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 Charges
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.
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 you 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.
Sex crimes in Maryland are inappropriate sexual contact with a person without consent. Some examples of sex offenses include abducting a child with the aim of prostitution, sexual assault, rape, incest, child pornography, and lewd and lascivious behavior.
Using force or the threat of force against another person to pressure them into sadomasochistic behavior or sexual activity is prohibited by law. Adults are not permitted to engage in sexual activity with minors in Maryland. A child in Maryland is a person under the age of 18. But a person must be at least 16 to consent to sexual conduct.
Classification of Sex Crimes in Maryland
Sex crimes in Maryland are categorized into second, third, and fourth-degree. The classification of a sex offense depends on the nature and type of the crime. The most serious sexual offenses are those of the second degree, while the least serious ones are those of the fourth.
What are second-degree Sex Crimes in Maryland?
Second-degree sex crimes in Maryland often consist of two things:
A sexual act involving the accused and the victim must have taken place.
At least one of the conditions below must be met when the conduct was committed.
The victim was under 14 years old, while the attacker was at least four years older.
The victim was either mentally ill, physically helpless, or both when the incident happened. And that the offender at the time should have known or could have inferred.
The victim was coerced into the sexual act using actual or threatened force.
Penalties for Second-Degree Sexual offenses in Maryland
Second-degree sex crimes in Maryland are felonies. A second-degree sexual offense conviction carries a maximum sentence of 20 years in prison. A mandatory 15-year jail sentence might be imposed If the perpetrator was 18 years of age or older and committed a sex offense with a person who was younger than 13 years at the time the act happened. In such a case, the judge has the option of handing down a sentence of 15 years to life in prison for the offender.
Finally, people are frequently charged with second-degree sex offenses whether they commit the crime or not. A former romantic partner or spouse may be the target of some people’s desire for vengeance. You have the right to deny any allegations and defend yourself If a lawsuit is filed against you.
One of the most important skills for any skilled criminal defense lawyer is recognizing, gathering, and examining diverse evidence. Every criminal case requires evidence to help the criminal defense process. Credible evidence may quickly assist in convicting a criminal. These five forms of evidence are acceptable in court for criminal defense.
Real Evidence
Real evidence was any object used or present at the crime scene when the crime was committed. The document or object will be offered as actual evidence in court. Among these materials are a rifle, stained clothing, money with anti-theft markings, a knife, a bent car, and other items.
Physical evidence is significant; therefore, a lawyer must carefully examine it to ensure it is real, pertinent, and important to the case. The foundation is laid during this process. Your attorney must use witnesses to show the jury the chain of possession for the object.
Documentary Evidence for Criminal Defense Process
Documentary evidence is frequently used as the primary form of real proof in criminal prosecutions. In general, this refers to any evidence that adds to the commonly provided documentation of the events leading up to the crime during trials. For instance, the broken contract would be appropriate documented evidence if your criminal defense lawyer asserted a claim of breach of contract.
Primary and secondary sources are both acceptable forms of documentary evidence. Primary evidence is when an original document is presented to the court for review. However, an authenticated copy of the original document is considered secondary evidence.
Demonstrative Evidence
Demonstrative evidence is used to support testimony to establish the truth or falsity of a claim. Animations, diagrams, maps, and other visual aids are frequently used as demonstrative evidence.
Testimonial Evidence For Criminal Defense Process
Testimonial evidence, frequently considered the simplest way to provide evidence, takes testimony from witnesses willing to describe what they saw before, during, or after the crime. Your criminal defense lawyer will attest that this proof is legitimate even without backing.
Digital Evidence
Digital evidence is information acquired from any digital file or electronic source. Examples of digital evidence are text messages, emails, phone calls, papers, and information extracted from hard drives.
Lastly, contact a criminal defense attorney for the evidence needed for your criminal case.
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.
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.
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.
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.
5 Reasons You Need a Criminal Defense Lawyer When Charged with Criminal Offense
A criminal defense lawyer knows the correct protocol to follow when charged with a criminal offense. Contrary to popular opinion, you will spend less when you hire a defense lawyer than losing the case. Here, we shall discuss several other five reasons you need a criminal defense lawyer.
