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.

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.