• Understanding Plea Deals in Criminal Cases

    If you’ve been arrested for a criminal offense, such as drug charges, and you live in Annapolis, there is no guarantee that your case will go to trial. If the prosecutor thinks that his or her evidence against you is weak, then there is a possibility that the charges will not be pursued. Even if the prosecutor does pursue your case, your criminal lawyer might raise the possibility of plea bargaining. A plea deal isn’t right for every defendant. You’ll need to carefully consider this option with the help of your criminal lawyer.

    Definition of Plea Bargaining

    Plea bargaining is a way for a criminal case to be resolved without the need for a criminal trial. A plea deal requires that both the prosecutor and the defendant arrive at an agreement. In this agreement, the defendant enters a guilty plea with the criminal court system.

    Benefits of Plea Deals

    It might seem disadvantageous for a defendant to enter a guilty plea without being represented at a trial, but there are certain benefits to this arrangement. Usually, plea deals involve the defendants pleading guilty to lesser charges that carry lighter sentences. For example, the defendant might plead guilty to driving while under the influence (DUI) instead of aggravated DUI. Alternatively, a defendant might plead guilty to the original charge with the understanding that the prosecutor will recommend a light sentence to the judge. The main benefit of plea deals for defendants is that it’s possible they will receive less time behind bars or an otherwise less severe legal punishment. Some defendants prefer plea deals because the outcome of a trial is uncertain and it’s possible that should a trial result in a conviction, the defendant would face harsher penalties. Additionally, criminal trials can bring unwanted publicity for the defendant.

    Drawbacks of Plea Deals

    If you’re considering accepting a plea deal, it’s important that you fully understand the potential drawbacks. The prosecutor may promise to recommend a light sentence, but you should know that the judge isn’t bound by these recommendations. If you plead guilty, the judge could still decide to sentence you to the maximum allowed penalty. Additionally, there is always a chance that a trial would result in an acquittal. Before making your decision, carefully discuss this matter with your criminal lawyer.

    Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.

  • Are You Obligated to Take a Field Sobriety Test?

    If a police officer pulls you over on suspicion of traffic violations, he or she may request that you step out of the car and perform field sobriety tests. These tests include tasks such as walking heel-to-toe in a straight line. They are intended to provide further probable cause for police officers to arrest you and charge you with DUI or aggravated DUI in the Annapolis area. Unfortunately, it’s entirely possible for people who are not intoxicated to fail these tests, particularly when it’s nighttime and the individual is disoriented from having been pulled over.

    As you’ll learn when you watch this video, field sobriety tests are not the same as chemical tests. Unlike chemical tests, it is not mandatory for a person to submit to field sobriety tests in Maryland. If you could be facing DUI or aggravated DUI charges, you have the right to request to be taken in for a chemical test instead. You also have the right to call a criminal lawyer if you are arrested.

    Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.

  • A Closer Look at Drug Manufacturing Charges

    Drug charges are taken very seriously in state and federal courts. Illegal drug manufacturing in particular can lead to a lengthy term behind bars compared to simple possession charges. If you’ve been arrested on drug charges near Annapolis, it’s in your best interests to contact a criminal lawyer as soon as possible. Your lawyer will explain how the law applies to your case and what the potential legal penalties are if you’re convicted.

    Criminal Codes

    Drug manufacturing charges are covered under Maryland criminal code section 5-603 . This statute explains that in the state, it is illegal for a person to manufacture a controlled dangerous substance. It is also illegal for a person to possess, manufacture, or distribute any piece of equipment, machinery, or instrumentation that can be used or adapted to manufacture a controlled dangerous substance. A person can be convicted if he or she is determined to have dealt with this sort of equipment in circumstances that would cause someone to reasonably believe that the defendant had the intent to use the equipment to produce, sell, or dispense a controlled dangerous substance.

    Drug manufactoring - Legal information

    Potential Penalties

    Drug manufacturing charges are typically prosecuted as felonies, compared to the misdemeanor charges that are typical of simple possession cases. Your criminal lawyer will let you know what the specific penalties are for your case. Depending on the exact charges, you could be facing up to five years in prison and a fine of up to $15,000. For a second offense, you could face a mandatory minimum of two years behind bars without the possibility of parole. Other related felony charges could result in up to 20 years in prison and a fine of up to $25,000. Repeat offenders can be sentenced to no fewer than 10 years in prison and a fine of up to $100,000.

    Defense Strategies

    Defending from a charge of drug manufacturing is often more complicated than developing defense strategies for a possession charge. However, there may be ways of mitigating the circumstances. It might be possible to argue that the manufacture of the drugs was for personal use only, rather than for sale or distribution. If the defendant was found with the ingredients for drug manufacturing, but no finished product, then it may be possible to argue that the ingredients were intended for legitimate purposes.

    Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.

  • Dealing with Police Searches at Traffic Stops

    police search annapolis, traffic violations annapolis In most cases, when a driver is pulled over for traffic violations, he or she is given a citation or a warning and is let go without further incident. However, sometimes police officers may suspect that the driver is violating additional laws, such as those that may lead to drug charges. This may lead an officer to request a search of the vehicle . When this happens, the driver may get into further legal trouble and require the assistance of a criminal defense attorney in Annapolis.

