MARYLAND CRIMINAL DEFENSE ATTORNEYS
DEFENDING CLIENTS CHARGED WITH CRIMINAL CHARGES IN MARYLAND
A criminal charge can place a tremendous amount of stress on a person. The person charged begins to feel the entire weight of the criminal justice system bearing down on them. To make things worse, once a person is charged, they may loose their job or have their friends and family view them differently. The worst part of all of this is that this occurs even before the person accused has been convicted of a crime. Regardless of the criminal charge you are facing in Maryland, know one thing for certain. When you hire the Maryland criminal attorneys of SRIS, P.C., you know you have your strongest supporter at your side. How do you know this? Once the Maryland criminal attorneys of SRIS, P.C. are hired, our attorneys will do their best to return your call within eight (8) hours of you calling them. Also to better serve you, the Maryland criminal attorneys of SRIS, P.C., have two offices to better serve you. Our Maryland offices are in Rockville and Baltimore. During your entire case, we will work diligently towards keeping you informed as to the status of your case. Our Maryland criminal defense attorneys will not hesitate to prepare for trial and vigorously defend you. However, if it is in your best interest to plea bargain, we will do our best to obtain you the best plea available. We defend adults & juveniles charged with criminal offenses in Maryland. If you wish to consult a SRIS, P.C. Maryland criminal lawyer, please simply contact us via email or call us at our toll free number (888-437-7747) or our fast on line form. A Maryland criminal attorney of SRIS, P.C. will gladly consult with you regarding your matter.
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The following is a basic primer regarding Maryland criminal procedure:
- Maryland Criminal Law Process and Proceedings
- Being Stopped By The Police
- Search Warrants & Searches
- Warrantless Searches
- Being Arrested
- Booking or Being Booked
- Arraignment
- Bail/Bond
- Speedy Trial
- Going to Trial
- Jury Nullification
- Appealing Your Sentence
Maryland Criminal Law Process and Proceedings (top)
If you’ve been charged in a criminal case in Maryland, there’s bound to be a lot of uncertainty about the exact process and proceedings. Criminal law is often complex and confusing, and knowing your legal rights is always in your best interest.
Your first action should be to contact an Maryland criminal defense attorney experienced in Maryland criminal law matters. Your attorney will be able to explain the law as it pertains to your particular case, the possible penalties involved, and how to best assist you in making informed decisions as your case moves through the Maryland criminal court process
Let’s take a look at the possible steps involved with the criminal process.
Being Stopped By The Police in Maryland (top)
A police office may ’stop’ or detain you for questioning. This is not the same as being arrested. When under arrest, a person is usually moved to a different location. If stopped by the police in Maryland, the officer may ask you questions. However, you do have the right to remain silent.
Recent Supreme Court decisions have ruled that when investigating a possible crime or offense, police officers may ask your name, and you are obligated to reply. This does leave open several interesting possibilities, however. If by giving your name you are actually implicating yourself in a crime, that could run afoul of 5th Amendment protections against self-incrimination. Plus, the court did not address giving the police a pseudonym.
The Justices did note the 5th Amendment consideration mentioned above, but chose to leave that question for another day and another Court.
If the stop is routine, giving polite but short answers may be your best course of action. However, the moment you suspect your answers to any questions may implicate you in crime, the rule is: Remain Silent!
Search Warrants & Searches In Maryland (top)
A search warrant is a written order issued by judge or magistrate authorizing the police to conduct a search of your person, location or residence in order to find evidence of a criminal offense, and if finding such evidence, seizing it.
Under the Fourth Amendment to the United States Constitution, in order for most warrants to be issued, “probable cause” is necessary.
Any police entry of an individual’s home always requires a warrant (for either search or arrest), absent extenuating circumstances such as hot pursuit of a felon, imminent destruction of evidence, preventing a felon’s escape, or a real risk of harm to police or others.
Probable cause may be based upon direct information, for example an officer’s personal observation. It can also be based upon hearsay – so long as the source of the hearsay is reliable, as determined by a entirety of the circumstances.
In Maryland, for probable cause to exist, these conditions must be met:
•· It is more likely than not that the specific items to be searched for are connected with criminal activities
•· Those items will be found in the place to be searched
Warrantless Searches In Maryland (top)
In Maryland, search warrants are not required for the following:
- Searches during an arrest: Police officers are permitted to search your body and/or clothing for weapons or other contraband when making a valid arrest.
- Automobile searches: If you’re arrested in a vehicle, the police may search the inside of the vehicle. To perform a complete search of the vehicle (such as in locked glove compartments, for example), probable cause is necessary.
