Maryland Criminal Defense Legal Questions

Generally speaking, you have the right to have an attorney present for all adversarial hearings against you.  If you can't afford one, one can be appointed by the court to represent you.  That attorney can advise you further going forward. This response is general in nature and is not legal advice.  No attorney client relationship is formed by it.  Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More

The 4th Amendment protects individuals from unreasonable searches and seizures. Warrantless searches are presumed to be unreasonable and in violation of the 4th Amendment. But there are exceptions. One exception occurs when the individual waives his 4th Amendment rights by consenting to a search. In order for a consent to search to be valid, it must be given freely, knowingly and voluntarily. You have the right to challenge the voluntariness of your consent and assert it was coerced and given under duress. The burden will be on the prosecution to show, by a preponderance of evidence, that your consent was unequivocal, specific and freely given, without implied or express duress or coercion. Courts have held that consent that is coerced by threats or force, or granted only in submission to a claim of lawful authority, is not voluntary. Coercion may be explicit or the result of an implied threat or covert force. At a court hearing, the judge will hear testimony, receive evidence and decide whether your consent was valid, based on the totality of the circumstances surrounding the incident. The court will take into account your individual characteristics, as well as the circumstances surrounding the consent and the tactics employed by the police. Typically, these include your age and level of education; whether you were advised of your constitutional rights; whether you were detained before giving consent, and for how long; whether your consent was immediate or prompted by repeated requests; whether there was any physical coercion; and whether you were in custody at the time you gave consent. The Court may also consider whether the officer's statement that they would get a warrant if you refused consent was supported by a reasonable, factual belief that police actually had probable cause to get a search warrant, or whether it was a baseless and pretextual threat. If the police reasonably and genuinely intended to get a warrant if you refused consent, their statement alone may not be enough to invalidate your consent. However, if they knew there was no probable cause for a warrant and knowingly lied to secure your consent, the court might well find your rights had been violated. The judge's decision is essentially a factual one, based on the individual circumstances of your case, as they apply to the above legal principles. I recommend you seek out an experienced criminal defense attorney to whom you can explain the exact sequence of events and statements and actions of the police. He or she will then be in the best position to advise you as to whether the threat to get a warrant if you refused consent to a search, as communicated to you, violated your rights.... Read More

Federal law criminalizes the sale, interstate transport and import or export of drug paraphernalia, but not its possession or use. The federal penalty for selling or offering to sell drug paraphernalia (or using the mails or other means of interstate commerce to transport it, or importing or exporting paraphernalia) is up to three years in prison and a fine. The paraphernalia may also be seized and forfeited. laws also penalize the possession, use and sale of drug paraphernalia, but each state provides its own definition of drug paraphernalia, list of prohibited acts, and penalties. Maryland, where you are from, criminalizes use, possession and sale of drug paraphernalia, as well as advertising it for sale or delivery. In general, drug paraphernalia refers to equipment, product, or material primarily intended or designed for use in the cultivation, manufacture or ingestion of controlled substances. Basically, the law prohibits you from using (or possessing with the intent to use) drug paraphernalia (1) to grow, produce, manufacture, store or conceal a controlled substance or (2) to inject, inhale or otherwise ingest a controlled substance. Maryland designates drug paraphernalia crimes as misdemeanors. The penalty for a first offense is a fine of up to $500 (no jail time.) For subsequent convictions, you can be sentenced to up to 2 years in jail and/or fined up to $2,000. If the paraphernalia is related to marijuana, and you provide evidence that your use of marijuana is a medical necessity, the court must consider it as a mitigating factor. In this event, you cannot be fined more $100.00 for a first offense. If you are over 18 and deliver the paraphernalia to a minor more than 3 years younger than you, you can be found guilty of a separate misdemeanor and imprisoned for up to 8 years and/or fined up to $15,000. The list of items considered to be drug paraphernalia, and the factors to be considered in determining whether the items are used or intended to be used for a prohibited purpose, are extensive. Also, since each state has its own definition of drug paraphernalia, list of prohibited acts and penalties, I recommend contacting a local criminal defense attorney for specific details as to your state or county.... Read More