    You can watch this brief video for an overview on search and seizure laws. It explains Fourth Amendment rights through the eyes of Daryl, a young driver who has been pulled over for traffic violations and is asked to exit his vehicle. When he makes the mistake of leaving his car door open, the police officer asks Daryl if he has any drugs and if he minds if the officer takes a look. As soon as Daryl says “No,” he gives up his Fourth Amendment rights, even though it may not be clear to him whether he is answering the first or second question.

    Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.

  • Fighting Back Against CDL Violations

    Traffic violations are particularly serious for commercial drivers, who rely on their licenses to earn a living. Unfortunately, CDL violations are also taken seriously in the eyes of the law, since negligently or recklessly handling a big rig can have much more disastrous consequences than the same errors committed with a passenger vehicle. Traffic violations for commercial drivers may include following too closely, speeding, making improper lane changes, and operating the vehicle while impaired by drugs or alcohol. If you’ve been accused of any type of CDL violation, you need the legal advocacy services of a seasoned criminal attorney in Annapolis.

    Some commercial drivers may be tempted to simply plead guilty, pay a fine, and try to move on with their lives. But doing so can have significant consequences down the road, since points may be assessed on the license. An experienced traffic lawyer can represent you in court and argue for the traffic violations to be dropped or reduced.

    Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.

  • Building a Productive Working Relationship with Your Defense Attorney

    attorney, defense, client, lawyer Criminal lawyers understand that being charged with a crime is a highly stressful event. That said, your criminal lawyer is still likely to have several expectations with regard to your working relationship with him or her. First and foremost, it is of the utmost importance to be completely honest; a criminal defense attorney in Annapolis can only defend you properly if he or she knows all of the facts of the case. If you’re ever unsure of how you can best assist your criminal lawyer with your defense, you should feel free to ask him or her.

    Follow Your Attorney’s Advice

    An experienced criminal defense attorney has an in-depth knowledge of the legal justice system, the local courts, and the prosecutor assigned to your case. Your lawyer will advise you to the best of his or her ability, but this will only help you if you follow this advice. Your attorney will ask that you avoid discussing the case with anyone else, including family members, and that you avoid contacting the alleged victim in the case. Attempting to tell your side of the story to anyone but your lawyer is only likely to compromise your defense.

    Provide a Complete Account

    Defense attorneys are often blindsided by facts of the case that suddenly come to light and that may compromise the defense strategy. During your early meetings with your defense attorney, he or she will need to know all of the facts that are relevant to the alleged incident, even if you think they may reflect poorly on you.

    Remain Available

    Criminal proceedings can take a while to resolve. Throughout the process, it’s important that you remain available to your criminal defense attorney. If your contact information changes, call the law firm and update your file.

    Act with Courtesy

    A strong working relationship always requires acting with courtesy. If you feel that your lawyer is not serving your best interests, it is your right to hire a different attorney. However, be aware that your lawyer truly is working in your best interests. Acting with courtesy also applies to the courtroom. Your lawyer will advise you to avoid speaking unless instructed to do so and to address the judge as “Your Honor.”

    Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.

  • Planning Your Criminal Defense After Drug Charges

    drugs lawyer, criminal defense lawyer, criminal attorney, criminal defense annapolis Drug laws in Annapolis and throughout Maryland provide for particularly harsh legal penalties. If you’ve been arrested on drug charges, you need to contact a criminal lawyer as soon as possible. Even if it seems that the prosecution has solid evidence against you, a skilled criminal defense attorney may be able to develop a strong case in your defense. There are several strategies that your lawyer may use to discredit the prosecutor’s evidence.

    Medical Necessity

    If you have a valid prescription for a controlled substance, it is unlikely that the prosecutor will pursue drug charges against you. Some individuals make the mistake of carrying legally prescribed controlled substances in their pockets, rather than in the original pharmacy container. This may lead to drug charges. However, a criminal lawyer should be able to get the charges dismissed once you can produce your legal prescription, provided that the prosecutor does not have evidence that you attempted to unlawfully sell your legally obtained drugs.

    Alibi

    It is the job of the prosecutor to prove violations of drug laws beyond a reasonable doubt. Your criminal defense attorney may use the specifics of your arrest to demonstrate that your guilt cannot be proven beyond a reasonable doubt. For example, if you are charged with possession and you were arrested while in the presence of other individuals, your defense attorney may argue that there is no proof that the drugs were yours and not someone else’s property.

    Legal Rights Violations

    Another defense strategy your lawyer may use involves violations of legal rights. Under the Fourth Amendment of the U.S. Constitution, citizens are protected from unreasonable searches and seizures. You should fully disclose the circumstances of your arrest to your attorney, including whether you gave permission for a search. If you did not give your permission, the officers did not have a search warrant, and the drugs were not in plain view, then your legal rights may have been violated.

