Legal Assistance After Being Charged With A Crime
If you are accused of a crime in Maryland and conviction includes the possibility of prison time, the court must allow you the opportunity to retain legal representation from our MD criminal offenses attorney. Depending on your financial circumstances, you may qualify for a court-appointed public defender; otherwise, your choices are representing yourself (which has a low success rate) or hiring your own private criminal offenses attorney in Maryland. Contact The Law Firm of Frederick J. Brynn, P.C. today to schedule a consultation.
Our attorneys use their more than 75 years of combined experience to help you after a serious injury in an accident caused by negligence, an arrest for a serious criminal offense, or DUI charges that could endanger your driving privileges.
Our many satisfied clients have appreciated our firm-wide dedication to in-depth investigation, thorough case preparation, responsiveness to your goals, and the proven ability to negotiate or litigate positive outcomes. Our demonstrated talents are exceeded only by our commitment to one-on-one personal service during every phase of the legal process. Don’t hesitate to reach out when you need legal help.
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The Criminal Trial Process
When a person is arrested and charged with a crime in Maryland, the whole experience produces anxiety and uncertainty, especially if a conviction could mean possible jail time. It is important, however, for anyone facing criminal charges to understand all of their legal options, including building a strong defense against the charges. This is where a Maryland criminal offenses attorney can use their skill and expertise in the criminal justice system.
While pleading guilty or taking the first plea deal offer the prosecution makes may feel like the easiest and best way out, it is important to discuss with your attorney just what type of defense can be made against the crime you have been charged with and what the chances of an acquittal may be. If your attorney recommends going to trial, knowing what to expect can help make the whole process less intimidating.
The first phase of a criminal trial begins with the jury trial. This is where a pool of potential jurors will be asked a series of questions by both the prosecutor and your MD criminal offense attorney. These questions will help determine if an individual will be able to render a fair and impartial verdict.
Once a jury has been seated, then each side will give their opening statements. After this has been completed, both sides will present their case by calling witnesses and presenting evidence. The prosecution will present their case first. When the prosecutor is done questioning their witness, the defense has the option of cross-examination. When the prosecutor has “rested” their case, the defense will then present their witnesses and evidence. The prosecutor also is able to cross-examine each of the defense witnesses.
Once all the witnesses have been questioned and all the evidence presented, each side will then give their closing arguments, pointing out how they have proven their case or disprove the other side’s case.
After closing arguments, the judge will give the jury instructions, including the legal standards that need to be met in order to find the defendant guilty. The jury will then begin deliberations. Before deliberations begin, they will pick a jury foreperson. That person is usually the one who is in charge of any communication – such as questions the jury may have – that need to be sent to the judge. At some point, the jury will take a final vote. In order for a verdict to be valid, the jury must reach a unanimous decision of either the defendant’s guilt or innocence.
Common Myths About The Legal Process
If you or someone you care about gets arrested, charged, and faces trial, you may encounter many myths concerning the criminal justice process. You may hear unhelpful advice or even inaccurate information. You need to know the truth about modern law. Here are five myths about today’s legal process.
The arresting officer did not read your rights to you, so the case will automatically be dismissed.
This myth is based on television programs starting with “Dragnet.” Miranda Rights, created in 1966 and based on a Supreme Court ruling, are only applicable in custodial cases where a person is being held in custody and interviewed by police. Getting arrested does not automatically activate a legal requirement for the Miranda warning. This warning lets a suspect know they have a legal right to stay silent and acquire a lawyer to work on their behalf.
Wait to ask for a plea deal on the day of trial, when it will become more generous.
This idea is not true in most cases. The best time to submit a plea offer is at the final case review. This is after the first case review and about one week before the trial takes place. Our MD criminal offenses attorney understands that after the final case review, prosecutors are responsible for finding witnesses and issuing subpoenas. They are less likely to negotiate a plea offer at this stage. In addition, there is a policy that does not allow for pleas lowering offenses to be made on the trial day.
The victim is sure to drop charges, so the case will have to be dismissed.
This idea is prevalent in domestic assault cases. However, this myth does not take into account that the victim neither presses charges nor decides if the case moves forward or not. The Attorney General presses charges, and the prosecutor decides whether or not a case progresses, even if the victim backs away from it. We understand the nuances of the law and will offer helpful advice as well as work to prepare a defense.
Go to trial, and do an appeal if you lose.
An appeal is a petition to a higher court, usually a state supreme court. It is not a new, fresh trial. When appeals are taken, only about 5% lead to new trials for defendants. Should you get an appeal, higher courts do not dismiss cases. They hear them again. The best choice is to hire a criminal attorney right away, and do not refuse to take a plea in favor of going to trial.
A co-defendant is pleading guilty, so your charges will be dismissed.
This idea is often encountered in gun and drug cases where possession is in question. However, possession may be considered joint, even if a co-defendant claims to own the firearms or substances. You may still be considered as having “knowing possession,” and only a jury can decide this during the trial.
Steps To Take If You Have Been Charged With A Felony
- Don’t Talk to the Police
The Fifth Amendment guarantees you the right to refuse to incriminate yourself. You should exercise this right if you have been charged with a felony. If the police attempt to question you, politely inform them that you will not answer any questions without the presence of a criminal offenses attorney.
- Call Your Lawyer Right Away
Contact your lawyer as soon as you are allowed to make a phone call. The prosecutor knows a lot more about how the law works than you do and may attempt to use that knowledge to talk you into doing something that is not in your best interest. Securing a lawyer early in the process helps ensure a level playing field. Your attorney can also help you understand your legal rights and what you should avoid doing that could jeopardize your case.
