What does it mean to have a bench warrant in Maryland?

A common question we receive from potential clients is: "What is a bench warrant and what do I have to do to make it go away?"

In Maryland, you are made aware of the fact that you have an active bench warrant, that means that the police can arrest you on sight if they stop you and run your name in their system to see that you have an active warrant for your arrest. The most common reason that a bench warrant is issued by a judge is because a defendant has missed a required appearance in court. If you have a court date scheduled for a certain day and you do not appear, as soon as the judge calls your case and sees that you are not present, he/she will sign a bench warrant. This action then enters your name in the sheriff's database for all police officers to see. Therefore, if you are stopped by police for any reason and they run your name in their system, they will automatically see the active warrant and will arrest you. Many people think they can stay out of trouble with the police and choose to risk being arrested by doing nothing about their warrant. We do not recommend that, especially as police officers continue to use more advanced technology, such as the license plate readers that allow officers to scan hundreds of license plates in a minute.

If you have missed a court date and have an active bench warrant, don't just ignore it and risk being arrested. Make sure you hire an attorney as soon as possible and they can draft a motion to quash the warrant to help get you a new court date so that you can resolve your matter in court.

If you have an active arrest warrant in Maryland, call Portner & Shure for a free consultation and let us quash that warrant and help you resolve your matter and put it behind you. (301) 854-9000, (410) 995-1515

Do You Have to Get a New Driver’s License if you Move to a New State?

People often forget that when you move to a new state, you MUST update your driver's license to the new state, or else your other license will be suspended. In Maryland, you have 60 days for a noncommercial driver's license to update to a Maryland license and 30 days for a commercial license. If caught with an out-of-state license past that time period, you will face a suspension on your license.

Sometimes people with out-of-state license with a suspension on their record will move to a new state in an attempt to get a new license without a suspension. When updating to a Maryland license, MVA will not give you a Maryland license until the suspension on your out-of-state license is resolved. In addition, when updating to a Maryland license, MVA forces you to surrender your out-of-state license.

A new change in Maryland regarding licenses is that you will no longer obtain your physical license at MVA. Instead, your new Maryland license will be mailed to you. The new Maryland driver's license is considered the most secure license in the country, and for that reason, MVA will no longer hand out licenses at any location.

If you've been charged with a traffic offense in Maryland related to a driver's license issue, call Portner & Shure today for a free consultation: (301) 854-9000, (410) 995-1515.

Charged with DUI in Maryland—Your Ability to Drive Will Be Significantly Affected

In Maryland, when you are arrested for DUI, the police officer will confiscate your driver's license (unless you have an out-of-state license) and provide you with a temporary paper license. This paper license must remain in your vehicle while driving or else you can be charged with driving without a license. The temporary license is only valid for 45 days, and on that 46th day if you have not taken any action, your ability to drive is suspended for a certain period of time depending on various facts of your case (i.e. results of the breath test, refusal of the breath test).  If you take the breath test and the results are under 0.15, you will have three options regarding your driver's license: (1) you may request a MVA hearing to get a restricted license that would still allow you to drive for things such as school or work; (2) you may install an ignition interlock device in your vehicle for a one year period and that would allow you to drive freely; or (3) take the suspension, which varies depending on the facts of your case (180 days-2 years).  However, if you refuse the breath test or take the test with results over 0.15, you are only limited to option (2) and (3)--install the interlock device or take the suspension.

When arrested for a DUI in Maryland, time is a very important factor when it comes to your ability to drive after the arrest. If you are able to request a MVA hearing, you should do so within 10 days of your arrest because that guarantees that your hearing will be scheduled before the 46th day when your suspension will take place. If you do not request a MVA hearing within the first 10 days, you must request one within 30 days of the arrest, or else you lose your chance to get a restricted license.

If you've been arrested for a DUI in Maryland, don't put your driving ability at risk and make sure to hire a top 10 DUI law firm in Maryland to help you throughout the criminal and administrative processes. Call us today for a free consultation: (301) 854-9000; (410) 995-1515.