- Exigent circumstances: Searches may be conducted if there are “exigent circumstances” which demand immediate action, such as the factors mentioned above: Hot pursuit of a felon, imminent destruction of evidence, preventing a felon’s escape, or a real risk of harm to police or others.
- Plain view: A search warrant is not required if the officer sees a suspect object that is in plain view. For example, if a police officer stops you for a traffic violation and sees bags of white powder lying on your car seat, a search warrant isn’t necessary to investigate the nature of that powder more closely. The deciding factors here are that the officer is legitimately on the premises, his observation is from a legitimate vantage point, and it is immediately apparent that the evidence is contraband
- Consent: If you consent to a search of your body, your vehicle, or your home, police are not required to have a warrant. You aren’t required to consent to any police searches. As a rule of thumb, it’s always better to deny consent. You may have items on you that are illegal without you even knowing it. (Mace, pepper spray, knives all come to mind.)
It should be noted that police officers have tried to circumvent this “consent” limitation. One case in point involved searching luggage on a Greyhound bus for illegal drugs without the requisite probable cause. The police officers “asked” each rider to open up their luggage – without informing them of their right of refusal. The Supreme Court ultimately sided with the police, ruling that the officers had no obligation to inform the bus riders they could refuse the search.
This holds true when being stopped for a minor traffic violation. The officer may “ask” you to open up your trunk, without stipulating you can refuse. The intimidation factor alone causes many innocent people to comply.
Being Arrested In Maryland (top)
In Maryland, as in other states, in order for a police officer to arrest you, he or she must again have “probable cause.” This means there must be a reasonable belief a crime was committed – and you either committed it or were involved in that crime. A police officer may arrest you with or without an arrest warrant.
After being placed under arrest, it is important to remember your constitutional rights. At this point, the two most important rights for you to be aware of are your rights to remain silent and the rights to have an attorney.
After your arrest, you can’t be compelled to say anything to police or investigators until you have an attorney present. You must also be given the opportunity to contact an attorney.
IN EVERY CASE, it is advisable to remain silent after being arrested. Don’t try and “talk your way out” of the situation. Anything you say can and will be used against you. When placed under arrest, you may not be aware of all the consequences of your alleged crime under Maryland law. By remaining silent, you can’t be held answerable for things not said.
It’s also advisable not to resist arrest. You’ll have your chance in court if you believe the arresting officer was acting out of malice or without proper cause. Resisting arrest only make you appear guilty – and it can also result in physical force being used against you as well.
Booking or Being Booked In Maryland (top)
After being arrested in Maryland, you’ll be brought by the police to the police station for the booking process. You’ll be fingerprinted and asked a series of questions, such as your name and date of birth. You’ll also be searched and photographed. Your personal property such as jewelry will be cataloged and stored.
Arraignment In Maryland (top)
After criminal charges are filed against you in Maryland, you’ll make a court appearance known as an “arraignment.” If you’ve been incarcerated, this will usually occur within 72 hours of your arrest.
During your arraignment, you’ll be asked to enter a “plea” to the crime you’ve been charged with. There four pleas you can make in Maryland are:
- Guilty plea: If you plead “guilty,” you’re admitting to the facts of the crime and that you were the one who committed that crime.
- Not guilty plea: A “not guilty” plea asserts that you did not commit the crime with which you were accused. After your plea, a pre-trial or trial date will be set.
- No contest plea: A “no contest” plea (nola contendere: I will not contest it) indicates that, while you are not admitting guilt, you do not dispute the charge. This is preferable to a guilty plea because guilty pleas can be used against you in later civil lawsuits.
- “Mute” plea: In Maryland, you may “stand mute” instead of making a plea. The court will then enter a plea of not guilty. By standing mute, you avoid silently admitting to the correctness of the proceedings against you until that point. You are then free to attack all previous proceedings that may have been irregular.
During this arraignment process, the court will also:
- Set bail
- Refuse to set bail; or
- Release you on your own personal recognizance, which means the court takes your word that you will appear when necessary for later court obligations.
You may be charged in Maryland with a felony or a misdemeanor. Felony is a more serious crime, usually punishable by imprisonment for more than one year. A misdemeanor, on the other hand, is a lesser offense usually punishable by a fine or a year or less of incarceration.
Bail/Bond In Maryland (top)
“Bail” is money or property given as security to ensure that you’ll show up for further criminal proceedings.
In Maryland, bail can be paid:
- In cash
- A pledge of property
- Intangible Assets (bankbooks, certificates of deposit, letters of credit, and certificates for stocks)
- Credit and Debit Cards
- A bail bond via a bail bondsman
A professional bail bondsman is an individual whose business is to pledge his or her own property or security to guarantee the bail bond to the court. In return, they usually charge the defendant 10% of the bail fee as compensation for their services.
