company fraudulently misrepresents assets, debt that could be paid is discharged, ultimately amounting to theft.

Extortion

Extortion is the gaining of money or property by nearly any kind of force or threat of harm, damage to property, slander, or negative government action. Extortion is a felony in all 50 U.S. states and can result in serious penalties. Extortion also includes blackmail, which is the threat of exposing damaging or embarrassing information about a person to individuals who have the power to use the information to harm that person.

Arrested for White Collar Crime? Contact a Maryland Defense Attorney Today

If you were charged with any of the above or another white collar crime in Maryland, you face serious penalties, including fines and incarceration. A criminal defense lawyer can help you strategize effective legal defenses, such as lack of intent or entrapment. Call Britt Criminal Defense today for a consultation at 443-944-5705.

What Do Maryland Drug Recognition Experts Look For?

A Drug Recognition Expert, or DRE, is a police officer trained to determine if a person is driving under the influence of drugs, which isn’t as easy to assess as blood alcohol content (BAC). Here’s what DREs look for and when to get legal help.

The 12 Steps of DRE Protocol

Although the DRE protocol has 12 steps, many of them are subjective and aren’t based on fact:

1. Breath Test

A breathalyzer test will be administered to determine your BAC, arguably the most accurate of all the steps in the protocol.

2. Officer Interview

The DRE expert will interview the law enforcement officer that pulled you over to discuss the circumstances of the stop and the officer’s first impressions.

3. Initial Exam and Pulse Reading

An initial exam will be conducted to determine if the reason for the stop was caused by an injury or medical condition. Your pulse will be taken for the first time.

4. Eye Exam

The officer will check your eyes for convergence, ability to follow a light or object, the size of your pupils, reaction to light, and if nystagmus is present.

5. Field Sobriety Testing

You will be asked to submit to field sobriety tests, including horizontal gaze nystagmus, walk and turn, and one-leg stand.

6. Second Reading of Vital Signs

Next, the officer will check your blood pressure, pulse, and temperature for the second time.

7. Dark Room Exam

The Drug Recognition Expert will administer tests in a low light environment to check for pupil constriction or dilation and the presence of drugs in the oral or nasal cavities.

8. Muscle Tone Testing

Your muscles will be checked for tone, since some drugs cause the constriction or overrelaxation of muscles.

9. Third Reading of Vital Signs and Physical Exam

A physical exam will be conducted to look for evidence of drug use, such as injection sites on the arms or in between the fingers. Your pulse will be taken again for the last time.

10. Officer Observations

The officer will ask direct questions regarding drug and alcohol use and makes note of any other pertinent observations.

11. Drug Symptom Analysis

Next, the evidence obtained during the last several steps will be compared against known side effects of different types of drugs.

12. Toxicology Exam

You may also be asked to submit to a blood, urine, or hair follicle test to check for the presence of illegal substances or their metabolites.

Arrested for DUI? Contact a Maryland Criminal Defense Lawyer Today

Were you arrested for driving under the influence? Don’t wait to get legal help from an experienced Maryland DUI attorney. Call Britt Criminal Defense at 443-944-5705 for a consultation.

What Are the Most Effective Defenses for Serious Crimes?

If you’re convicted of a felony like a drug trafficking or even murder, life will never be the same. Prison time, fines, mandatory counseling, and other penalties become the new normal. It’s critical that you mount the most effective defense possible. Here are some potential defense strategies that your attorney may choose depending on the circumstances of your case:

Mistaken Identity

If you were charged with a crime because you were identified on video or by a witness, you may be able to argue mistaken identity. Perhaps the video wasn’t clear or the witness was so far away that they couldn’t possibly have had a good look at you. Or, perhaps you have identifying features (such as tattoos) that the perpetrator didn’t have or vice versa.

False Accusations

Often, charges are levied against someone in an attempt to gain control over them. For example, one partner can benefit in a divorce case if they accuse the other of domestic violence. Or, someone who committed a crime can frame someone else to protect themselves from getting caught.

If you were falsely accused, you may be able to show that someone else had motive to report you as the perpetrator and they stand something to gain from it.

