Maryland Criminal Lawyer

Getting Arrested in Maryland

In Maryland, an arrest usually starts with a warrant or, for most misdemeanors, when the officer observes the crime committed in their presence (like for a DUI or reckless driving). Domestic violence and assault cases often originate from a person making a complaint against another and police ultimately obtaining a warrant for that person’s arrest. After getting booked and processed at the station during an arrest, the person arrested will have to go before a Commissioner who will determine whether to release the person.

The Commissioner may release the person on their own recognizance or impose conditions of release. At that point, the case gets forwarded to the State’s Attorney’s Office to decide whether to prosecute them or not. For anyone who gets arrested in Maryland, it’s important to consult with an experienced and qualified Maryland criminal defense lawyer. A Maryland criminal defense lawyer can negotiate with the Assistant State’s Attorney for a plea bargain and/or prepare the case for trial.

There are a range of potential charges in the Maryland Criminal Code including, but not limited to:

Criminal Court in Maryland

In addition, a Maryland criminal defense lawyer can try and negotiate to determine whether the State will offer some form of diversion as a means to resolve the case. Diversion is typically a deal with the State where the defendant agrees to complete conditions in exchange for either the case being set aside, dismissed, or put on an inactive or “Stet” docket. Maryland also has some agreements where the defendant gets something called a probation before judgment or “PBJ.” This type of agreement or sentence puts the defendant on probation before the Court enters the final order or judgment convicting the person. If the defendant successfully completes the probation, then they ultimately do not get convicted.

At trial, the State has the burden to prove their case beyond a reasonable doubt. That means the State must prove every element of the offense beyond a reasonable doubt. Maryland’s court system is two-tiered with a Circuit Court and District Court in each county. These are the trial courts where criminal cases get adjudicated. At the District Court level, if the case proceeds to trial, the trial is what’s called a bench trial. A bench trial is where the judge decides whether the State proved their case. If the defendant makes a jury demand (and the offense is jury demandable), the case gets heard in the Circuit Court. In a jury trial, it’s the 12-person jury who decides what facts occurred in the incident. The judge instructs the jury on what the law is and says. The judge further instructs the jury to apply the facts they believe occurred to the law. That usually involves the jury deciding which witnesses to believe and what evidence to accept.

Hiring a Criminal Defense Attorney

Its important to hire a criminal defense attorney to ensure that your rights are protected. It can be extremely difficult to navigate the criminal justice system. Police officers may have violated your constitutional rights or engaged in outright unlawful behavior in the investigation or arrest process. Prosecutors aggressively pursue charges against individuals and are not likely to just drop charges after someone is arrested.

If you or someone you know has been arrested or is under investigation in the State of Maryland, Anne Arundel, Howard, and Frederick County, contact Scrofano Law PC for full case evaluation. We will defend individuals charged with misdemeanors and felonies with everything we’ve got. We have experience in the District and Circuit Courts defending a wide range of offenses including DUI and traffic offenses, domestic violence, guns, drugs, sex offenses, alcohol-related offenses, violent felonies, and assault cases. You are not alone, and we are standing by ready to help.