MD Criminal Defense Attorney: 5 Reasons Why You Cannot Talk to the Police Without Experienced Private Attorney Present

             The addicting hit Netflix documentary, Making of a Murderer, shows everyone the real-life consequences of talking to the police without an attorney present.  In the documentary, a juvenile was charged with murder and ultimately found guilty by a jury based on information given to police during interrogations where there was no lawyer present. 

   1.      Police officers will employ several different tactics, including tricks, to get the person they are questioning to say what the police want to hear. 

   2.      Everyone has the right to an attorney and should always make that request known to the police.  You simply must say “I want an attorney.”

   3.      Police officers oftentimes will say that everything will go a lot easier if they just talk.  Someone who is scared might just understand that to mean that if they tell the police what they want to hear, everything will be ok and they can go home.  This is absolutely not true.  In fact, as the show reveals, sometimes the only evidence the police have comes from statements made by a defendant.  These statements often lead to an arrest.

   4.      Always assert your right to have a lawyer present and do not talk to the police.  Continue to make that right known if police continue to ask questions without your attorney present.

   5.      Hiring a private criminal defense attorney to help defend the charges against you is your best bet to avoid being tricked into talking by the police.  Public defenders provide adequate representation, but it is no secret that they have too many clients to provide the best legal defense possible.  Further, they are often simply incorrect.

             Once a statement is given, a competent attorney can file and argue to keep the statement out by a Motion to Suppress the evidence.  Be careful who you pick to argue that Motion.  Oftentimes, if that Motion is lost, the case itself will be lost.  The public defender did just that in the show, “Making of a Murderer.” 

   

                   If you or a family member has been charged with a crime in Maryland and would like a free legal 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 Silver Spring or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/

Maryland DUI Attorneys: Proposed Noah's Law to Require Ignition Interlock in All DUI Cases

          Last month, Officer Noah Leotta of the Montgomery County Police was on patrol when he was tragically killed by a drunk driver who had several prior DUI convictions.  We blogged about the public outrage that followed regarding Maryland’s weak DUI laws.  Maryland lawmakers, Delegate Ben Kramer and Senator Jamie Raskin, have responded to the public’s concerns with a draft of a new bill called “Noah’s Law,” which would strengthen Maryland’s penalties for DUI.  If passed, the law will require all convicted drunk drivers to have an ignition interlock system installed on their vehicles, even first time offenders.

            

          As Maryland law currently stands, ignition interlock systems are required for drunk drivers who either refuse to take the breathalyzer test or take the test with a result of 0.15 or more.  Offenders with a blood alcohol content between .08 and .14 are eligible for a restricted license to go to school and work, however, they are not required to install an interlock device.  The new law would apply to all offenders with a blood alcohol content of .08 or higher.

            

         The proponents of the law argue that Officer Leotta’s death could have been prevented by a stricter ignition interlock law, given that the driver who struck him had numerous prior DUI offenses.  The federal Center for Disease Control (CDC) has also advocated for stronger ignition interlock laws, stating that repeat DUI offenses are reduced by 70% when interlocks are in use. 

             

         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 Rockville or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/ 

Probation Before Judgment (PBJ) in Maryland: 3 Things You Must Know

The finding of Probation Before Judgment (PBJ) is common in numerous criminal and traffic cases.  When agreeing to a PBJ, you are pleading guilty, and therefore, waiving your right to an appeal.  But, the guilty finding is then replaced with a PBJ.  Three things you must know:

1)      In most circumstances, a PBJ can be expunged from your record after 3 years, which means it will not show up in case search or in a background check.  However, there are exceptions—such as DUI—where expungement is not an option. 

2)      One question we get all the time is how to answer the question about convictions on a job application when you have a PBJ on your record.  The answer is that you can answer that question “No” because a PBJ is not considered a conviction.  In addition, if you were charged with DUI and receive a PBJ, your insurance rates will not increase as dramatically as they would if you were found guilty.

3)      Unfortunately, not all crimes or traffic offenses are eligible for a PBJ.  A first time DUI/DWI or controlled dangerous substance crime is eligible for a PBJ.  A second DUI/DWI offense within a 10 year period or a second controlled dangerous substance crime is not eligible for a PBJ.  Keep in mind, a PBJ is not awarded automatically just because you were charged with a crime of traffic offense that is eligible for probation.  For example, some judges will not award a PBJ for DUI offenses, especially if there was a high blood alcohol concentration or you contributed to an accident.

If you receive a PBJ and violate the terms of your probation, i.e. getting charged with another crime during your probationary period, you will face the entire sentence for the crime or offense you committed when you are brought back in for the violation of probation hearing.

           

            If you or a family member has been charged with DUI/DWI, or some other crime in Maryland and would like a free legal 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 Silver Spring or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/

Maryland DUI Attorney: Drunk Driver Crashes into Building Resulting in Fire

            Overnight, a drunk driver lost control of his vehicle and crashed into the Bright Center West strip mall in Owings, Maryland.  As a result of the accident, a fire started in the building causing significant damage.  After preliminary investigations, police determined the driver was under the influence of alcohol at the time of the crash.  Fortunately, this occurred at night when nobody was inside the building.  Three firefighters are recovering from minor injuries in trying to put out the fire. 

            

           Exact details of how much the driver had to drink that night and what his blood alcohol levels were at the time of the crash are unknown.  Serious accidents involving alcohol like this one occur far too often in Maryland.  We are lucky that no one was seriously injured in this crash, but there are so many innocent people who have not been as fortunate recently.  Several people in Maryland continue to urge lawmakers to strengthen the state’s DUI laws.  If more accidents like this one continue to occur, that might just happen.  Drunk driving laws already result in serious consequences, and if they become even more strict, it becomes even more important for DUI offenders to hire an experienced criminal defense attorney to help defend the charges.

            

          Nobody should ever be drinking and driving, but if you find yourself making that poor decision and police do stop you and charge you with DUI, it is imperative to hire an attorney who handles these matters every day.  While DUI cases might seem straightforward and simple to handle, there are several pieces of information that only your attorney can help you with so as to mitigate the consequences as much as possible.  Our DUI attorneys will guide you every step of the way and prepare you for trial. 

             

         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 Annapolis or throughout Maryland, or visit us on the web at http://www.portnerandshure.com/Criminal-Defense/DWI-DUI/