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How to Handle a False Allegation of Sex Crimes

Sex crimes

How to Handle a False Allegation of Sex Crimes

Being wrongfully accused of sex crimes may be very upsetting and challenging. It’s crucial to approach it cautiously and obtain legal counsel from an experienced criminal defense attorney. Here are some actions to consider if faced with a sex crime allegation.

  • Don’t dismiss the allegations just because they are untrue.

It may be easy to dismiss the accusations since you are confident in your innocence, but this is never the wisest course of action. Sexual offenses can have serious, long-lasting repercussions. It would be best to defend yourself when you proactively become aware of the allegations.

  • Hire a defense attorney immediately

As soon as you learn you have been accused of a sex-related offense, contact a criminal defense lawyer focusing on sexual assault claims. You should retain a lawyer with experience taking on cases of this nature, just as you would if you were seeking medical advice from a professional. You should also choose a lawyer who thoroughly considers the case’s circumstances and does not promise a quick result. Be truthful with the attorney before disclosing what happened to anybody else, including the police.

  • Don’t try to defend yourself

It’s only reasonable to want to explain how you interpret the circumstances that may have given rise to the charge. You must refrain from calling the accuser to “get to the bottom” of the claim or offer an explanation for what transpired.

Everything you say can be used against you after you are charged. This covers any discussions you have with the accuser, interactions with friends, and posts you make on social media. Until the dispute is resolved, only communicate with the person who has accused you through your lawyer.

  • Inform your lawyer of all supporting evidence

These days, there are cameras almost everywhere. Tell your attorney if you are aware of a video system near the claimed assault. This is frequently helpful because it could support how you remember the events. Be sure to give your lawyer any images that were taken on the disputed night that can support your case.

Remember that you must only provide your attorney with the evidence you have or are aware of; it must not be revealed to friends or family or provided to the police. Once the police have confirmed the accuracy of the material, your attorney will notify the authorities.

In conclusion, you will understandably feel outraged when you are wrongly accused of sexual assault, but controlling your feelings is essential—anything you say or do in public must be watched since it could be used against you. To avoid a confrontation, stay as far away from the accuser and their friends, relatives, or coworkers as possible.

 


Accomplice vs. Conspirator: Key Legal Differences

criminal defense attorney maryland

Accomplice Vs. Conspirator in a Criminal Case; Everything You Need to Know

A person who has assisted in committing a crime is called an accomplice or a conspirator in law. An accomplice deliberately or consciously helps someone commit a crime, whereas a conspirator joins a group of people in a scheme to do an illegal act. Below is what you need to know between an accomplice and a conspirator.

Who is an Accomplice in Criminal Case?

A person who actively and knowingly participates in a crime is an accomplice. As seen from these definitions, one need not participate in the crime to be an accomplice; one only has to encourage it or be aware of it in advance. Even though an accomplice was not there when the crime was committed, he is responsible nonetheless.

Assume, for instance, that the bank watchman deliberately turns off the security system to allow criminals to enter the building. This man is an accomplice even if he might not have been at the site of the crime because he is also responsible for it. An accomplice may face the exact charges and penalties as the primary offender.

Who is a Conspirator?

A conspiracy occurs when two or more people consciously commit illegal conduct. A co-conspiracy is a term used to describe each participant in this plot. The actual crime’s commission and the conspiracy that led to it may be brought against a defendant. A person might still be charged with conspiracy even if the actual crime is not committed. Let’s revisit the bank robbery example: if you are apprehended before the robbery and have all the evidence of the plan, you can be charged with conspiracy. Conspiracy charges may be brought against you even if you hire someone to conduct a crime on your behalf in a criminal case.

Differences Between a Conspirator and an Accomplice in a Criminal Case

  1. An accomplice is someone who knowingly and voluntarily aids, attempts to aid, or supports a crime. In contrast, a Conspirator is a person who joins a scheme to do illegal conduct with one or more other people.
  2. Only when his partner executes the crime an accomplice may divert attention away from witnesses or security. Even if he did not actively participate in the crime, he is guilty of the crime. In contrast, a conspirator could pay someone to do something wrong. He bears direct responsibility for the crime despite not committing it.
  3. Once a crime has been committed, a person may be accused of being an accomplice. In contrast, someone could face conspiracy charges even before committing the crime.

Finally, it is vital to remember that depending on the jurisdiction and relevant legislation, the precise legal definitions and repercussions of being an accomplice or conspirator can change. In a criminal case, the degree of each person’s involvement, intent, and knowledge will be thoroughly assessed to determine their responsibility and potential penalty.


Major Terms Commonly Used in Criminal Justice System

Criminal Justice System

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.

 


How are Sex Crimes Classified in Maryland?

Sex crimes

How are Sex Crimes Classified in Maryland?

