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CRIMINAL OFFENSES
Whether you are an adult or juvenile accused
of a misdemeanor or felony crime, you need sound legal
advice and the effective assistance of experienced attorneys. At
every stage of the case - arrest through trial and appeal
- our firm has extensive experience defending the rights
of individuals accused of all types of
criminal offenses.
Our firm represents individuals in Maryland’s
District and Circuit trial courts, and the federal criminal
justice system who have been accused of criminal offenses. We
are committed to ensuring and protecting your Constitutional
safeguards from initial arrest through every phase of court
proceedings. In preparing your legal defense we carefully
examine the facts of your case, talk to witnesses, and
identify flaws in the State’s case stemming from
unlawful or unreasonable police conduct or procedure:
Were you given Miranda rights
advising that you could have
an attorney present and had the right to remain silent?
Did the police allow you to speak with
an attorney?
Did the police have probable cause to arrest
you?
Was there probable cause to search you?
Was evidence properly seized and properly
maintained in
police custody?
Was there a valid basis for the issuance
of a warrant to search
and seize your property?
We will fight the introduction and admissibility
of evidence to be used against you at trial through suppression
and evidentiary hearings. We make the State prove
their case! You are innocent until proven
guilty and the burden is on the State to prove your guilt! The
level of proof required to convict a person in a criminal
case is beyond a reasonable doubt. That means a judge
or jury must be convinced of your guilt.
We possess the legal expertise, knowledge
and skill that you need for effective representation when
accused of a crime. We care about our clients and
are dedicated to obtaining the best possible results for
them.
DETENTION AND ARREST
Police possess the authority in certain circumstances
to approach a person for the purpose of investigating criminal
behavior. They may also approach and ask if you are
willing to answer questions. You
do not need to answer any questions. You
can even refuse to listen and walk away. You
cannot be detained by the police without reasonable suspicion
that you have been or are about to be involved in a crime.
When you are detained by police and unable
to freely leave or walk away, you have been seized, and
if the police possess probable cause to believe that you
have been involved in criminal activity or have committed
a crime, they can arrest you. If you are detained
on suspicion of committing a criminal offense, or arrested
for a criminal offense, it is important to invoke your
Constitutional right to remain silent - DO NOT ANSWER ANY
QUESTIONS! REQUEST TO SPEAK WITH AN ATTORNEY! Once
arrested, and before police attempt to question you, you
have a Constitutional guarantee entitling you to be warned
of your Miranda rights! Any statements you
make to police at this critical time can be used against
you! If you request to speak with an attorney, all
questioning by the police must stop.
Anything you tell your attorney is held in
strict confidence! An attorney cannot effectively
act on your behalf or properly defend you if you do not
make them fully aware of the facts surrounding your case. The
attorney-client privilege forms a confidential relationship
that encourages a person accused of a crime to be truthful
with his or her attorney and to follow their legal advice. You can
freely and openly disclose information to your attorney
without fear that information will be disclosed to others
or used against you!
BAIL/BOND
After arrest and processing by the police,
you will be taken before a District Court Commissioner,
or if charged federally, a United States Magistrate Judge
who will determine whether to release you on your signature
or set a monetary bond to assure your appearance in court. Being
released on your signature is referred to as “personal
recognizance”. If a monetary bond is set,
you will be required to either post that money to the
court in the amount required, or you can retain the services
of a bondsman. A bondsman posts his money with
the court and charges you a non-refundable fee to do
so. You may also post with the court real estate
property as collateral for a bond.
If you are not initially released on your
signature and unable to post bond, you will be detained
in custody at a local detention center. You are
entitled to a bond review hearing before a judge within
24 hours of your detention, or the next business day. We
will represent you at that hearing and attempt to have
your bond reduced, have you released under the supervision
of pre-trial services pending trial, or have you placed
on home detention pending trial.
TRIAL COURTS
Maryland has a two-tier trial court system. The
lower court is the District Court of Maryland which has
one or more locations in each county. Your case
will be tried in the District Court of Maryland if you
have been charged with a misdemeanor or certain felony
charges. A misdemeanor is a lessor criminal offense
that can be punishable by a fine, and/or one year or
less in jail. A felony is a major crime, carrying
a penalty of incarceration of one year or more and fines. If
you have been charged in the District Court and are subject
to a penalty of incarceration, you have the right to
request a jury trial and have your case heard in the
Circuit Court.
Each county has a Circuit Court where criminal
felony charges are tried. You may have been charged
with a felony in the District Court, but the trial can
only be heard in the Circuit Court of the county in which
you were charged. In those instances, your case
will be forwarded to the Circuit Court by the prosecutor
or by Grand Jury indictment.
If you are charged with an offense that
occurred on federal property, and your case is a misdemeanor,
it will be heard by a United States Magistrate Judge. Only
a judge of the United States District Court can preside
at federal felony and jury trials.
JUVENILE COURTS
A juvenile is a person under the age of
18 years. With certain exceptions, Maryland does
not prosecute juvenile offenders for their delinquent
acts in our adult criminal justice system. These
cases can be decided during an informal hearing at the
Department of Juvenile Justice, or forwarded to a juvenile
court for a formal hearing. Formal hearings are
held before a juvenile Master, not a judge. Police
and court records concerning juvenile offenders are confidential
and not open to public view.
The commission of certain delinquent acts,
relatively minor offenses, will be handled by our Department
of Juvenile Justice at an informal adjustment hearing
if it is believed that the best interests of the public
and the child will be served by doing so. Other
delinquent acts are forwarded for a formal adjudicatory
hearing before a Master by way of petition filed by the
Office of the State’s Attorney.
