CALL DAY & EVENING
Salisbury MD Criminal Lawyer443-944-5705

What Does It Mean When My Criminal Defense Lawyer Says “Objection!?”

criminal-defense

Even if you’ve never been to court before, you’ve likely watched a television show or movie where a criminal defense lawyer stood up during trial and shouted “Objection, your honor!” While entertaining in the aforementioned context, it’s important to understand objections, how they work, and under what circumstances attorneys can and do raise objections. 

What do the terms “objection,” “overruled,” and “sustained” mean and how do they affect your criminal case? 

Here’s what you need to know.  

What Is an Objection? 

An objection in a criminal trial is a way of informing the judge that the opposing party’s testimony, inquiry, or evidence, should not be allowed in court. A lawyer can oppose the admission of any type of evidence, provided the objection is founded on the jurisdiction’s standards of evidence.

What Does It Mean If an Objection Is Sustained? 

When one lawyer objects to another lawyer’s line of questioning or evidence, the judge must decide if they agree with the objection or if they will allow the evidence to be admitted or the questioning to continue. Often, the judge will ask the attorney who objected on what grounds they are doing so, however, they may not if the reason for the objection is clear. 

If a judge says “sustained” or “objection sustained,” this means they agree with the attorney who objected. Any line of questioning or introduction of evidence must cease immediately. 

What Does It Mean If an Objection Is Overruled? 

If a judge says that an objection is “overruled,” it means they did not agree with the attorney that objected to the evidence or questioning brought forward by the other party. Usually, a judge will hear a lawyer’s reasoning for objecting before making the decision to overrule it. If an objection is overruled, the judge intends to allow the questioning to continue or evidence to be introduced.

How to Get the Legal Help You Need in Maryland After Being Arrested for a Crime 

There’s much more to navigating a criminal court case successfully than understanding the basics. If you’ve been arrested for a crime, you need experienced legal help as soon as possible. 

Contact Britt Criminal Defense today for a consultation to discuss your case and to think through potential defense strategies given the evidence at hand. 

Call now to book your appointment at 443-944-5705. Serving all of Maryland and the Eastern Shore. 


How Does Unsupervised Probation Work?

Attorney For Criminal Charges On The Eastern Shore, Maryland

Probation is a potential penalty for defendants who have been convicted and found guilty of the crime they were accused of. Unsupervised probation is one type that may be imposed. Here’s what it is, what to consider, and how to get legal support after you’ve been charged with a criminal offense. 

What Is Unsupervised Probation? 

There are two types of probation: supervised and unsupervised. The later form of probation is generally considered “lighter” because it does not entail random, regular engagement with a court-appointed officer.  Additionally, it doesn’t require an officer to inspect someone’s property or workplace, nor do individuals under unsupervised probation have a curfew. 

While this version of probation gives people more freedom after an arrest, it still comes with a set of rules that must be observed. The specifics of these regulations vary based on each individual’s situation; nonetheless, the purpose of unsupervised probation is to enable people to more easily return to routine activities following a criminal charge, like work or education.

Unsupervised Probation Conditions to Consider 

The following are examples of potential unsupervised probation restrictions:

  • Community service hours 
  • Drug and alcohol abuse counseling
  • Restitution and/or fines imposed by the court
  • Other punishments that may be imposed at the discretion of the judge

Even though these limits are less severe than those imposed on individuals who are only eligible for supervised probation, they may still be difficult to comply with. A criminal defense lawyer can help you negotiate the terms of your unsupervised probation with a judge to ideally obtain more favorable conditions. 

Unsupervised Probation Eligibility 

The court will ultimately decide who is eligible for what type of probation. Judges may issue probation to people who they feel are less likely to commit future offenses. People who have been convicted of violent or repeated offenses may not be eligible for probation. 

How a Maryland Criminal Defense Attorney Can Assist You 

A criminal defense lawyer can both defend you in court and help you seek a reduction in sentencing if your defense is unfortunately unsuccessful and you are found guilty by a jury. It’s in your best interests to protect your rights and future by consulting with an experienced attorney right away. 

Britt Criminal Defense is your trusted Eastern Shore defense team and can help protect your constitutional rights during a criminal trial and the future you face afterwards. Call now for your consultation at 443-944-5705.


What Is an Unreasonable Search By Law Enforcement?

police-search-warrant

The Fourth Amendment of the U.S. Constitution was added to limit the power of the government and law enforcement officials against the privacy of ordinary citizens. Law enforcement may not conduct a search or seize evidence against someone without adequate justification to do so according to constitutional law. 