- Consult With An Attorney Before You Post Bail
Because no one wants to spend any more time in jail than they have to, defendants’ families often post bail immediately. However, this may not be a good idea in a felony case. If you wait until after we’ve had a chance to review your case, your attorney may be able to advise you about whether your bail amount may be raised or lowered at the arraignment, you may be released without having to pay bail or your charges may be dropped.
- Write Down A List of Witnesses
People who are accused of crimes are often viewed as unreliable witnesses. If you can find anyone who can back up your story in court, it increases your chance of being believed by the judge and jury. Write down the names of anyone you believe witnessed the alleged crime as soon as you can. Your attorney can contact these witnesses to determine if their testimony may be useful in court. You should also make a list of any people who can testify to your good character. This may help convince the judge or jury that you are not the sort of person who would commit the crime you are accused of.
- Avoid Talking To People About Your Arrest
Any conversations you have with Frederick J. Brynn, P.C. attorneys are protected from being used against you in court. However, conversations you have with anyone else are not.
MD Criminal Offenses Infographic
Criminal Offenses Statistics
According to statistics from the Bureau of Justice Statistics, there are an estimated 10 million arrests in the United States each year.
- The most common type of arrest is for a drug offense.
- The second most common type of arrest is for a property crime.
- The third most common type of arrest is for a violent crime.
- The majority of arrests are made by local police departments.
If you have been charged with a crime, make sure you consult with a criminal defense lawyer to find out what legal options you may have.
FAQs
When you are facing criminal offense charges, you may have many questions and you may not be sure of where you can find a safe place to answer them. When you choose to call us and work with a member of our team as your criminal offense attorney, we will be here to guide you through your charges and answer any questions you may have. Are you interested in learning more about what a criminal offenses attorney can do for your case? Don’t hesitate to reach out to us. We care about getting you the help you need for a fair trial.
What are the differences between a felony and a misdemeanor?
In the criminal justice system, getting slapped with a misdemeanor charge is less serious than a felony charge. Typically, felony convictions mean you will spend a longer period of time in jail, you may have higher fines, and it will look worse when someone does a background check on you.
Is probation the same as parole?
These are not the same. Typically, if a judge offers you probation, this will be instead of going to prison. A judge may give you certain terms that you need to follow and in return, you will not go to jail. Parole, on the other hand, happens when a person is already in jail. While you may have been convicted of a crime and sent to jail, a judge may say that you can finish your time outside of jail and follow certain rules.
What are the next steps after hiring an attorney?
After you have found a criminal offenses attorney in Maryland, they will help guide you through the next steps. They may wish to examine the evidence that is already being brought against you, whether speaking with the police is the right move, or whether they need to conduct further investigations.
Should I hire an attorney if I have been wrongfully accused of a crime?
Many people fall into the trap of not hiring an attorney when they are being accused of a crime. Just because no charges have been filed yet does not mean you are in the clear. When something this serious happens, you want to protect yourself as much as possible and that means working with an attorney as quickly as you can. They can help you avoid interviews that could be damaging to your testimony and they can begin preparing your case so that you are not taken by surprise.
What should I do if I’ve been arrested?
Don’t say anything at all until you have spoken with your defense attorney. Your speech can be used against you as evidence of guilt, so it’s important not to talk about what happened prior to speaking with one. In fact, use this time by planning out any questions for him or her before meeting face-to-face. Being prepared can make the difference between a successful case and a difficult one.
Will my criminal offenses attorney be able to keep me from going to jail?
That depends on the severity of the charge, your prior criminal record, and other factors. Generally speaking, though, most criminal offenses attorneys will do everything they can to help you avoid jail time. However, it’s important to remember that no guarantees can ever be made in these situations.
What is the difference between a misdemeanor and a felony?
Misdemeanors are less serious crimes punishable by up to one year in prison or a fine of $5000. Felonies, on the other hand, are more serious crimes punishable by over one year in prison or a large monetary fine. Some felonies also carry the possibility of life imprisonment.
Can a criminal offenses attorney help me if I’ve been accused of domestic violence?
Yes, your MD criminal offenses attorney should be able to help you with this type of charge. Domestic cases are especially complicated and require close attention so that mistakes are not made which could cause more problems for you down the road. A quality attorney will have experience in handling these types of situations, so he or she can ensure your rights aren’t violated and guide you through every step of the process from start (arrest) to finish (appeal).
What is probation?
Probation is when an offender serves time outside the prison as long as they obey certain rules established by their judge such as regularly checking in with his/her court officer, abstaining from drugs and alcohol, and/or attending counseling. If the person on probation violates any of these rules, they may be sent back to prison to serve the remainder of their sentence.
My loved one has been arrested – what should I do?
The best thing you can do is remain calm and start gathering information. This includes finding a criminal offenses attorney for your loved one, as well as doing some research into the arrest itself (was there a warrant?). You’ll also want to begin compiling any evidence that could be helpful in court. Remember: the sooner you take action, the better chance you have of getting your loved one released from jail or reducing their charges.
Contact Our Team Today
A criminal offenses attorney is a professional who represents you in court if you are arrested or charged with a crime. A quality criminal offenses attorney will help speed up the process and ensure that your rights are protected, which means they may be able to get charges reduced or even dismissed.
If you are facing criminal charges, it’s important to have an experienced defense attorney on your side. We have years of experience defending clients against all types of criminal offenses, from DUI to murder and will work tirelessly to get the best possible outcome for your case. Contact the Law Firm of Frederick J. Brynn, P.C today to schedule your free consultation.