Major Terms Commonly Used in Criminal Justice System

Criminal justice system deals with the legal system in criminal conduct, such as laws that define crimes, the defense of crimes, and how law enforcement, courts, and attorneys conduct themselves in the steps of a criminal case. Therefore, you don’t have to be an attorney before understanding the criminal justice system and how it works. It is a basic life skill you need to stay on the good side of the law. 

The first step is getting familiar with various commonly used terms in the criminal justice system. Are you facing any criminal charges, or do you want to get more familiar with the criminal justice system? There are many new terms that you will encounter, but below are some of the most commonly used terms in the criminal justice system. 

1. Abduction: To take someone away from a place without that person’s consent or by fraud.
2. Accessory: Someone who intentionally aids another person in committing a crime. An accessory is usually not physically present during the crime.
3. Accomplice: Someone who helps someone known as the principal commit a crime. Unlike an accessory, an accomplice is usually present when the crime is committed. Also, an accomplice is guilty of the same offense and usually receives the same sentence as the principal.
4. Circumstantial Evidence: Aside from eyewitness testimony, this is evidence used for a case. Examples include physical evidence, such as fingerprints.
5. Custody: Having to detain a person legally to ensure his or her appearance at any hearing
6. Embezzlement: The fraudulent misappropriation of benefits or property, or money entrusted to a person by another for his own use.
7. Exhibit: A document or other item introduced as evidence during a trial or hearing.
8. Eye Witness: A person who is present and sees a crime taking place.
9. False Arrest: Any unlawful physical restraint of another’s personal liberty, whether or not carried out by a peace officer.
10. Felony: A felony is a serious criminal offense, usually punishable by a prison term or, in some cases, by death. Felonies are considered more severe than misdemeanors. Murder, extortion and kidnapping are some examples of felonies. Felonies are classified as 1st-degree, 2nd-degree, 3rd-degree or capital felonies.
11. Hearing: This is a legal proceeding held before a judge or administrative body in a court.
12. Indictment: A formal written accusation made by a grand jury and filed in court, alleging that a specific person has committed a specific crime.
13. Judgment: The official document of a judge’s disposition of a case and sentence of a defendant.
14. Mistrial: A trial invalid because of some fundamental errors in procedure, wrongdoing or a hung jury. A judge can set the case for a new trial or retrial at a future date.
15. Motion: An application made to a court or judge which requests a ruling or order in favor of the applicant.
16. Objection: The process by which one party takes exception to some statement or procedure. An objection is either sustained (allowed) or overruled by the judge.
17. Plea: The first pleading by a criminal defendant, the defendant’s declaration in open court that he or she is guilty or not guilty. The defendant’s answer to the charges made in the indictment or information.
18. Prison: Prisons are operated by state governments and the Federal Bureau of Prisons and are designed to hold individuals convicted of crimes.
19. Settlement: An agreement between the parties disposing of a lawsuit..
20. True Copy: An exact copy of a written instrument.
21. Victim: Someone who suffers harm or loss, or is killed by another.

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. 

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. 

Being arrested can be a frightening and life-altering experience. Here are some answers to the top questions we get asked about being arrested by police officers in Maryland. 

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.

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. 

Methamphetamine Possession Charges Are Serious

These charges can affect every aspect of your life now and in the future, including your job, your relationships, and where you live. If you’ve been charged with possession of meth in Maryland, it’s important that you know what you’re dealing with and how to get the help you need. 

and they can affect every aspect of your life now and in the future, including your job, your relationships, and where you live. If you’ve been charged with possession of meth in Maryland, it’s important that you know what you’re dealing with and how to get the help you need. 

Federal Meth Laws 

Methamphetamine isn’t legal anywhere in the United States. If you are found to be in possession of meth, you stand to incur what is known as a mandatory minimum sentence, meaning that you must incur at least the minimum penalty. If you are charged with possessing five or more grams of methamphetamine, you stand to face at least five years in a state prison, with a maximum of 40 years. If you’re charged with the possession of more than fifty grams, your minimum sentence is at least 10 years, with a maximum of life. 

Maryland Meth Laws

In Maryland, you’re also subject to state laws regarding the possession of methamphetamine. Possession of meth is considered a misdemeanor and carries a maximum of four years and up to a $25,000 fine. If you are caught bringing meth into the state, the penalties are much more serious. Trafficking up to 25 grams is a felony that can earn you 25 years in prison and up to a $50,000 fine. 

How to Defend Against Methamphetamine Possession

You can defend yourself against charges of meth possession a few different ways. Which is likely to be the most effective largely depends on the facts of your case. You may be able to content that: 

• The drug you were arrested for was not methamphetamine 
• You had a legal prescription for the methamphetamine 
• The meth belonged to someone else and/or you were not aware of its presence 
• You were not aware that the substance in your possession was meth 

If you were arrested for possession with the intent to sell, you face even greater penalties. However, you may be able to contend that the meth you possessed was simply for personal use and not for distribution. 

When to Contact a Maryland Drug Possession Lawyer 

Were you charged with possession of methamphetamine in Maryland? Don’t hesitate to get legal help right away. Call Britt Criminal Defense today to learn more or to schedule a consultation to discuss the details of your case. (443) 614-6881.