How evidence is treated in an American court of law as a result of the Fourth Amendment is important to understand, especially if you were arrested. Here’s what to know and where to get the legal advocacy you need. 

When the Police Can’t Search You 

When government personnel or police officers perform a search without having enough reason to justify it, this is known as an illegal or unreasonable search and seizure.

For example, say a person got pulled over for speeding as they were driving home from work. Normally, this would only warrant a traffic ticket being issued. 

However, if the cops choose to search the automobile for drugs or other illegal items, any evidence they do find might be thrown out if the search was illegal. Officers will not be allowed to pursue a legitimate search without having a sufficient reason if a warrant cannot be acquired.

When They Can 

If law enforcement officers have one of the below, they can conduct a legal search of your property, person, and belongings: 

 

  • A warrant signed by a judge 
  • An emergency situation or unique circumstances 
  • Probable cause 
  • Permission from the defendant to search 

Constitutional law regarding search and seizure only applies to government authorities and law enforcement agencies. Private security guards or companies hired by private establishments do not have to abide by these same restrictions. If the police see evidence out in plain sight, they do not need any of the above to seize it and usually, this will be enough probable cause for a more thorough search. 

How to Get Legal Help After an Arrest  

Being arrested and searched without probable cause is a frightening experience. If this has happened to you, it’s important that you don’t delay getting legal help. The same is true if you were charged with any criminal offense after being arrested. 

You need an experienced Maryland attorney to help you advocate for your rights in a court of law and increase the likelihood that your case outcome will be favorable. Call Britt Criminal Defense today to schedule your free initial consultation by dialing 443-944-5705. 


What Are My Options After Being Charged as a Criminal Accomplice?

criminal-charges

It’s a common belief that if someone didn’t actually commit a serious crime, they can’t be held accountable for any aspect of it. However, you may be accused of conspiring to help someone else commit a crime, and it may be challenging to acquire the solid proof needed to show that you played no role in the commission of the offense. If you’ve been accused of helping someone commit or get away with a crime, you need legal help right away.

First, You’ll Need to Know What to Expect 

Directly committing a felony means you are the “principal” of the crime in legal terms. Anyone who assists you with a criminal offense in any way is referred to as the “accomplice.” Accomplices are often held to the same standard of criminal responsibility as the principal can be charged with the same or similar offenses. This becomes much more probable if anyone was killed or critically injured at the time the offense was committed.

You’ll Need to Understand What Types of Evidence Prosecutors Have Against You 

The attorney prosecuting your case has what is called the burden of proof; they must be able to clearly show how you were part of the criminal offense and to what degree your involvement impacted the success of the crime. They’ll need to illustrate: 

 

  • The law recognizes your actions as criminal 
  • You were the one who aided the principal in the crime; no one else could have done so 
  • You willingly aided the principal without being under duress or that you knew or should have known you were acting illegally 

 

You should take the opportunity to collect as much information as possible that clearly contradicts the evidence being used against you by prosecutors. If you weren’t there when the crime was committed, you might have evidence in the form of a receipt or the testimony of a witness who can provide an alibi.

 

Another possibility is to distinctly demonstrate that you had no awareness of the crime nor any reasonable cause to believe it was being committed.

 

Your Best Defense Is an Experienced Maryland Criminal Lawyer 

 

At Britt Criminal Defense, we understand how difficult it can be for someone accused of being a criminal accomplice to prove their innocence. Our knowledgeable defense attorneys can help you increase your chances of receiving a favorable verdict. Call now for your consultation or to learn more at 443-944-5705.


Will I Need to Admit Everything to My Defense Lawyer?

Eastern Shore Criminal Case

After being arrested, you may be worried that you’ll have to tell your defense attorney everything about what happened for them to be able to effectively represent you. However, this may not be the case. Here’s what you should know. 

Some Attorneys Don’t Want to Know the Whole Story 

While attorney-client privilege protects you from consequences should you tell your attorney the whole truth, this may not necessarily be the best course of action. Depending on your case, your lawyer may want you to keep some things under wraps, like specific details of alleged events, so they can avoid culpability themselves. 

Other Lawyers Would Rather Avoid Surprises 

Alternatively, some attorneys want all the information they can get their hands on so they aren’t surprised by any new information months into your defense or worse, in the courtroom. 