Consent

Many things that are considered crimes aren’t crimes when consent exists. For example, an individual may have given consent for a friend to come by their home later and pick up some tools from their garage. Then, they call the police to say that the friend came and burglarized their home. The alleged perpetrator can argue that no crime existed because consent was given.

Lack of Evidence

If there’s not much evidence against you or the evidence is mostly circumstantial in nature, your attorney may move to have the charges against you dismissed. For you to be convicted of a serious crime, there must be enough evidence against you to prove that you committed the crime without a shadow of a doubt. If not enough evidence exists, it will be difficult for the prosecution to prove their case.

When to Call a Criminal Defense Lawyer

Were you arrested for a serious crime like murder, manslaughter, rape, grand theft, or another felony? Your reputation, career, and relationships are on the line. Protect your rights under the law by reaching out to an experienced Maryland criminal defense lawyer. Call Britt Criminal Defense today for a consultation or to learn more at (443) 614-6881.

How Can You Defend Against Identity Theft Charges?

Identity theft is a serious crime that could put your future, relationships, and career in jeopardy if you’re convicted. If you were charged with identity theft in Maryland, it’s crucial that you understand what constitutes identity theft, how it’s penalized, and how you can defend against it.

What Is Identity Theft?

Identity theft is defined broadly as the willful use of identifying information with the intent of engaging in fraudulent activity. To be charged with and convicted of identity theft, you do not have to come across the identifying information through illegal means, nor must you actually engage in fraud. If, for example, you see someone’s identifying information on a paper lying on a desk while visiting their home and you then use it to apply for a credit card, you can be charged with identity theft even if you never put any charges on the card.

Penalties for Identity Theft in Maryland

In Maryland, identity theft can be either a misdemeanor or a felony. In cases where financial damage is less than $500, defendants can face up to 18 months in prison and up to a $5,000 fine. If the financial damage is over $500, identity theft is punishable by up to a $25,000 fine and up to five years in a state prison. Often, restitution is also required to restore the identity theft victim to their former financial status.

Potential Defenses Against Identity Theft

There are several potential defenses to accusations of identity theft, including but not limited to:

A case of mistaken identity. The police have arrested the wrong person and you were not the person who committed identity theft against the victim in question.
Lack of evidence. There’s not enough physical evidence to prove that either the crime was committed or that you were the one who committed the crime.
Lack of intent. You did not intend to use the information to engage in illegal activity. For example, if the victim gave you permission to use their information.
The information taken wasn’t identifying. The personal information in question was not of an identifying nature, e.g. a full name, social security number, or birthday.

When Should You Call An Attorney?

Many people who are arrested for identity theft know ahead of time that they are under investigation. While the police are conducting their investigation, it’s crucial to ensure that your rights are protected. Don’t wait until you’re arrested to contact a Maryland criminal defense lawyer if at all possible. Call Britt Criminal Defense today for a consultation at (443) 614-6881.

Can the Smell of Weed Justify a Vehicle Search?

The Smell Of Marijuana During A Traffic Stop

The Maryland Court of Appeals — the state’s highest-ranking court recently ruled that law enforcement cannot use the smell of marijuana alone as justification for conducting a personal search during a vehicle stop.

State of Maryland vs. Michael Pacheco

The ruling stems from a 2016 case in which two Montgomery County cops asked a man named Michael Pacheco to step out of his vehicle after detecting the smell of “fresh burnt” marijuana and seeing a joint on the center console. They proceeded to search Mr. Pacheco and ended up finding cocaine in his pocket. As a result, the police charged him with possession of cocaine with intent to distribute it. They also issued a citation for possession of less than 10 grams of cannabis.

The Court of Appeals ultimately determined that while the car search was permissable, the personal search was not. This is based on the “heightened expectation of privacy one enjoys in his or her person as compared to the diminished expectation of privacy one has in an automobile.”