    Procedural Errors

    In addition to legal rights violations, your criminal defense attorney may bring up procedural errors that can jeopardize the prosecutor’s case against you. These might include the failure to conduct a chemical analysis of the substance you were allegedly found with. If you were found with a bag of white powder, cops will automatically assume that it is a drug. However, the substance may actually be crushed eggshells used in a religious ritual. A laboratory analysis could lead to dropped drug charges.

    Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.

  • A Look at Defense Strategies in Criminal Cases

    criminal case, criminal law, defense strategies, law office When it comes to defending individuals who have been charged with crimes , an experienced criminal lawyer near Annapolis can help. A criminal defense attorney must know the court system and relevant state traffic and criminal laws. When you look for a criminal lawyer, make sure he or she devotes a significant part of the practice to criminal defense, so you know you are getting the best legal strategy. Keep reading to learn more about how defense strategies involve solid evidence, a good explanation, and sufficient preparation.

    Solid Evidence

    To stage a defense, a criminal lawyer first examines the evidence. As any criminal defense attorney knows, not all evidence is good evidence. Still, a good criminal attorney is able to carefully select the strongest evidence that weighs in his client’s favor. For example, even a client who has not broken any drug laws will run into problems if he or she was on the scene when a drug crime was committed. However, being present for a crime is only circumstantial evidence—a criminal lawyer will point out that the prosecution needs more to sway a jury.

    Good Explanation

    If you have been charged with a crime, the prosecution probably has some evidence connecting you to the misdeed. The next part of your criminal defense strategy involves having a good explanation. Whether you are facing drug charges or have been charged with a violent crime, you and your criminal lawyer will need to work together to explain either why you could not have committed the crime or why your actions were legally justified. For example, in cases of self-defense, some offenses may be legally justifiable.

    Sufficient Preparation

    The final part of strategizing with your criminal defense attorney involves preparing your case. Remember, your criminal lawyer is your advocate. That means he or she can help prepare your case for a jury, keeping in mind how best to attack the evidence presented by the prosecution and how best to present any evidence in your favor. Preparation may include exhibits and illustrations, witness testimony, or in some cases your own testimony. Your attorney can help you decide whether you should testify or not, and if you do, your attorney can help prepare you for being on the witness stand.

  • What to Do If You Are Charged with Domestic Violence

    domestic violence, criminal defense attorneys Domestic violence, or any violent crime against a spouse, child, or significant other, is a serious criminal offense. Unfortunately, criminal defense attorneys near Annapolis are all too familiar with cases in which a defendant is falsely accused of domestic violence. If you have been charged with this criminal offense, you need a defense lawyer who is experienced in handling these tough cases. Here is how you should proceed after being charged:

    Contact an Attorney

    Many people who are falsely accused of crimes believe that the other party can be reasoned with. Sadly, even if the wrongful accuser can be persuaded to tell the truth, a district attorney can prosecute the case with or without the alleged victim’s testimony. Only an attorney can make sure your rights are protected throughout the process. Your first step after being charged with domestic violence should always be to contact a criminal defense lawyer who is familiar with the laws and courts of your state.

    Consult with Family Members

    After being falsely accused, it is vital to speak to family members. While you may initially feel embarrassed to discuss personal details of your relationship, your significant other has most likely already begun to spread falsehoods about you. If your friends and family hear from her and you do not defend yourself, they may end up as witnesses for the prosecution. By keeping your loved ones informed about your side of the story, they will be more likely to believe you and offer their support.

    Protect Your Valuables

    Finally, make sure to secure all your valuable items, including cell phones and computers and their passwords. A false accuser can may log into your email account or access your phone to send threatening messages to herself, which she can later submit as evidence to the court of your abuse. Accusers can also resort to stealing car titles, birth certificates, or driver’s licenses just to make your life more difficult and distract you from your criminal case. Make sure you have all copies of keys to your home, garage door, vehicle, and mailbox.

  • How a Criminal Defense Attorney Can Appeal Your Case

    criminal law, criminal lawyer, lawyer annapolis, criminal defense annapolis If you have been found guilty of a crime after a jury trial, your criminal defense attorney in Annapolis can appeal the decision. An appeal is a formal request for a case review for legal error, and it’s made to a higher court than the one in which you were convicted. The error may have occurred during the course of the case itself, or during the conviction or sentencing proceedings.

    You do not need to use the same criminal lawyer for your appeal that you used for your initial criminal case. In fact, if you believe that your criminal lawyer was not acting in your best interests or was incompetent, you may hire a new criminal attorney. Each state has deadlines regarding when an appeal can be filed, and further deadlines as to when specific legal documents must be filed and answered.

    No new evidence can be introduced during a criminal appeal, and the judges can only review the record of the proceedings in the lower court. The appeals process is very lengthy, and it can take anywhere from several months to a year or more to be resolved.

    If you appeal your conviction your attorney can try to get your sentence stayed, or put off, during the appeal process. If the appellate court determines that the lower court made a serious error they can reverse the decision of the lower court, or remand your case to the lower court for a new trial.

    Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.