When Do I Have The Right To An Attorney In Baltimore?
Understanding Your Right to an Attorney in Baltimore Criminal Cases
When Do I Have The Right To An Attorney In Baltimore? When facing criminal charges, every Baltimore arrestee has the fundamental right to legal representation at all key points in the criminal justice process. Attorney Eric T. Kirk, a veteran Baltimore criminal defense attorney, highlights below the importance of knowing and exercising this right to ensure a fair defense.
What are the Critical Stages of any Baltimore Criminal Prosecution?
The right to legal counsel applies to all pivotal moments in a criminal case. These include:
- Arraignment: The arraignment, historically, is a formal court proceeding where the charges against the accused are read. During this stage, defendants are required to enter a plea, such as guilty, not guilty, or no contest. COVID19, and changes in technology have altered the importance of arraignments, and in some jurisdictions, they are no longer frequently held. These changes, however, have not altered the importance of having a seasoned Baltimore defense lawyer on your case.
- Motion Hearings: Before trial, motion hearings often address substantive legal matters, such as evidence admissibility, suppression requests, or other critical determinations that could shape the case. An experienced Baltimore defense attorney is essential here to argue on the client’s behalf, challenge weak prosecution tactics, and protect the defendant’s rights.
- Trial and Appeal: During trial, an attorney presents evidence, cross-examines witnesses, and ensures the defendant’s case is heard, argued and decided. If a conviction occurs, the right to counsel extends to the appeals process, allowing for a thorough review of any legal errors or issues.
Legal Representation During a Baltimore Custodial Interrogation
Another significant moment when legal representation is critical is during custodial interrogations. These occur when a person is questioned by police in circumstances where they feel unable to leave, even if they haven’t been formally arrested. The line here is not always clear. My standard advice is to not make any statements. Without an attorney, individuals risk making statements that may be used against them in court.
Conclusion
It perhaps goes without saying, if you’ve been accused of a crime in Baltimore, it’s vital to have an attorney by your side at every stage of the process, whether that process is labeled as “critical” or not. Consult Eric T. Kirk today for dedicated and experienced legal representation.
Attorney Eric T. Kirk will tell you.
At any critical stage of the proceeding.
Transcript
An accused individual has a right to have an attorney present at all critical stages of a criminal prosecution. Certainly, at an arraignment where their criminal charges are read, at any motion’s hearing where a substantive decision might be made on the case, and certainly at trial or on appeal. The individual also has a right to have an attorney present during what’s called a custodial interrogation. That’s where an individual -whether or not formally arrested -is being questioned by police under circumstances where he or she feels they have no right to leave the interrogation room.
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A Baltimore car accident and personal injury litigator who has taken hundreds of cases to trial in Maryland, New York and Florida, recovering millions over a 30-year mission to obtain denied compensation for his clients.