Marijuana Laws in Maryland — “The Times They Are a-Changin”

In 2014, Maryland decriminalized the possession of 10 grams or less of marijuana. The Court of Appeals cited this law when making its decision in the Michael Pacheco case. The Court stated that the discovery of cocaine found in Mr. Pacheco’s pockets was the result of an illegal search because the officers had no probable cause to believe he was in possession of more than 10 grams of weed.

Understanding Search and Seizures

A police officer has the right to search a vehicle if they have probable cause to believe it contains contraband or evidence of a crime. A search can lead to an arrest if officers have probable cause to think a person committed a crime in their presence. When an officer conducts a search without probable cause, it is a violation of a person’s Fourth Amendment rights and any evidence obtained will be thrown out.

Get Help From a Criminal Defense Lawyer Today

If you or a loved one are facing drug charges in Maryland, it’s important to speak with an experienced criminal defense attorney as soon as possible. At Britt Criminal Defense, we offer a free initial consultation. Call us today at (443) 614-6881.

What Can I Do To Fight Methamphetamine Charges in Maryland?

Methamphetamine Possession Charges Are Serious

These charges can affect every aspect of your life now and in the future, including your job, your relationships, and where you live. If you’ve been charged with possession of meth in Maryland, it’s important that you know what you’re dealing with and how to get the help you need.

and they can affect every aspect of your life now and in the future, including your job, your relationships, and where you live. If you’ve been charged with possession of meth in Maryland, it’s important that you know what you’re dealing with and how to get the help you need.

Federal Meth Laws

Methamphetamine isn’t legal anywhere in the United States. If you are found to be in possession of meth, you stand to incur what is known as a mandatory minimum sentence, meaning that you must incur at least the minimum penalty. If you are charged with possessing five or more grams of methamphetamine, you stand to face at least five years in a state prison, with a maximum of 40 years. If you’re charged with the possession of more than fifty grams, your minimum sentence is at least 10 years, with a maximum of life.

Maryland Meth Laws

In Maryland, you’re also subject to state laws regarding the possession of methamphetamine. Possession of meth is considered a misdemeanor and carries a maximum of four years and up to a $25,000 fine. If you are caught bringing meth into the state, the penalties are much more serious. Trafficking up to 25 grams is a felony that can earn you 25 years in prison and up to a $50,000 fine.

How to Defend Against Methamphetamine Possession

You can defend yourself against charges of meth possession a few different ways. Which is likely to be the most effective largely depends on the facts of your case. You may be able to content that:

The drug you were arrested for was not methamphetamine
You had a legal prescription for the methamphetamine
The meth belonged to someone else and/or you were not aware of its presence
You were not aware that the substance in your possession was meth

If you were arrested for possession with the intent to sell, you face even greater penalties. However, you may be able to contend that the meth you possessed was simply for personal use and not for distribution.

When to Contact a Maryland Drug Possession Lawyer

Were you charged with possession of methamphetamine in Maryland? Don’t hesitate to get legal help right away. Call Britt Criminal Defense today to learn more or to schedule a consultation to discuss the details of your case. (443) 614-6881.

Do Juveniles Have The Right To An Attorney In Maryland?

Was Your Child Arrested For A Crime?

Juveniles in the United States criminal justice system aren’t afforded the same legal rights as adults. Here’s how they differ and how to get help if your child was arrested for a crime.

Phone Calls

Juveniles do have the right to make one phone call, although if they are likely to be released from custody quickly, the arresting officer may not offer it. Typically, juveniles are allowed to contact their parent or guardian.

Legal Counsel

A juvenile may also contact legal counsel. They do have the right to an attorney and upon asking for one, juveniles invoke their Miranda rights.

Search and Seizure

Law enforcement may not subject juveniles to unreasonable search and seizure. Probable cause is needed to search a minor’s person or belongings. However, if a public official is in a position of partial guardianship over the child, such as a school principal, the only thing necessary to search a juvenile’s belongings or even detain them temporarily is reasonable suspicion.

Notice of Charges

The court must provide juveniles with a notice of the charges they face. Juveniles also have the right to have the accusations against them proven beyond a reasonable doubt when facing the penalties of adjudication or incarceration. Any other penalties only require courts to prove charges by a preponderance of the evidence.

