Charged with Assault in Maryland --Three Things You Need to Know Before Talking to a Lawyer

1.     Don't bring your friends to your meeting with the attorney.

• This should go without saying in any type of case, but especially in an assault case if your friends were at the scene of the alleged assault, or were involved in any way.  
• If you and some of your friends or acquaintances are all charged in an assault, don't make the mistake of thinking you're all "in this together."
• Why?  Your best defense might be that the real perpetrators of the assault were the other individuals there, not you.  Or, that you were just trying to break up a fight that was being instigated by someone else.
• Two: The attorney, if he knows what he's doing, won't have a meeting with both of you, because he knows there's a conflict.  One of you will get sent home and you don't want that person to be you.

2.     Assault is a very serious charge in Maryland.  Don't take it lightly.

• First degree assault is a felony and punishable by up to 25 years in prison. 
• Second degree assault, which is the more common form of assault charge we see, is a misdemeanor - but still punishable by 10 years in prison and a $2,500 fine.
• A first degree assault conviction requires proof that you intended to cause serious bodily harm to the victim. On the other hand, you can be convicted of second degree assault for what the law calls an "offensive touching" or for simply putting someone in fear of bodily harm.  Relatively minor altercations and disputes can easily result in assault charges.

3.     Don't just assume your case will be dropped without a fight.

• It's really common for people charged with assault to be convinced that there's no way the alleged victim is going to show up in court, and then lo and behold, they appear in court ready for trial.
• I don't care what you think about the alleged victim's credibility, the State is going to take their allegations seriously.
• You might have to go through an entire trial to prove your innocence.  You do not want to be caught without any attorney in this situation.

If you have been charged with a crime in Maryland, call us today to speak to one our experienced Maryland criminal defense attorneys for a free consultation or if you would like more information please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/

Maryland Criminal Defense Lawyer: Should I Pay My Traffic Tickets or Ask for a Trial?

·         It’s very common in any type of traffic case to have multiple tickets.

o   Some of these tickets may be “must appear” tickets.

§  These are the more serious offenses, such as hit and run, driving on a suspended license, or DUI, which carry not only a fine, but the possibility of jail time.

§  Obviously, these are not tickets that you can just mail in a payment.  You must appear and the judge will decide how much the fine will be.

o   The rest of the tickets will be “payable” tickets.

§  These are your speeding tickets, failure to obey a traffic signal, failure to display license, improper lane change, negligent driving, etc.

·         When you’re faced with either a slew of payables or both payables and “must appear” tickets, you have a decision to make.

o   Should I just go ahead and pay the tickets or should I ask for a trial?

o   Keep in mind that every case is unique and an attorney can be extremely useful in helping you make these decisions, but here are some things to consider.

  

·         First, if your underlying “must appear” offense is a DUI, it is probably best to wait before paying the payable fines until your trial date.

o   Often, the prosecutor will agree to drop these payable charges in exchange for a guilty plea to the DUI offense.

§  If you’ve already paid the payables, you cannot bargain for them to be dropped later.  You also will have taken all the points associated with the tickets if you choose to pay the fines before trial.

·         If your “must appear” offense is something less serious than DUI, for example, driving without a license, you may be able to use the payables as a bargaining chip in a different way.

o   Sometimes, the prosecutor will agree to drop the driving without a license charge if you agree to go pay the payables at that time.  (and if you have fixed your license)

·         If all of your tickets are “payables” you can still request a trial and attempt to negotiate how many of them the prosecutor will go forward on.  If the officer in your case does not show up at your trial date, the whole case could be dropped.

·         You also have the option of asking the judge to reduce the fines you would have to pay, or to reduce the number of points assessed.  If you have already sent in your payment, you’ve just accepted the worst case scenario as far as fines and points assessed against you.

      If you or a family member has been charged with a traffic or alcohol-related offense in Maryland and would like a free legal consultation or if you would like more information on these types of offenses please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Columbia or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/ 

Maryland DUI Attorney: Noah’s Law Passes in MD’s General Assembly

           Maryland’s General Assembly session came to a close at midnight last night, and before that deadline, Noah’s law received approval from both the House and Senate.  We previously blogged on this proposed bill a few months ago when it initially debuted in response to a drunk driver hitting and killing Officer Noah Leotta of Montgomery County.  Under Noah’s law, Maryland would now join most other states in requiring the installation of an ignition interlock device for all DUI offenders.  Currently, the device is only required to be installed for repeat DUI offenders and those with excessive blood alcohol levels.

           

           Numerous studies have been conducted that show the benefits of requiring an interlock device for all DUI offenders.  In states with this requirement already in place, there were thousands of people who were stopped from being able to start their car because they were attempting to drive drunk.  That means that the interlock devices likely saved many lives by keeping these drunk drivers off the road.  Many first-time offenders end up driving drunk again because they did not face any serious consequences for their first offense.  If an interlock device was required, it would prevent these people from being able to start their car with any amount of alcohol in their system.

            

           Governor Hogan is expected to sign this bill into law, which would effectively end the slap-on-the-wrist mentality in Maryland for first time DUI offenders.  This law will likely take effect October 1^st or January 1^st.  When this happens, it will be even more important to hire an experienced Maryland DUI attorney to handle your case and limit the consequences as much as possible. 

Anybody who is thinking about drinking and driving should remember, that not only are they putting their own life at risk, they are putting the lives of innocent people at risk.  In addition, there are more serious consequences they will have to face with an interlock device required to be installed.  There are significant costs associated with the installation of interlock devices, including the initial fees and the monthly maintenance fees.  You can avoid all of these things by just getting an Uber, Lyft, or taxi to drive you home.