Sex crimes in Maryland are inappropriate sexual contact with a person without consent. Some examples of sex offenses include abducting a child with the aim of prostitution, sexual assault, rape, incest, child pornography, and lewd and lascivious behavior.

Using force or the threat of force against another person to pressure them into sadomasochistic behavior or sexual activity is prohibited by law. Adults are not permitted to engage in sexual activity with minors in Maryland. A child in Maryland is a person under the age of 18. But a person must be at least 16 to consent to sexual conduct.

Classification of Sex Crimes in Maryland

Sex crimes in Maryland are categorized into second, third, and fourth-degree. The classification of a sex offense depends on the nature and type of the crime. The most serious sexual offenses are those of the second degree, while the least serious ones are those of the fourth.

What are second-degree Sex Crimes in Maryland?

Second-degree sex crimes in Maryland often consist of two things:

  1. A sexual act involving the accused and the victim must have taken place.
  2. At least one of the conditions below must be met when the conduct was committed.
  • The victim was under 14 years old, while the attacker was at least four years older.
  • The victim was either mentally ill, physically helpless, or both when the incident happened. And that the offender at the time should have known or could have inferred.
  • The victim was coerced into the sexual act using actual or threatened force.

Penalties for Second-Degree Sexual offenses in Maryland

Second-degree sex crimes in Maryland are felonies. A second-degree sexual offense conviction carries a maximum sentence of 20 years in prison. A mandatory 15-year jail sentence might be imposed If the perpetrator was 18 years of age or older and committed a sex offense with a person who was younger than 13 years at the time the act happened. In such a case, the judge has the option of handing down a sentence of 15 years to life in prison for the offender.

Finally, people are frequently charged with second-degree sex offenses whether they commit the crime or not. A former romantic partner or spouse may be the target of some people’s desire for vengeance. You have the right to deny any allegations and defend yourself If a lawsuit is filed against you.

 


5 Types of Evidence That Can Help a Criminal Defense Process

Criminal Defense Process

One of the most important skills for any skilled criminal defense lawyer is recognizing, gathering, and examining diverse evidence. Every criminal case requires evidence to help the criminal defense process. Credible evidence may quickly assist in convicting a criminal. These five forms of evidence are acceptable in court for criminal defense.

Real Evidence

Real evidence was any object used or present at the crime scene when the crime was committed. The document or object will be offered as actual evidence in court. Among these materials are a rifle, stained clothing, money with anti-theft markings, a knife, a bent car, and other items.

Physical evidence is significant; therefore, a lawyer must carefully examine it to ensure it is real, pertinent, and important to the case. The foundation is laid during this process. Your attorney must use witnesses to show the jury the chain of possession for the object.

Documentary Evidence for Criminal Defense Process

Documentary evidence is frequently used as the primary form of real proof in criminal prosecutions. In general, this refers to any evidence that adds to the commonly provided documentation of the events leading up to the crime during trials. For instance, the broken contract would be appropriate documented evidence if your criminal defense lawyer asserted a claim of breach of contract.

Primary and secondary sources are both acceptable forms of documentary evidence. Primary evidence is when an original document is presented to the court for review. However, an authenticated copy of the original document is considered secondary evidence.

Demonstrative Evidence

Demonstrative evidence is used to support testimony to establish the truth or falsity of a claim. Animations, diagrams, maps, and other visual aids are frequently used as demonstrative evidence.

Testimonial Evidence For Criminal Defense Process

Testimonial evidence, frequently considered the simplest way to provide evidence, takes testimony from witnesses willing to describe what they saw before, during, or after the crime. Your criminal defense lawyer will attest that this proof is legitimate even without backing.

Digital Evidence

Digital evidence is information acquired from any digital file or electronic source. Examples of digital evidence are text messages, emails, phone calls, papers, and information extracted from hard drives.

Lastly, contact a criminal defense attorney for the evidence needed for your criminal case.


What Are the Major Stages of a Criminal Case in Maryland?

Criminal Case In Maryland

What Are the Major Stages of a Criminal Case in Maryland?

Handling a criminal case in Maryland can be a complicated affair without the proper knowledge of the proceedings. Often the process involves an array of stages that could take a significant amount of time to get through, depending on the nature of the crime and the specific state’s laws. Below are the major stages of a criminal case in Maryland.

1.   Investigation

Every criminal case begins with an investigation. In Maryland, charges and investigations usually start when someone files a complaint with the officials. Say, for instance, there was a fight at the bar or an incidence of domestic violence. In such cases, when the police are called, it is on the grounds of “exigent circumstances,” and depending on the severity of the issue, a warrant might not be necessary. However, the authorities may interview the involved persons, further investigate the intricacies of the matter, and determine whether criminal charges will be filed.