If you don’t show up for these further proceedings, the bail is forfeited – plus in Maryland you’ll also be guilty of the crime of failure to appear. In most cases bail money is returned at the end of the trial, no matter whether you are found guilty or not guilty of the crime.
If you hire the services of a bail bondsman, be aware the law usually allows them to use the services of bounty hunters should you choose to flee from justice – commonly called jumping bail or skipping bail.
The bounty hunter is paid a portion of the bail the “bail jumper” originally paid through the bondsman. If the fugitive eludes capture, the bondsman, not the bounty hunter, is responsible for the remainder of the bail.
Bounty hunters are also sometimes known as “bail enforcement agents” or “fugitive recovery agents.” Unlike police officers, they have no legal protections against injuries to non-fugitives and few legal protections against injuries to their targets.
Speedy Trial In Maryland (top)
Under the Sixth Amendment of the United States Constitution, you have a right to a speedy trial. In Maryland, this requires the trial date be held no later than 180 days from the date of your appearance before the court. This right can be waived if good cause is shown.
Going to Trial In Maryland (top)
In Maryland, many prosecutors will consider “plea agreements,” although it’s not legally required.
A plea agreement or plea bargain, plea deal or copping a plea is an agreement in a criminal case where the prosecutor and defendant arrange to settle the case against the defendant. The defendant agrees to plead guilty or no contest in exchange for some agreement from the prosecutor as to what punishment they’ll receive.
If you are charged In Maryland with a crime punishable by six or more months of imprisonment, you have the right to a jury trial. This right may be waived by:
- Pleading guilty; or
- Choosing a bench trial (a trial in front of a judge only)
At a bench trial, you are waiving your right to trial by jury and agree to have the facts of your case weighed and decided upon solely by the judge
At a trial by jury, you can either be found innocent (acquitted) of the charges brought against you, be acquitted of some charges and found guilty of others (if charged with multiple counts), or have a “hung jury: A “hung jury” means guilt or innocence could not be determined. This usually results in a mistrial and new legal proceedings.
Jury Nullification In Maryland (top)
There is also the little known and less used acquittal by Jury Nullification. In common law, the jury not only has the obligation to convict or acquit on the basis of the facts and beyond a reasonable doubt – they also have the right to judge the law itself. In effect saying: “Yes, the law does prohibit this action, but we the jury nullify that law in this particular case.”
Judges have traditionally refused to allow any mention of jury nullification in their courtrooms, and potential jurors are usually screened out if it appears they lean towards applying it to the case at hand. Even sitting jurors have been removed for merely mentioning nullification during their deliberations. Yet jury nullification does exist, evidenced and reaffirmed in 1969 by the United States Court of Appeals:
“We recognize…the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by the judge, and contrary to the evidence. This is a power that must exist as long as we adhere to the general verdict in criminal cases, for the courts cannot search the minds of the jurors to find the basis upon which they judge. If the jury feels that the law under which the defendant is accused, is unjust, or that exigent circumstances justified the actions of the accused, or for any reason which appeals to their logic of passion, the jury has the power to acquit, and the courts must abide by that decision.”
United States Court of Appeals for the District of Maryland: (US vs Moylan, 417 F 2d 1002, 1006 (1969)).”
In fact, the only Supreme Court ever impeached was Justice Samuel Chase – for denying a jury’s right to judge the law.
Appealing Your Sentence In Maryland (top)
In Maryland, after being convicted and sentenced, you have the chance to file an appeal of your sentence. This opportunity is not absolute – if you pleaded guilty, you may need to ask for “leave” or permission to appeal your conviction.
However, if you were convicted in Maryland at a trial by a jury, you do have an absolute right to appeal. An appeal does not retry the case. It’s a review and examination of the trial record – ensuring the proceedings were conducted in a fair and reasonable manner. Depending upon the crime, this process varies, but be aware that in Maryland there are time deadlines and limitations by which you must file an appeal or lose that right.
There are many reasons why you may want to appeal a guilty verdict in a criminal case, including what’s called “legal error.”
Legal error may include:
- Evidence was allowed during the criminal process that should have been inadmissible, including evidence that was obtained in violation of your constitutional rights
- Lack of sufficient evidence to support a verdict of guilty
- Mistakes in the judge’s instructions to the jury regarding your case
You may also appeal due to a juror or jurors misconduct, or if newly discovered evidence proves your innocence.
Our Maryland criminal defense attorneys and staff speak various languages, including English, Tamil, Spanish, French, Arabic, Hindi, Cantonese, Mandarin, and Telugu.
For more information or to make an appointment with SRIS, P.C., please call, send an email or complete the on-line form
The Maryland criminal attorneys of SRIS, P.C. handle Federal cases in the following Maryland Federal courthouses:
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