Don’t Wait to Hire a Defense Attorney for your Case in Maryland

   ·         We have several criminal clients who call us the day before trial seeking representation for their           case

   ·         Don’t wait until the last minute to hire a defense attorney in your case because the longer you wait,    the more difficult it is for your attorney to craft a strong defense. Defending against criminal or            traffic charges is a process and not something that can or should be done in a 24 hour period.

   ·         Your chances of a favorable result in your case are more likely if you hire an attorney immediately       after you are charged with a crime or receive a ticket for a serious traffic offense because your             attorney can request discovery and discuss your case with the State’s Attorney

   ·         Time is also important for traffic citations because they have a short period of time for you to either     pay a fine or request a hearing. If you wait until the day before trial to worry about your charges,         you most likely have missed the deadline required to either pay your fine or request a hearing.

   ·         If you are facing criminal charges or a traffic ticket, don’t delay and call Portner & Shure today for    a free consultation 

DUI in Maryland – How Your BAC Will Affect Your Case

In any DUI case, your BAC is the biggest determining factor in the severity of consequences you will face. The only way for the police to obtain your BAC is to submit to a breathalyzer or blood test. If you refuse, the consequences are even more severe because the police have no way of knowing how drunk you actually were, and the assumption is made that you were well over the legal limit.

You can be charged with a drinking and driving offense in Maryland with a blood alcohol content as low as 0.04, however, if your BAC reading is 0.04 or 0.05, will be entitled to a presumption under the law that your driving abilities were not impaired. At a 0.06 or 0.07 there is no presumption and you can be convicted of DWI if the State can prove through your driving behavior or field sobriety tests that you were impaired. At a 0.08 or above, you are automatically considered intoxicated. 

If you refuse the breath test or provide an insufficient sample, you can still be convicted of dui based on your driving behavior and field sobriety tests.  If you knowingly refused the test, this can also be used against you in court as proof that you refused the test because you knew you were intoxicated. 

If you’ve been charged with DUI, there may be defenses to your case regardless of your BAC. Contact Portner & Shure’s criminal defense attorneys today for a free consultation.

Planning to Drive Drunk in Maryland—Beware of Harsh New Consequences

   Starting October 1^st, if you are convicted of a DUI, you will be required to install an Ignition Interlock device in your vehicle. Maryland is now catching up to other states with stricter drunk driving laws. DUI cases are always serious no matter what state you are in, but prior to October 1st, if you were arrested for DUI in Maryland, you were fairly lucky because the consequences were not very severe.  However, now the consequences are much more severe.  For instance, license suspension periods have been increased significantly —first offense with BAC 0.08-0.14=180 days; BAC 0.15 or more=180 days; Refusal=270 days.

   Again,  before October 1^st, anyone convicted of their first DUI in Maryland was not required to have an ignition interlock installed in their vehicle, and in many cases, with good legal representation, these drivers only received a “slap on the wrist.” Now it is more important than ever to hire an attorney if you are arrested for DUI in Maryland because it is more important than ever to avoid being convicted for your DUI.

     If you have been arrested for DUI in Maryland, visit us online at www.portnerandshure.com or call us today at (410) 995-1515 or (301) 854-9000.

PBJ for First Time DUI in Bel Air? – Don’t Take it for Granted

Throughout Maryland, every county treats DUI cases a little bit differently in terms of how they punish them.  Harford County is one of the toughest counties in Maryland if you’re facing criminal charges, and it is no different for drinking and driving cases. Compared to other counties in the State, Harford County prosecutors offer some of the least attractive plea deals and the judges tend to order harsher sentences, even for first time offenders. Other counties, such as Prince George’s County, make it very easy to automatically get a PBJ by simply paying a fine.

While first time DUI offenders are eligible for a PBJ, assuming that you will get one in Harford County is a huge mistake.  While it is always important to hire an attorney for your DUI case, it is even more important to make sure you hire an experienced DUI attorney for a Harford County case if you want to have a chance at a PBJ.  Don’t get stuck taking a mediocre offer because you retained an attorney who didn’t fight to get you the best result. Unlike a lot of other attorneys, our lawyers aren’t afraid to go to trial and will leverage the strengths in your case to get the best possible result for you.

