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 one filed against you by someone out of the blue. Here’s what you should know about fighting for your rights.

What Is a Protective Order?

It 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. It usually contains 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 It Issued in Maryland?

This document 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. These are often filed in conjunction with domestic violence or child abuse charges, however, any Maryland resident who meets the relational requirements 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
bringing evidence of false or fraudulent 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?

White collar crimes in Maryland involve non-violent offenses typically committed for financial gain through deception, misrepresentation, or abuse of trust. These cases are often complex and aggressively prosecuted, especially when they involve large sums of money, corporate entities, or public trust. If you are under investigation or facing charges, understanding how Maryland law defines and prosecutes these offenses is critical to protecting your rights, reputation, and future.

Understanding White Collar Crimes in Maryland and How They Are Prosecuted

White collar crimes in Maryland are prosecuted under both state and, in some cases, federal law, depending on the scope of the alleged offense. Prosecutors often rely on extensive financial records, digital communications, and expert testimony to build their cases. Because these investigations can take months—or even years—before charges are filed, individuals may not realize they are at risk until law enforcement takes action.

Penalties can include significant fines, restitution, forfeiture of assets, probation, and lengthy prison sentences. Beyond criminal consequences, convictions may also lead to professional license suspension, loss of employment, and long-term damage to personal and business reputations. Early legal representation can be crucial, as a defense attorney may be able to challenge the evidence, negotiate reduced charges, or intervene before formal charges are brought.

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.

1. 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.

2. 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.

3. 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.

4. 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.

5. 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 4 Defenses for Serious Crimes

If you’re convicted serious crimes 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.

Defense Strategies for Serious Crimes

Facing charges for serious crimes can be overwhelming, but having a skilled criminal defense attorney can significantly influence the outcome of your case. When you are accused of serious criminal conduct, your lawyer’s primary goal is to protect your rights and ensure that you receive a fair trial. Defense strategies will vary depending on the nature of the charges, the evidence presented, and the circumstances surrounding the alleged crime.

Some strategies may involve challenging the credibility of witnesses, questioning the legality of searches or seizures, or scrutinizing the collection of evidence. In certain cases, your attorney may argue that you were not present at the scene, lacked intent, or acted in self-defense. Other strategies include negotiating for reduced charges or alternative sentencing when appropriate.

Because every case involving serious crimes is unique, a personalized defense plan is crucial. Your attorney will carefully examine every detail of the case to determine the strongest approach to protect your freedom and future. Understanding these strategies can give you confidence and peace of mind during a difficult time.

1. 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.

2. 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.

3. 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.

4. 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 serious crimes like murder, manslaughter, rape, grand theft, or another felony? It is critical to contact a criminal defense lawyer as soon as possible, even before speaking with law enforcement, to ensure your rights are fully protected.

Your reputation, career, and relationships are on the line. They can also review evidence, identify potential procedural errors, communicate with prosecutors, and advise you on how to respond to investigations and court appearances.

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 443-944-5705.