1. A Defense Lawyer Understands the Judiciary System
One of the first things to consider is the in-depth understanding a lawyer has. Going to court on your own may be overwhelming because the legal system is a complicated one. Meanwhile, it takes years of practice for legal practitioners to master the rules of the game.
2. Follow All Court Protocols
There are specific protocols to follow while presenting your case in court. Any major mistake from you could lead to an extension of the jail term or worsen the situation. With the correct paperwork, your defense attorney can even prevent your case from reaching court.
Not only do we have intelligent lawyers, but we are also skilled with over thirty years of experience in the industry.
3. Examine the Evidence Leading Your Cases
Often, opponents try every means to use incriminating evidence against an individual. A legal expert can identify illegal evidence that was forged to mess your case. More so, it is crucial to choose a lawyer from an existing law firm. This way, you can get support from other team members.
4. Access to Legal Advice
A defense lawyer will use his years of experience to present your case in your best interest. It involves smartness to be able to prove yourself innocent without turning back against you. An expert lawyer will ensure to keep reviewing your case to identify any form of weakness. More so, your lawyer will advise you on the right tone and words to use in court.
5. A Defense Lawyer Saves You from Future Harm
A criminal offense does damage not only the present but also the future. Many people’s lives have taken a negative turn by spending their lives in jail. Hence, a defense lawyer must ensure your criminal records are not in existence. This also eliminates any history that may serve as a hindrance to future achievements. For example, when applying for a job at an organization or company.
Wrapping Up
When found guilty as charged, the other party may offer an alternative deal. A defense lawyer will weigh the situation to determine if it will play in your favor. Meanwhile, not every agreement should be accepted by an individual in court, especially one that sounds too good to be true.
We have trained professionals that will prove you innocent in whatever criminal case you have been involved in.
Not all criminal offenses are treated the same and if you’ve been charged with any kind of crime, it’s important to understand the differences between them and potential defenses for each. Below is a breakdown of the five different types of criminal offenses and what you can expect when you reach out to an attorney for help.
Organized or White Collar Crime
Organized crime, or white collar crime, is nonviolent offenses such as extortion, money laundering, smuggling of contraband, human or drug trafficking, illegal gambling, and the manufacture or distribution of counterfeit products. In many cases, white collar crimes are organized across multiple countries and involve many different people. That said, some white collar criminal offenses are committed by individuals.
Violent Criminal Offenses
Crimes against other people, or in some cases animals, are generally considered to be violent crimes. Examples of violent crimes include but aren’t limited to homicide, manslaughter, sexual assault against an adult or child, assault and battery, robbery, child endangerment, kidnapping, and gang crimes. These offenses generally carry the harshest punishments in response to the seriousness of the alleged crime.
Tech Crimes
Tech or computer crimes may be considered white collar or organized depending on the type of crime and how it was committed. Common tech crimes include wire fraud, identity theft, debit or credit card fraud, and other types of cybercrime.
Crimes That Violate Public Order
Criminal offenses that violate public order are crimes that are considered to contradict or interfere with societal order. Common public order offenses faced by defendants in Maryland may include adult pornography (child pornography is considered violent), prostitution, solicitation, drug offenses, and drunk and disorderly conduct.
Crimes Against Property
Property crimes are usually categorized as nonviolent when people aren’t involved. For example, arson is a property crime unless one or more people were in the building that burned. Other property crimes may include trespassing, vandalism or other destruction of property, possessing stolen items, auto theft, shoplifting, and similar “victimless” offenses.
How an Eastern Shore Criminal Defense Attorney Can Help You
No matter what type of criminal charges you’re facing, it’s critical that you start working with a criminal defense lawyer as soon as you learn that you’re a suspect in an investigation. Call Britt Criminal Defense now to schedule your consultation appointment by dialing 443-944-5705. We’re available now to provide you with comprehensive legal assistance.
443-944-5705