2.   Processing With the Necessary Authorities

Following up after the investigation by law enforcement officials, depending on the nature of the criminal case in Maryland, the next stage is usually handled by the involved authorities. Who may either be commissioners, the police themselves, or handed over to detectives and administrative investigators, depending on the case.

3.   Filing a Charge for  Criminal Case in Maryland

Depending on the nature of the incident, the reporting personnel or government might decide to file charges against the other party. If this is the case, the reporting person is to see the commissioner or police officer, who will verify and validate the provided facts. The integrity of information and the nature of the crime are the factors that will direct the commissioner into deciding whether or not the case is worth filing.

4.   Preliminary Hearings for A Criminal Case In Maryland

Once the provided facts are correct, in Maryland, the next step is having the defendant exercise their rights to a preliminary hearing in a district court. In a preliminary hearing, evidence is first provided by the state’s attorney’s office. Based on the information provided, the district court is then to decide whether the case should continue in a circuit court.

5.   An Investigation by A Grand Jury

Depending on the severity and nature of the crime, or in an instance when the integrity of provided information needs to be clarified further, a more independent body might be required. At the federal and state levels, a grand jury comprises 24 jurors. This body is responsible for validating facts following the state’s laws and ensuring no over-exaggeration or misleading information. The review of the grand jury will be the basis of whether indicting the defendant is valid.

6.   An Arraignment in Criminal Court

If the Grand jury finds the indictment of the defendant valid, the defendant is to appear before the criminal court. It is of utmost importance for the defendant to have a skilled lawyer present through this process to be adequately informed about the intricacies of the arraignment and how to best navigate the situation. After arraignment, a trial date is set, and the time before the trial is a necessary period called the “discovery time.” During this period, it is in the defendant’s best interest to have an experienced attorney going through every detail of the case and obtaining the necessary information to ensure the affected party can benefit from the situation.

 


Criminal Arrests | Eastern Shore Maryland

Salisbury Criminal Lawyers

Arrests On The Eastern Shore Of Maryland

The eastern shore of Maryland is known for its rich history, beautiful landscapes, and vibrant communities but the Eastern Shore of Maryland also has a fair share of criminal activity. Some believe that this is due in part to its proximity to major metropolitan areas like Washington, D.C., Baltimore, and Philadelphia. While communities may look perfect on the outside, no one is above making a mistake that lands them in handcuffs or a criminal court. The region has also been home to a number of high-profile criminal cases, including the murder of former NFL star Aaron Hernandez.

Crime rate on the Eastern Shore

In recent years, the Eastern Shore has seen a decrease in overall crime rates. However, there has been an increase in the number of drug-related crimes. In particular, heroin and opioid abuse have become a major problem in the region.

If you are facing criminal charges on the Eastern Shore of Maryland, it is important to have an experienced lawyer by your side. The attorneys at Britt Criminal Defense have extensive experience handling criminal cases on the Eastern Shore, and we will work tirelessly to help you achieve the best possible outcome for your situation. Contact us today to schedule a consultation and learn more about how we can help you.

Get Help Today

No matter what type of criminal charges you may be facing, the attorneys at Britt Criminal Defense are here to help. Your future depends on effective defense and we have decades of experience handling complex criminal cases on the Eastern Shore, and we will work tirelessly to achieve the best possible outcome for your situation.


Major Things to Note About Felony and Misdemeanor Offenses in Maryland

Criminal Case In Maryland

Felony Vs Misdemeanors

Felony and misdemeanor offenses are two different offenses that attract other punishments or charges. However, they both belong to the criminal offense category in Maryland. It is essential to understand what crime you commit, whether it is a felony or misdemeanor. Then based on that information, you can consult a lawyer to take up your case.

Misdemeanor Offenses in Maryland

Misdemeanor offenses are crimes that do not involve a dangerous or life-threatening intent. Hence, the punishment is usually accompanied by a jail term, probation, incarceration, and fines.

In Maryland, an individual will receive the main invitation to court within four and six weeks of being charged with the offense. The juridical hearing takes place at the district court. Sometimes the court will settle the case on fort visit, while other times, it will be adjourned, so parties involved can gather enough evidence.

Felony Offenses in Maryland

A felony is a more severe offense than a misdemeanor. It means the crime was with dangerous intent, usually to harm the other party. The juridical will allow you to understand the weight of your offense and give you the chance to consult an attorney. In this case, the matter will be judged at the circuit court and not the district court, as we have it as a misdemeanor. Also, not all felony cases call for a jury trial. Sometimes, you may have to go through a bench trial. In both cases, you need an attorney that should present your claim in your favor.

The punishment for a felony case is often the same as that of misdemeanor, but with longer sentences or higher fines.