Litigation News September 2016

This month, our attorneys achieved an outstanding result in a DUI trial in Montgomery County. Our client was charged with DUI(a)(1) and DUI(b)(1), failure to stop at a stop sign and failure to obey a properly placed traffic control device.  The State's initial officer was to plead to a DWI and failure to stop at a stop sign, and there was no opposition to a PBJ.  The Prosecutor insisted that our client should get a point on his license for the stop sign.  The State's best evidence against our client was his admission that he had alcohol prior to driving, which was made through a Korean officer interpreting to the arresting officer.  The State did not produce the Korean officer for trial, which our attorney, Ms. Ruhl, insisted on before agreeing to a plea.  The State was forced to nol pros the drinking charges and our client walked away with a simple stop sign violation.  Our client will have the DUI charges expunged from his record.   

How to Get Released from Jail As Quickly As Possible

You’re in jail. You’re alone. You’re worried. What do you do?  Oftentimes, the first thoughts of every arrestee are immediate release. The most common path to release is making bail.

Bail can take the form of cash, a bond, or property given to the court by the arrestee. This is an assurance to the court that the arrestee will return to the court when ordered to do so. The amount of your bail depends on the severity of the crime, as well as your risk of flight, and is subject to a judge’s discretion to take into account aggravating or mitigating factors.

While there are many release options, the most common are:

1) Cash or Check in Full Amount: This occurs when the arrestee is able to pay the entire bail in full.

2) Surety Bond/Bail Bond: This is used when the arrestee is unable to pay in bail in full. The process begins with contacting a bail bondsman. A bail bondsman then promises to pay the full value of the bond if the arrestee doesn’t appear for his court date. In return for these services, the bail bondsman will charge a premium, usually 10% of the bail.

3) Own Recognizance: Sometimes an arrestee may be released on his own recognizance, meaning, he is responsible for showing up for his court dates. These are usually given to those charged with minor, nonviolent crimes and where the defendant is not considered dangerous or a flight risk, meaning, one who has a high likelihood of fleeing.

4) Citation Release: These are usually given to less-serious offenders. An officer will give the arrestee a citation telling the arrestee that he must appear at the indicated court date. In this case, there is no booking procedure and depends on the arrestee’s voluntary return to court.

5) Property: A defendant may sometimes be able to use property as a bond if the court gets a lien on the property in the amount of the bail. Thus, if the arrestee doesn’t show up for his court date, the court forecloses on the property to recover the price of bail.

If you are unsure of how to get released from jail as quickly as possible, contact a local Maryland defense lawyer for advice today at (301) 854-9000.

5 Things to Look For Before Hiring a Criminal Defense Lawyer

The law is often a terrifying thing. No one is thrilled that they need to hire a lawyer. However, accidents happen and mistakes are made, and being prepared beforehand is the best possible way to reduce your anxiety in a time of crisis.

Finding the right lawyer to represent you, whether it be for DUI charges, assault, or a speeding ticket violation, is of the utmost importance. This individual is going to be the one responsible for your future, and therefore you want to make sure to choose wisely.

We have taken the time to answer five common questions.

1. What is your consultation process?

We offer a free consultation process. We are available via telephone, email, and livechat, 24 hours a day, 7 days a week. Additionally, we can talk with you in whatever language you prefer. We have staff members fluent in English, Spanish, Chinese, Korean, and Japanese.

2. Do you have testimonials available? How do I know your reputation?

Our fundamental source of new clients is client referrals. We take pride in our results. We have a five star rating on Google Plus and Facebook. We have a level ten rating on AVVO.

 Many of our clients write statements about their experience with our firm and we urge you to read them. This information is the best way to get a sense of our work, commitment to our clients, and results.

3. What is your experience?                                 

You want a lawyer with experience in your PARTICULAR kind of case. Our litigation team lives, works, and studies, in Maryland, D.C. and Virginia. We are local lawyers with National recognition for our trial advocacy. Mr. Portner, our managing partner, has been recognized by the multi-million dollar advocacy forum for his success in the courtroom. He is also a distinguished Top One Hundred National Trial Lawyer.

4. How will they expect to bill you?

We are very open and forthcoming about our billing process. In terms of our criminal defense fee, we traditionally bill a flat fee. This depends on the charge, location, and amount of preparation necessary.

5. How will you communicate with us?

We are always available. You can reach out to us on Facebook, email, or phone. We take pride in our responsiveness and communication. We have an experienced litigation team that will keep you updated on every step of your case and what we are doing for you. 

If you have been charged with a crime in Maryland, call us today for a free consultation at (301) 854-9000.