During your initial consultation with your legal representation, ask what approach they prefer. Do your best to stay within the guidelines set by your attorney, if any. If your lawyer wants as many details as you are willing to discuss, go ahead and let them know everything, even if you think it gives the prosecution a slam-dunk case against you. 

Understand What Your Attorney Can’t Do & What They Have the Responsibility to Do  

If your lawyer knows that you’re guilty of a crime due to your own admission, they cannot allow you to testify to a different version of events and cannot offer evidence that supports an untrue narrative. This is often why attorneys don’t want to know for sure whether or not “you did it.” If they genuinely have no knowledge of whether or not you’re actually guilty, these standards do not apply.

If you are guilty, you may still benefit from going to trial. If the prosecutors in your case refused to offer you a fair plea deal or otherwise negated your rights during their arrest and investigation, your attorney may be able to argue for the dismissal of your case based on these merits alone. 

Were You Arrested For a Crime? Get the Zealous Legal Defense You Need Today 

By retaining a criminal defense lawyer quickly after your arrest, you can increase your chances of receiving a successful verdict. Your reputation and rights are at stake and you can’t afford to wait. Contact Britt Criminal Defense today to get help from an experienced Maryland criminal defense attorney by calling 443-944-5705.


What Is Alternative Sentencing in Maryland?

If you are convicted of a crime in Maryland, you may not necessarily go straight to jail. Depending on the crime you were found guilty of and your criminal history, you may be offered an alternative sentence. 

An alternative sentence is a penalty designed to do less harm than jail time but provide you with an equal opportunity to become rehabilitated. Here’s what you should know about alternative sentencing in Maryland and how to get the legal help you need after being charged and convicted of a crime. 

Types of Alternative Sentences 

There are many different types of alternative sentences besides jail. Some of the most common include:

  • Conditional and unconditional suspended sentences. A judge can choose to suspend sentencing either with no stipulations, or they can suspend sentencing depending on whether or not the defendant fulfills conditions determined by the judge. 
  • Probation. Probation allows defendants to live and work in the community under certain conditions, such as regularly reporting to a probation officer, abstaining from drugs and alcohol, etc. 
  • Fines and restitution. Instead of jail time, you may be ordered to pay fines to the court and/or restitution to the victim. 
  • Deferred adjudication. Deferred adjudication is similar to a conditional suspended sentence and also has some overlapping themes from probation. If the defendant fails to meet the criteria set forth by the judge, adjudication may proceed. 
  • Community service. You may be ordered to complete a number of hours of community service in lieu of or in addition to other penalties imposed by the court. 

In some cases, a judge may create a new alternative sentence for you based on the circumstances of the crime you were convicted of and the evidence available in your case. Judges in Maryland have the authority to issue creative sentences that they believe will be more effective at rehabilitating the defendant and reducing recidivism. 

Get Help from a Skilled Salisbury, MD Criminal Defense Lawyer Today 

At any point after being arrested for a crime, you have the right to retain legal counsel — even before you answer a single question asked by police or other law enforcement agency officers. By retaining an attorney as quickly as possible, you can increase the chances that you will be issued an alternative sentence instead of jail or prison time. 

Contact Britt Criminal Defense today to get help from an experienced Maryland criminal defense attorney by calling 443-944-5705. 


Which Incarceration Alternatives Might I Be Eligible For?

new

Being charged with and convicted of a crime is frightening and many people assume they’re going to be incarcerated for at least a short period of time after all is said and done. However, this isn’t necessarily true in every case. 

Some defendants are eligible for alternatives to jail time depending on the circumstances of their case. Here are some potential alternatives and how to secure trustworthy legal advocacy today. 

Payment of Restitution or Fines  

If you were convicted of a misdemeanor or minor offense that primarily caused financial impact to the victim(s), you may be ordered to pay restitution instead of being sent to jail. Restitution is designed to compensate the victim(s) for the value of the property damaged or lost during the commission of the crime, and the court may impose punitive fines as well. 

Rehabilitation for Drugs, Alcohol, or Anger Management   

A judge may also order followup support for offenders who may be struggling with addiction or anger management problems. For example, a drunk driver may be ordered to attend driving safety and alcohol counseling classes, while a domestic violence offender may be required to go through extensive anger management counseling. 

Serving Your Community   

Community service is one of the most common alternatives to a jail sentence, especially for first-time offenders who don’t have a criminal record or were convicted of a misdemeanor. Most often, community service is ordered along with another penalty, such as the payment of fines and mandatory counseling or therapy. 