If a juvenile who is at least 14 years
old commits an act that if committed by an adult would
be punishable by death or life imprisonment, they will
be charged and tried as an adult. If a juvenile
who is at least 16 years old commits the crime of abduction,
kidnapping, second degree murder or attempted second
degree murder, manslaughter, second degree rape or attempted
second degree rape, robbery or attempted robbery, a second
or third degree sex offense or an attempted second or
third degree sex offense, certain firearms offenses,
carjacking, or first degree assault, they will be charged
and tried as an adult.
Juveniles who are repeat offenders or have
been charged with committing a serious delinquent act,
may be taken into custody and held in a juvenile facility
pending a hearing if the court believes the child needs
protection, others need protection from the child, or
the child is likely to leave the court’s jurisdiction. That
detention may be continued after an adjudicatory hearing
and a finding of delinquency by a juvenile Master
A juvenile accused of a delinquent act
is entitled to the same Constitutional protections as
an adult offender. They have the right to remain
silent and to request the assistance of an attorney! If
a juvenile makes an admission or confesses to a crime
after being advised of his right under Miranda,
that admission or confession may be admitted against
him at trial.
To prove a child has committed a delinquent
act, the Master must determine whether the allegations
have been proven beyond a reasonable doubt. The
rules of evidence applied in an adult court are applicable
in a juvenile proceeding, and a juvenile has the right
to a speedy trial. They are also afforded the right
to appeal a Master’s adverse determination.
Parents and/or guardians can be held liable
to pay restitution for damages caused by their child’s
delinquent acts.
If you are the parent or guardian of a
juvenile accused of a delinquent act, it is imperative
that you consult an attorney immediately to avoid that
child being improperly detained in custody or wrongfully
interrogated by police. There are also times when
we as parents and/or guardians have lost control of our
children and the ability to control their acts. The
juvenile justice system is there to help a child in need
of assistance, but your rights as a parent or guardian
and the rights of that child need protection.
We possess the legal skills and knowledge
you need when your child has been accused of a delinquent
act or is in need of assistance.
APPEALS
Our firm is experienced in handling criminal
appeals, successfully arguing for our clients in Maryland’s
Court of Special Appeals and Court of Appeals. In
several cases we have made precedent setting law in our
state. Our extensive experience enables us to recognize
errors made by judges at trial, and preserve those errors
with objection for appellate purposes.
If you were represented by other counsel
at trial and believe a judge or your attorney committed
errors, we can review the transcripts of your trial to
determine if you have grounds for appeal. We are
experienced appellate attorneys, possessing the legal
knowledge and skills you require to present an effective
appeal.
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VIOLATIONS OF PROBATION
If you are serving a period of probation,
and do not follow the conditions imposed by a judge at
sentencing, your probation can be revoked and any outstanding
sentence of incarceration imposed. (A judge cannot
increase a period of incarceration because you violated
probation.) In many instances you can avoid incarceration
after violating probation with the guidance and assistance
of an attorney. We will file motions contesting
urine test results indicating drug or alcohol use. We
will assist you in entering drug or alcohol counseling,
an inpatient program, or a long-term residential treatment
program. We will speak with your supervising probation
officer in an attempt to persuade him or her to continue
your supervision under certain conditions rather than
requesting that the judge impose incarceration. We
will effectively present you and your defense to the
court, arguing for continued probation, not incarceration. Our
efforts and legal skills can make a difference in the
outcome of your violation hearing!
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EXPUNGEMENTS & PARDONS
If you’ve had a criminal charge dismissed
or placed on an inactive court docket, or if you were given
a Probation Before Judgement (PBJ) disposition, or found
not guilty by a court, you are entitled under Maryland
law to have all evidence of that offense expunged from
the public view records of the law enforcement agency,
the court and any other agency that entered information
into their records as a result of that offense. If
you do not apply for expungement, these cases remain of
record within the criminal justice system, open to public
view.
If you have been convicted of a criminal
offense, our Governor has the authority to grant a full
pardon of that conviction, or grant a partial or conditional
pardon after considering a completed application. After
a period of time, that pardon may also be eligible for
expungement.
Our firm can assist you in filing your petition
for expungement or application for pardon. We handle
the “red tape” and assist you in completing
the required forms. We ensure that the forms and
applications are properly completed and obtain the required
information that you may not have access to or are unable
to obtain. We follow your petition/application through
the entire process to completion, getting the result you
need.
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FORFEITURE
Forfeiture proceedings are civil in nature,
not criminal. Your motor vehicle, boat, cash
and other personal property can be seized if police lawfully
discover drugs within a vehicle or on your person while
occupying that vehicle, or if you or a passenger were observed
using drugs or selling drugs from the vehicle. Your
money can be seized if police believe it is traceable to
drug proceeds or it was found while drugs were in your
possession. Drugs and cash found in your home during
a lawful search can also be seized for forfeiture. Even
your home is at risk of forfeiture proceedings in certain
circumstances.
A forfeiting authority must file a complaint
for forfeiture of your vehicle, cash or property within
specific time limits. If they do not adhere to those
limits, the items seized must be returned to your possession. If
a complaint for forfeiture is filed timely, you must answer
that complaint within specific time limits or you forfeit
ownership of the vehicle, cash or property.
Without the assistance of an attorney, you
risk having your car, cash or property forfeited to the
state or federal government. Asset seizure and forfeiture
proceedings are complicated. Innocent owners who
loaned their cars to friends or allowed their children
use of their vehicles can be wrongfully deprived of their
property. You can lose your hard-earned cash.
We will review the facts surrounding your
seizure and contest all actions for forfeiture. In
most cases, we can have your property returned to you before
forfeiture proceedings are filed. Our legal knowledge,
skills and expertise are what you need to avoid having
your money, car and other property forfeited.
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