How Can Domestic Violence Be Proven?

Proving The Charges

Domestic violence charges can be life-altering and leave you with a permanent criminal record for the rest of your life. If you’ve been arrested, prosecutors will do their best to prove that you committed the act and penalize you to the fullest extent of the law. Here’s what they may use against you and how you can defend yourself.

Witness Testimony, If Any Witnesses Were Present

It’s not often that witnesses are involved in domestic violence cases, because they typically occur in private and only between two people. In cases where witnesses do bring forward a testimony, the defendant’s case can become weakened. A Criminal Defense Attorney can help question the motives of a witness who may be falsely accusing the defendant or prove that the witness was never present at the time of the alleged incident.

Photographic Evidence Taken After the Incident

If photographs of injuries exist and are provided to authorities, this can be very strong evidence against you. However, it’s important to ask a few questions about the photos:

Can it be proven that they were taken on the date of the alleged incident?
Can the photographs prove that the defendant is indeed the perpetrator, or do they simply show that an incident of violence occurred?

Often, photographs prove that violence occurred but not who caused the injuries, and they may not even be able to show that they were taken at the time in question.

Any Past Criminal History

Past criminal history is something that prosecutors often use in domestic violence cases to paint a very unpleasant picture of the defendant’s character. This can cloud the facts, so it’s critical to bring important details to light when possible. For example, if it was proven that the allegations against you were untrue or the charges against you were dropped, the judge and jury should be made aware of these particulars.

How a Criminal Defense Attorney Can Help

If you were charged with domestic violence, it’s important that you work with an experienced criminal defense attorney to protect your rights under the law. Your future is at stake, including your career, your relationships, and your reputation.

Britt Criminal Defense is an experienced criminal defense law firm that has helped hundreds of Maryland residents overcome criminal charges and the harsh consequences that come with them. Call today for a consultation to go over the details of your case and potential defenses at 443-614-6881.

What Rights Does a Juvenile Have After Getting Arrested?

What You Need To Know About Juvenile Arrest

If your minor child has been arrested for a crime, your life can quickly be turned upside down. It’s important to understand your child’s rights so you can advocate for your child with the help of a criminal defense lawyer and get your child the support they need during this difficult time. Here’s what you should know about juvenile rights after an arrest.

The Right to Remain Silent

When a juvenile is arrested, they have the right to remain silent and plead the 5th Amendment to avoid self-incrimination.

The Right to Confidentiality

Unlike adult charges, juvenile criminal cases are not public information. The name of a juvenile charged with a crime cannot be released to media or other parties unrelated to the case.

The Right to a Phone Call

Juveniles have the right to make a phone call after being arrested. The phone call can be to a parent or guardian, who calls an attorney for the juvenile, or directly to an attorney.

The Right to an Attorney

A juvenile in police custody has the right to request legal counsel and if they cannot provide legal counsel, it will be provided to them by the state. If police deny a juvenile’s request to speak with an attorney or even to their parent or guardian, anything during the interview may be considered inadmissible in court.

The Right to Be Notified of Charges

Juveniles have the right to be notified of the charges against them.

The Right to Beyond a Reasonable Doubt

Like adults, juveniles have the right to have the case against them proven beyond a reasonable doubt.

What Rights Don’t Juveniles Have?

There are some rights that juveniles do not have after an arrest. For example, a juvenile does not have the right to seek bail, nor do they have the right to trial by jury. Juveniles may not need bail if they are released to a parent or guardian before the arraignment, and trials by jury may undermine a juvenile’s right to confidentiality. .

Contact a Maryland Juvenile Criminal Defense Attorney Today

Often, harsh punishment isn’t appropriate for juveniles who commit crimes. In cases where a lack of evidence to prove innocence exists, charges may be reduced or even dropped and penalties exchanged for counseling, community service, and other forms of rehabilitation.

To protect the rights of your child after they are arrested for a crime, don’t wait to contact a lawyer. Britt Criminal Defense is an experienced Maryland law firm ready to serve you. Call now at (443) 614-6881.