The purpose of bail is to secure one's appearance at future proceedings, including trial. If you post bond for someone, and they fail to appear in court, your bond will be forfeited. But, if they commit a new crime, the bond likely will be revoked or continued. If continued, it might be in the same or an increased amount. In Maryland, where you are from, if your son violates the conditions of his bail (also called pretrial release), the court will issue a bench warrant for his arrest. When he brought before the court on this warrant, the judge will decide whether to revoke his bond or continue it, with or without additional conditions. The purpose of bail forfeiture is not to punish the surety or enrich the State but rather to assure that the defendant will be found and brought to trial. Bail forfeiture is an incentive to the surety to see that the defendant is present at trial. If your son is taken into custody for new charges, forfeiting your house would not further these goals. Thus, while his bond may be revoked or increased, you should not lose your house.... Read More

It is very important to have the most qualified lawyer possible for charges related to driving under the influence of alcohol or drugs. Due to advances in science and technology, the defense of these cases has become much more specialized than in the past. An attorney experienced in these matters can review the case for defects, including facts that might result in the suppression of evidence. If you took a breath test, he or she can request the state to provide calibration and maintenance records for the breath machine. If you submitted to a blood test, your lawyer can have the blood samples independently analyzed. A skilled lawyer can negotiate for a lesser charge or reduced sentence,where appropriate, or try the case to a judge or jury if that is the better route for you. He or she can retain expert witnesses for trial and contest the suspension of your driver\\\\\\\'s license by the Motor Vehicle Division. The best way to find a good DUI/DWI lawyer is by reputation. I suggest you ask other attorneys in the jurisdiction where you got the ticket to recommend the best local lawyers in this field. You can also go to the local courthouse and ask public defenders who they would hire if they got arrested for drunk driving. Check out the lawyer\\\\\\\'s rating with Martindale-Hubbell, available at no charge on the internet at http://www.martindale.com Martindale is the most reputable attorney reference listing in the country. You can check the listings here at lawyers.com as well. When interviewing lawyers, ask about their experience in drunk driving litigation--it should be extensive. Ask how many such cases they have tried to a jury. If possible, find out from others whether the attorney has a reputation for going to trial in appropriate cases, or is known just for pleading clients out. Legal fees in these cases can vary widely, so make sure the financial terms of representation are clear and in writing. Most lawyers charge additional fees if the case goes to trial rather than ends with a plea-bargain. Some will charge more for the administrative driver\\\\\\\'s license hearing. All will expect you to pay for expert witnesses and other costs such as independent analysis of your breath sample and witness subpoena fees.... Read More

Under the United States Constitution, the President has the authority to grant pardons for all federal offenses except impeachment. Information concerning pardons can be obtained from the Office of the Pardon Attorney for the U.S. Department of Justice at: http://www.usdoj.gov/04foia/readingrooms/opa.htm The Office of the Pardon Attorney receives and reviews petitions for all forms of executive clemency, including pardon, commutation (reduction) of sentence, remission of fine, and reprieve. It also initiates the necessary investigations of clemency requests, and prepares the report and recommendation of the Attorney General to the President on clemency requests. The Office of the Pardon Attorney maintains a clemency case file for each individual who has applied for or been granted clemency. The office also acts as liaison with the public for correspondence and informational inquiries about the clemency process. The office is also the repository of historical records pertaining to the granting of clemency. A copy of the application for a federal pardon is on the internet at: http://www.cjpf.org/clemency/PardonApp.pdf A lot of pardons are granted just before a president leaves office, as they were last week by President Clinton, and by former Presidents Bush, Reagan and Carter before him. Even President George Washington granted pardons. So give it a try, you have only your felony record to lose! ... Read More

Fleeing or eluding police occurs when a police officer gives you a visual or audible signal to stop, whether by hand, voice, emergency light or siren, and you do not obey. In Maryland, it is unlawful for a driver of a vehicle to disobey a police offer's signal to stop if (1) the officer is in uniform and his badge or similar sign of his authority is prominently displayed, or (2) the officer is in a marked police vehicle, regardless of whether is he is in uniform. Similarly, it is unlawful for a person who is neither driving nor in a vehicle to disobey such officer's order to stop, by fleeing on foot or by any other means. For a first offense, the penalty for eluding the police is a fine of not more than $1,000, or imprisonment for not more than 1 year, or both. If bodily injury results to any person during the offense, the penalty is a fine of not more than $5,000, or imprisonment for not more than 3 years, or both. If the offense results in the death of any person, the possible penalty increases to a term of imprisonment up to 10 years, and/or a fine. In addition, twelve points are assessed against the offender's driver's license for eluding or fleeing police. ... Read More