If you or a family member has been charged with an alcohol-related offense in Maryland and would like a free legal consultation or if you would like more information on these types of offenses please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Columbia or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

Maryland DUI Lawyer: What are the Consequences of Refusing the Breath Test When Pulled Over for DUI?

           A police officer may pull you over if he/she suspects that you are driving under the influence of or are impaired by alcohol.  Violating simple traffic laws usually leads to this suspicion (i.e. speeding, crossing over center line, driving on the shoulder).

            

          After you are pulled over, the police officer will likely ask you to perform various field sobriety tests and conduct a breathalyzer test.  If you refuse to take the breathalyzer, the police officer will confiscate your Maryland driver’s license and give you a paper temporary license that is valid for 45 days.  On the 46^th day, your driving privileges are suspended for 12 days for a first offense and 1 year for a second or subsequent offense.

            

           Those drivers that refuse the test have very limited options in trying to get restricted driving privileges.  A driver can either accept the 120 day (or 1 year) suspension, which means no driving whatsoever, or they can participate in the ignition interlock program for a 1 year period.

            

           A driver charged with DUI/DWI in Maryland is left with more options in situations where they take the breathalyzer test, especially for first-time offenders.

           If you or a family member has been charged with DUI or DWI in Maryland and would like a free legal consultation or if you would like more information on DUI or DWI please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Laurel or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

Maryland Criminal Defense Lawyer: MVA Guidelines on Revoked Driver’s Licenses

            The point system used by MVA in Maryland is confusing for everyone.  It is important to know of the important point thresholds and how they affect your Maryland driver’s license. 

If you accumulate 3-4 points, MVA will send you a warning letter to notify you of the point accumulation. 

If you receive between 5-7 points, driver improvement classes will be required. 

Once you accumulate between 8-11 points, your license is suspended.  This can happen either from an accumulation of points based on several driving offenses, or it can result from an alcohol or drug violation while driving. 

Once you have 12 or more points, your license is revoked.  In order to have your driving privileges reinstated, you must wait a certain amount of time depending on your case.  For a first revocation, there is a 6 month waiting period.  However, with 4 or more revocations on your driving record, there is a 2 year waiting period.  This waiting period begins the day that you turn in your driver’s license to MVA. 

Once the waiting period has finished, you may apply for reinstatement with MVA’s Driver Wellness and Safety Division.  Once MVA has made a determination for your license, you will be notified whether it has been granted or denied.

If you have been charged with a crime in Maryland, call us today to speak to one our experienced Maryland criminal defense attorneys for a free consultation or if you would like more information please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/

Maryland Criminal Defense Lawyer: Legislators Want Jail Time for Adults Hosting Underage Drinking Parties

            As we wrote about last month, legislators in Maryland’s General Assembly are working towards passing legislation to increase the penalty for adults that “knowingly and willingly” host underage drinking parties at their home.  Currently, anyone convicted of violating this law are only required to pay a maximum fine of $2,500 per offense.  The call for stricter penalties comes after a devastating accident last summer in which two Potomac teens died in a car accident after attending an underage drinking party.  The bill, which is referred to as “Alex and Calvin’s Law,” is named after the two who died in the accident.

            

            Last month, both the Senate and House passed their respective versions of the bill nearly unanimously.  Both versions of the bill would include a jail sentence of up to one year for a first offense and up to two years for each subsequent offense of “knowingly and willingly” hosting an underage drinking party.  Both bills would also increase the fines for a first offense and every subsequent offense.  There are slight differences in the two versions, however.  The two bodies of lawmakers are trying to hammer out certain details in order to get one uniform bill passed into law.  The biggest difference between the Senate and House versions is that one requires jail time for both furnishing alcohol to underage teenagers and for hosting an underage drinking party, while the other version only requires jail time for hosting an underage drinking party. 

            

            If the Senate and House can come together and create a unified bill, it would then go to a vote, and if passed, could be signed into law by Governor Hogan.

              

            If you or a family member has been charged with an alcohol-related offense in Maryland and would like a free legal consultation or if you would like more information on these types of offenses please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Laurel or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

MD Criminal Defense Attorney: What to do if Charged for Driving Without a License or Driving on a Suspended License

          A majority of our criminal and traffic consultations involve driving without a driver’s license or driving on a suspended license.  In several instances, these people are undocumented and are too afraid to show up to court for risk of being deported.  Failure to appear in court for your trial date results in much worse consequences.  A failure to appear (FTA) results in the court issuing a bench warrant for your arrest. In other words, if you ever get into any more trouble and the police happen to run your name in their database, they will see there is an outstanding warrant for your arrest and will arrest you.  There will likely be significant immigration effects.

           

          In many circumstances, we will have potential clients call us and ask what they can do to get rid of the arrest warrant and go to court for the charges.  The first step we can do is to file a motion to quash the warrant, and if a judge grants it, the court will recall the warrant, and then a new court date can be scheduled to defend the charges.  Motions to quash are not always granted though, so if you do not have a legitimate excuse for missing your original trial date (i.e. changed addresses), it is likely to be denied.  At that point, you will have to turn yourself in to get a new trial date to defend your charges.

            

         When trying to resolve a driving without a license or driving on a suspended license case, the best thing to do is to work on getting a license or resolving the suspension issue.  A judge will look more favorably on someone who is actively trying to obtain a driver’s license or trying to resolve the suspension.

           

         If you have been charged with a crime in Maryland, call us today to speak to one our experienced Maryland criminal defense attorneys for a free consultation or if you would like more information please feel free to contact our office at (301) 854-9000 and schedule an appointment at our office in Baltimore or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Maryland-Criminal-Defense/