The Penalty of Not Paying Your Criminal Fine

In both misdemeanors and felony cases, your attorney may plead with the court you pay a fine instead of spending some time in jail. The court would assume you violate probation when you choose not to pay the fine.

While the court is considering your case, you need an attorney, and also afterward. Consult an attorney that will keep advising you on clearing clear of such offenses. Also, an attorney would guide you through how to cope in society, especially when seeking a job.

Contact a lawyer today to help win your misdemeanor or felony case.


5 Reasons to Hire a Criminal Defense Lawyer

Criminal Defense Lawyer

5 Reasons You Need a Criminal Defense Lawyer When Charged with Criminal Offense

A criminal defense lawyer knows the correct protocol to follow when charged with a criminal offense. Contrary to popular opinion, you will spend less when you hire a defense lawyer than losing the case. Here, we shall discuss several other five reasons you need a criminal defense lawyer.

1. A Defense Lawyer Understands the Judiciary System

One of the first things to consider is the in-depth understanding a lawyer has. Going to court on your own may be overwhelming because the legal system is a complicated one. Meanwhile, it takes years of practice for legal practitioners to master the rules of the game.

2. Follow All Court Protocols

There are specific protocols to follow while presenting your case in court. Any major mistake from you could lead to an extension of the jail term or worsen the situation. With the correct paperwork, your defense attorney can even prevent your case from reaching court.

Not only do we have intelligent lawyers, but we are also skilled with over thirty years of experience in the industry.

3. Examine the Evidence Leading Your Cases

Often, opponents try every means to use incriminating evidence against an individual. A legal expert can identify illegal evidence that was forged to mess your case. More so, it is crucial to choose a lawyer from an existing law firm. This way, you can get support from other team members.

4. Access to Legal Advice

A defense lawyer will use his years of experience to present your case in your best interest. It involves smartness to be able to prove yourself innocent without turning back against you. An expert lawyer will ensure to keep reviewing your case to identify any form of weakness. More so, your lawyer will advise you on the right tone and words to use in court.

5. A Defense Lawyer Saves You from Future Harm

A criminal offense does damage not only the present but also the future. Many people’s lives have taken a negative turn by spending their lives in jail. Hence, a defense lawyer must ensure your criminal records are not in existence. This also eliminates any history that may serve as a hindrance to future achievements. For example, when applying for a job at an organization or company.

Wrapping Up

When found guilty as charged, the other party may offer an alternative deal. A defense lawyer will weigh the situation to determine if it will play in your favor. Meanwhile, not every agreement should be accepted by an individual in court, especially one that sounds too good to be true.

We have trained professionals that will prove you innocent in whatever criminal case you have been involved in.

 

 


How Are Criminal Offenses Categorized in Maryland?

Criminal Defense Lawyer

Not all criminal offenses are treated the same and if you’ve been charged with any kind of crime, it’s important to understand the differences between them and potential defenses for each. Below is a breakdown of the five different types of criminal offenses and what you can expect when you reach out to an attorney for help. 

Organized or White Collar Crime

Organized crime, or white collar crime, is nonviolent offenses such as extortion, money laundering, smuggling of contraband, human or drug trafficking, illegal gambling, and the manufacture or distribution of counterfeit products. In many cases, white collar crimes are organized across multiple countries and involve many different people. That said, some white collar criminal offenses are committed by individuals. 

Violent Criminal Offenses 

Crimes against other people, or in some cases animals, are generally considered to be violent crimes. Examples of violent crimes include but aren’t limited to homicide, manslaughter, sexual assault against an adult or child, assault and battery, robbery, child endangerment, kidnapping, and gang crimes. These offenses generally carry the harshest punishments in response to the seriousness of the alleged crime. 

Tech Crimes 

Tech or computer crimes may be considered white collar or organized depending on the type of crime and how it was committed. Common tech crimes include wire fraud, identity theft, debit or credit card fraud, and other types of cybercrime. 

Crimes That Violate Public Order 

Criminal offenses that violate public order are crimes that are considered to contradict or interfere with societal order. Common public order offenses faced by defendants in Maryland may include adult pornography (child pornography is considered violent), prostitution, solicitation, drug offenses, and drunk and disorderly conduct. 

Crimes Against Property 

Property crimes are usually categorized as nonviolent when people aren’t involved. For example, arson is a property crime unless one or more people were in the building that burned. Other property crimes may include trespassing, vandalism or other destruction of property, possessing stolen items, auto theft, shoplifting, and similar “victimless” offenses. 

How an Eastern Shore Criminal Defense Attorney Can Help You 
No matter what type of criminal charges you’re facing, it’s critical that you start working with a criminal defense lawyer as soon as you learn that you’re a suspect in an investigation. Call Britt Criminal Defense now to schedule your consultation appointment by dialing 443-944-5705. We’re available now to provide you with comprehensive legal assistance.