Does a Judge Always Have Discretion Over a Sentence?

Penalties Based On Crime

In a criminal case, penalties are typically decided by the severity of the crime. Generally, a criminal offense that does lesser harm to human life carries a lighter sentence than criminal offenses that do more harm.

For example, if you drink and drive with a child in your vehicle, you will likely receive a harsher punishment than if you hadn’t. In some cases, a judge cannot impose less than a mandatory minimum sentence. Here’s what you should understand.

Judges Can’t Decide to Lower Mandatory Minimum Sentences

There are two main parts of the American justice system. The first part involves determining whether a defendant is guilty or innocent. Then, their punishment must be determined during the second part. A judge can impose a variety of penalties such as incarceration, fines, and mandatory counseling in an attempt to reduce the defendant’s risk of recidivism.

Reducing Sentence

They can also decide to lessen a sentence if they believe counseling would be more effective than jail time, with the exception of crimes that require the issuance of a mandatory minimum sentence. In these cases, the judge may add time to the defendant’s sentencing but may not reduce it regardless of whether or not the judge believes the sentencing is too harsh.

What Criminal Offenses in Maryland Have Mandatory Minimums?

Like many other states, Maryland law requires minimum sentences to be issued in severe criminal cases. For example, defendants facing the following charges are highly likely to also be facing a mandatory minimum sentence:

Homicide
Rape
Child sex crimes
Child abuse
Felony assault
Second-time drug offenses
Certain firearms crimes
Violent crimes

Is It Possible to Circumvent Sentencing?

A plea deal can help you circumvent a mandatory minimum sentence. In exchange for a lesser charge without a mandatory minimum sentence, you promise the prosecutor you’ll plead guilty at the start of your trial. This may seem counterintuitive, however, an experienced criminal defense lawyer can help you negotiate lighter penalties during the sentencing phase of your trial. Ideally, this strategy results in the least severe punishment possible in your case.

Call the Experienced Attorneys at Britt Criminal Defense Now

Your future is on the line if you’re facing criminal charges that call for a mandatory minimum sentence. It’s crucial that you start working with an experienced Maryland criminal defense lawyer as soon as possible. Contact Britt Criminal Defense for your case consultation today by calling 443-944-5705. We are standing by to assist you.

What Are Aggravating Factors in a Criminal Case?

Not All Crimes Are Penalized Equally

There are many factors that play a role in how a crime is charged and punished if the defendant is found to be guilty. Here’s what you should know about aggravating factors that could result in a harsher penalty and what you can do to protect yourself legally.

Committing a Crime with a Deadly Weapon

If you are charged with committing any crime using a deadly weapon, such as a knife or firearm, your sentencing may be harsher if you are found guilty. For example, assault with a deadly weapon is almost always more serious than a traditional assault charge. If you commit a burglary with a gun, you could face stiffer penalties than if you had done so without the gun, whether or not the gun was used during the crime or not.

Repeat Offenses

Repeat offenders usually are sentenced more harshly the second, third, or fourth time around in an attempt to deter them from recidivism. This also applies to any criminal history, even if the crime you were convicted of in the past is different from the one you are being charged with now.

Hate-Motivated Crimes

Hate crimes are taken more seriously now than ever before and those accused of committing a hate-motivated crime may be facing prison time and thousands of dollars in fines. Any crime that a person is found guilty of that targeted a protected group, such as those of a particular race or sexual orientation, can automatically face aggravated sentencing as a result.

Victim Vulnerability

Crimes committed against traditionally vulnerable people are usually also treated more seriously and can result in harsher penalties if you’re convicted. For example, children, the disabled, and the elderly are generally considered to be more vulnerable than the average person, and crimes committed against them therefore considered more egregious.

Mandatory Minimum Sentences

Some crimes — usually violent crimes or those that cause serious damages — have what is called a mandatory minimum sentence. This means that regardless of the circumstances surrounding the crime, the judge must impose at least the minimum sentence, which must be served by the defendant before being considered for parole.

When to Get Legal Help After an Arrest

Don’t wait after being arrested for a serious crime to get legal help. Protect your rights by acting immediately and securing experienced criminal defense representation with Britt Criminal Defense. Call today at 443-944-5705.

What Should I Expect At My Arraignment?

If you were arrested for a crime, you will be arraigned. Your arraignment, which is a type of hearing, should occur as soon as is reasonable under your Constitutional rights to a speedy trial and be informed of the charges against you.

Here’s what to expect at your arraignment and how to get the legal help you need after being charged with a criminal offense.

The Court Advises You of the Charges

First, you will be told what the charges against you are. In many cases, the defendant will be surprised to hear additional charges beyond what they were arrested for. This may be the case if police searched your property after your arrest and found evidence they could use against you.

You Will Enter Your Plea

After being informed of the charges, you’ll be asked how you plead: guilty, not guilty, or no contest. How you plead at the arraignment hearing can have a significant impact on the outcome of your case, including the length of your sentence if convicted.

Your Bail Amount Will Be Set

At this time, the amount of your bail, if any, will be set. Depending on the crime you are accused of, you may or may not be eligible for bail. Whether or not you are allowed bail is up to the judge in charge of your case. There are a number of factors that go into what your bail amount will be set at, including the charges against you, your flight risk, and whether or not you have a lawyer present at the arraignment.

Your Next Hearing Date(s) Will Be Set

At the end of the hearing, the dates of your next court appearances will be set. You must attend this hearing at the specified date and time, regardless of if you are out on bail or remained in the custody of police.

Should You Contact a Criminal Defense Attorney?

A criminal defense attorney plays an important role at the arraignment. Your lawyer can help you decide which plea is in your best interests based on available evidence and can help you negotiate a lower bail amount. Don’t make the mistake of waiting until after your arraignment to contact a lawyer.

