What Is an Unreasonable Search By Law Enforcement?

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?

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?

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?

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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.

Alternative Sentencing in Maryland: Different Types

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?

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, incarceration.

Payment of Restitution or Fines Incarceration

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 follow-up 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 in a Criminal Case

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

Jurors may still expect defendants to speak up during testifying in a criminal case in Maryland, even though the burden of proof is entirely on the prosecution. This misunderstanding can sometimes harm a defendant’s chances if they choose to testify.

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.

Does a Judge Always Have Discretion Over a Sentence?

Penalties Based On Crime

Judge sentencing discretion refers to how penalties are typically decided by the severity of the crime. In a criminal case, penalties are typically decided by the severity of the crime. Generally, a criminal offense that does less 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.

Criminal Case Guide: What Are Aggravating Factors?

Not All Crimes Are Penalized Equally in a Criminal Case

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? One of the Top Questions about Getting Arrested

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.