House Arrest 

House arrest is an alternative form of incarceration that involves the defendant being ordered to stay at home and wearing a special monitor that alerts law enforcement if the defendant leaves the approved area. This is generally preferable to jail time, however, not all defendants are eligible for this particular incarceration alternative. Typically, the crime must be non-violent and the defendant a first-time offender. 

How to Get Help Staying Out of Jail After Being Convicted of a Crime 

A seasoned criminal defense attorney is your best ally not only when it comes to reducing or eliminating the charges against you, but also petitioning for the least severe penalties if the former isn’t successful. Your lawyer can help negotiate incarceration alternatives that keep you out of jail, allowing you to continue living a relatively normal life. Contact Britt Criminal Defense for a consultation to discuss the details of your criminal case now at 443-944-5705.


Should I Take the Stand In My Criminal Case?

Most seasoned lawyers actively discourage their clients from taking the stand in their criminal cases, despite what you may see in movies and on television. It’s unnecessary for the defendant to give a statement and doing so may open up more opportunities for the prosecution to weaken your case or make you appear guilty in front of the jury. Here’s how to get the legal assistance you need fighting criminal charges. 

It May Be Dangerous to Be Cross Examined 

If you take the stand to testify in your criminal case, this means that you are also subject to what is known as cross examination. Being cross examined can hurt your case if the prosecution is able to ask you questions that get you upset or flustered, regardless if they have very little evidence to prove their claims. 

You Don’t Need to Make a Claim of Innocence 

You don’t need to make a claim of innocence when you go to court to defend yourself against criminal charges, contrary to popular belief. Under the law, you are presumed innocent of the crimes you are accused of until the prosecution brings forward enough evidence to convict you beyond a reasonable doubt. For this reason, it’s usually not necessary for a defendant to testify to prove their innocence.  

The Jury’s Perception of Who Has the Burden of Proof May Change 

That said, jurors may still think that the defendant should actively provide evidence that they’re not the perpetrator of the crime they’re being accused of. This is often the case when a defendant offers testimony in their own defense, and it can be detrimental to your chances of a successful verdict.  

Another Helpful Defense Strategy to Use Instead 

A more successful defense strategy against being accused of the crime is to weaken the prosecution’s case. By omitting evidence from court, jurors will have a more difficult time proving that you committed the offense beyond a shadow of a doubt. For example, evidence obtained during an illegal search is likely dismissable. 

Arrested for a Crime? A Maryland Criminal Defense Lawyer Is Your Best Defense 

Waiting to get legal help after being arrested and charged with a crime can cost you your future. You need experienced advocacy to ensure that your rights are protected at all times during the Maryland criminal process. Contact Britt Criminal Defense for your initial consultation to discuss your case details now at 443-944-5705.


Was I Falsely Arrested?

Salisbury MD Criminal Lawyer

False Arrest Defined

An arrest is an extremely frightening encounter. To discover after the fact that it may have been a wrongful or illegal arrest is even more distressing. Here’s how you can know if you might have been falsely arrested and how you can get legal assistance after being criminally charged. 

A false arrest is when a law enforcement officer takes you into police custody without a warrant by a judge for your arrest or without probable cause. Probable cause is defined as the reasonable belief that a crime has been committed, based on the evidence available, either observed or via a search. If you were arrested for a crime without probable cause, this may be a false arrest.

Taking the 4th Amendment Into Consideration 

The Fourth Amendment protects U.S. citizens from wrongful arrests. The Amendment states that people have the “right to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Wrongful Arrest Elements 

There are typically three elements needed to prove a false arrest:

1. The law enforcement officer restrained you using their authority or force.

2. The officer prevented you from leaving, either by telling you that you weren’t free to leave or locking you in a room, handcuffing you, etc.

3. The arrest was intentional, and the officer who took you into custody knew that there weren’t enough grounds to do so.

If the police officer requested for you to go with them, or you agreed to, you may have a harder time proving your wrongful arrest case.

Can a False Arrest Have an Impact on Criminal Charges? 

If you were wrongfully arrested, you might be able to seek the dismissal of the charges against you. Essentially, this means that you can’t be charged for the crime you’re accused of because the arresting police officer did not follow the legal protocol. That said, you must have evidence to show that the officer had no probable cause before arresting you.

Arrested for a Crime? Call a Maryland Criminal Lawyer Now 

If you have been arrested without a warrant or probable cause, it’s critical to contact a criminal defense attorney as soon as you can. Call Britt Criminal Defense now at 443-944-5705.


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.