Britt Criminal Defense has extensive experience representing a variety of criminal cases and can provide the aggressive legal advocacy you need. Contact us today for a consultation to discuss the details of your case by calling 443-944-5705.

1. Can I Be Arrested Without a Warrant?

To legally arrest you, one or more of these things must be true:

The police witnessed you committing a crime or have reasonable evidence that you did commit a crime
The police have a warrant for your arrest

If law enforcement officers do not have probable cause to detain you nor a warrant for your arrest, any attempt to place you in police custody may be unlawful.

2. Does an Officer Have to Inform Me Why I’m Being Arrested?

No matter what crime you are being accused of, every U.S. citizen has the right to be informed that they are being detained and the grounds on which they are being arrested. A police officer may wait to do this only until it is practicable. If you were not informed of the reason for your arrest until much later, your arrest may have been unlawful.

3. Can a Police Officer Search Me or My Home Without a Warrant?

An officer must have either a warrant to search your person or property or probable cause. In this case, probable cause refers to the reasonable conclusion that a crime was likely committed on or in the property. If the police do not have a warrant and request to search you, ask if they have probable cause. If they don’t, inform them that you do not consent to a search.

4. What Do I Do If a Police Officer Lied About Me On Their Report?

Unfortunately, officers lie on police reports often to paint a picture of what happened that is more favorable for the officer. This can sometimes be difficult to prove, but you may be able to do so if you have video, audio, written, or pictorial proof that what the officer put on the police report was inaccurate.

5. Do I Need a Lawyer If I’m Arrested?

Fighting criminal charges on your own in Maryland is next to impossible. It’s much more difficult to argue your innocence and present compelling evidence to dispel the charges you’re being accused of without the help of a criminal defense attorney.

Contact Britt Criminal Defense Today

Don’t wait after being arrested for a crime to reach out to an experienced Maryland criminal defense lawyer. Contact Britt Criminal Defense today to learn more about how to protect your legal rights after an arrest and defend yourself against criminal charges. Call now at 443-944-5705.

What Are the Laws Surrounding Home Searches by Police?

Law enforcement officers may ask to perform a home search if they suspect there is evidence within the home that is related to a crime, or if they suspect that a crime has been or is being committed in the home. What rights do you have to refuse a search of your home? Here’s what you should know.

Who Has the Right to Consent to a Home Search

Very few people have the legal right to consent for a home search to be performed, such as:

The Homeowner or Property Renter

If you own or rent the home the police are intending to search, you may legally consent to it. That said, this isn’t necessarily a wise choice since any evidence obtained can be used against you.

A Resident of the Home

If there are adult residents who also live in the home, such as your partner or spouse, they may also provide legal consent to police officers who wish to search your domicile if you are not available.

Older Children

Police officers who wish to enter a home may ask an older child for consent to do so if they believe the child is of age and cognitive ability to understand the matter at hand and agree to let them in.

Roommates

Roommates are also able to provide consent for law enforcement to perform a legal search of a domicile, however, they may not consent for all spaces within that domicile. For example, a roommate of yours may allow shared spaces like the kitchen and living room to be searched, as well as their own bedroom, but they cannot provide legal consent for police to search your private space or the private space of other roommates.

Who May Not Consent to a Home Search

Anyone not listed above may not give legal consent to the search of a domicile. They may consent and the police may search, however, that doesn’t mean that it’s legal or that any evidence found can be used against you. Among those who cannot consent to a search of your home include:

Young children.
Landlords.
Maintenance or housekeeping.

Arrested After a Home Search? Call a Criminal Defense Attorney Now

Don’t wait to get legal help after being arrested following a police search of your domicile. Your future, reputation, and criminal record are on the line.

Call Britt Criminal Defense today for more information or to book your consultation at 443-944-5705.

Was I Falsely Arrested?

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.

How Can I Fight a Protective Order?

Were You Charged With Assault Or Child Abuse?

If you were charged with assault or child abuse, you may have also been issued a protective order, also called a restraining order. Or, you may be facing a protective order filed against you by someone out of the blue. Here’s what you should know about fighting for your rights when someone is seeking a protective order against you.

What Is a Protective Order?

A protective order is a legal document that notifies the judicial system that there is a potential for abuse or violence, and also puts the alleged perpetrator on notice. A protective order will contain specific guidelines that the alleged perpetrator must abide by, such as staying a certain distance from the alleged victim. Failure to adhere to those guidelines may result in severe consequences, including but not limited to fines and/or jail time.

When Is a Protective Order Issued in Maryland?

A protective order can be issued in Maryland when abuse or violence occurs between an alleged perpetrator and someone in their home with whom they have a familial relationship, such as a spouse, a child, or even a stepchild. Protective orders are often filed in conjunction with domestic violence or child abuse charges, however, any Maryland resident who meets the relational requriements can file for a protective order at any time.

How to Fight Against a Protective Order

In a domestic violence or abuse case, the burden of proof is on the victim. They must be able to show enough evidence that violence is likely to recur without a restraining order that a judge would see fit to grant the order. Because of the private nature of this type of violence, hard evidence against the alleged perpetrator often doesn’t exist. It’s often the word of the alleged victim against the perpetrator’s.

Common defenses against protective orders include illustrating good character to the courts, showing that you have no past history of domestic violence or other violent criminal activity, and bringing evidence of false or fradulent allegations of abuse against the supposed victim.

When to Contact an Experienced Criminal Defense Lawyer

If you’ve been issued an interim protective order or have been notified that someone is seeking a full protective order against you, it’s important that you work with an experienced criminal defense attorney. Contact Britt Criminal Defense today to learn more about defending yourself against a protective order or to schedule a consultation 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.

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.

Top 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.