ARRESTED? CHARGED? ACCUSED?
The U.S. Constitution grants each of us basic, fundamental protections against police activity and the power of the State: due process the of law; freedom from unreasonable searches; the right to be secure in your person, house, papers, and effects; the right to a speedy and public trial; the right to confront and cross-examine your accusers and to the assistance of counsel for your defense.
If you stand accused of an offense, nothing is more important than you understanding these protections, and ensuring that your rights have not been violated. Many people choose to employ experienced defense counsel to assist them in protecting and safeguarding their rights. If you need counsel and guidance in preparing an effective defense- contact me. CONSULTATIONS ARE ALWAYS FREE.
Drug Related Offenses
Maryland law labels what most people call "drugs" as Controlled and Dangerous Substances. Drugs are usually referred to by the shorthand acronym "CDS". Let's be clear what we are talking about here. Marijuana [bud, ganga, herb], Cocaine [frank, nose candy, white], Crack [rock], Heroin [smack, horse, junk], Methamphetamine [meth, ice, tina, crank], and prescription drugs possessed or sold without a prescription are controlled and dangerous substances. There are others to be sure, but these are at the top of most lists.
These drug offenses come in 5 common varieties: Possession, Possession with Intent, Manufacturing, Distribution, and the weak sister of the group, the possession of "paraphernalia." The names of the crimes are fairly self-explanatory. Possession of CDS is having it on or near you. Possession with Intent is having it on or near you, and there is some other indication you intend to distribute it. Distributing is, generally, selling it, while manufacturing it is, generally, well, making it. Possession of paraphernalia is having something that can be used to get the drug into your body on or near you. Okay, so, there is the basic primer. If Google has brought your here, these concepts are probably not new news.
So, if you've got caught with some, what do you do? You may choose to employ an experienced Baltimore criminal defense lawyer to help you. A knowledgeable Baltimore criminal defense attorney can analyze legal defenses that can result in favorable resolution of your charge. An experienced Baltimore criminal defense attorney can accurately assess the strength of the state's case, and can help you qualify for diversion programs. An experienced Baltimore criminal defense lawyer can give you advice on guidance on extra-judicial steps you can take that may lessen the severity of any sanction you may receive. A knowledgeable Baltimore criminal defense lawyer can give you guidance on what the maximum penalty is, and how a particular judge typically views similar cases.
Assault
Second degree assault may be the most commonly charged crime in Baltimore. It's the darling of prosecutors and police because it is so easy to prove. Putting someone in fear of physical contact or attempting unwanted contact can be used to show an "assault" of the second degree occurred. No contact is necessary. No physical harm is necessary. The accused must have had the ability to carry through with the threat, and the "victim" must actually, and reasonably, have been scared. There you have it. Second degree assault. Very basic, very common, very easy for the State to make a case, and very probably, the most overcharged and inappropriately charged crime in Baltimore. First degree assault is a different animal usually involving the use of a weapon, and/or the actual or attempted infliction of significant bodily injury on another.
Serious Traffic- Driving While Suspended/Revoked
One's driver's license can be suspended for a variety of reasons: they did not pay child support; they did not appear for court, or did not pay court ordered fines; they were convicted of DWI/DUI, or refused to take a breath test; they accumulated too many points. The bad news is that one can go to jail for driving on a suspended license, which is why this information is listed under the heading 'Serious Traffic'. Ask anyone who has been there- jail is serious. If you're facing a "serious" traffic charge, particularly where you've had some legal troubles before, you may choose to employ an experienced Baltimore criminal defense attorney to help you. An experienced Baltimore criminal defense lawyer can give you advice and guidance on extra-judicial steps you can take that may lessen any penalty, and can give you an informed opinion on how a particular judge typically views similar cases. A knowledgeable Baltimore criminal defense attorney is aware of caselaw and other precedent that can be used to assist your defense. An experienced Baltimore criminal defense lawyer can accurately assess the strength of the state's case, and the state's ability to prove its case at trial.