YOU MUST HAVE A TRUSTWORTHY CRIMINAL LAWYER

July 4th, 2009 by Author173

Individuals arrested and prosecuted for state or federal criminal law violations require the assistance of a trustworthy Howard County criminal lawyer. These violations may be misdemeanors or felonies and can lead to negative consequences if convicted. The individual may be incarcerated, pay heavy fines, or gets a criminal record, and that doesn’t address the problems that he or she will encounter in their personal lives. Their family, friends, employers, and social standing will be negatively affected by the incarceration. These reasons are why you need a Howard County criminal lawyer who will work on your side and be the best advocate possible.
Howard County criminal lawyers handle cases from misdemeanors like probation violations, traffic violations, and shoplifting to serious charges like assault, DUI, murder/manslaughter. A Howard County criminal lawyer also provides services in both adult and juvenile courts. Having the right Howard County criminal lawyer can help you assess the seriousness of the charges and what criminal processes will take place. 
An individual may be stopped by a police officer if and when the officer has probable cause. The officer may then ask the individual questions which he or she is not required to answer. At this point, the individual is not under arrest. It is simply a stop and possible search or frisk. If arrested, a police officer must have probable cause that the individual probably committed or will commit a crime. The individual is then booked at the police station where they are fingerprinted, questioned, searched and interrogated. Formal charges may then be brought against the individual followed by an arraignment within 24 hours of the arrest. At the arraignment, the individual submits a plea towards the criminal charges brought against them, and bail is set. A pre-trial conference and hearing may occur if the individual’s case is handled in the Circuit Court. If so, this step allows the individual’s Howard County criminal lawyer to work with the prosecutor and determine if an agreement can be reached and a trial avoided. Cases that don’t reach an agreement must then go to trial where the individual has the right to choose a trial by a jury of his or her peers. Jury trials may also be waived by the individual by pleading guilty or moving forward with a bench trial. If found guilty, appeals are the final step, and individuals generally have 30 days to appeal a verdict.

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Lawyers in Howard County Maryland

July 3rd, 2009 by Author173

Finding a lawyer in Howard County Maryland who practices criminal law could be vital if you or someone within your family is put in a position of needing a criminal defense lawyer.

In some situations, getting criminal defense from Howard County Lawyers is absolutely vital, as it can be the difference between making your way through difficult times and charges, and having to pay vast financial and sometimes personal costs because of the outcome of legal proceedings.

If you suspect you or someone you know in Howard County may be in a situation where legal counsel is needed, then finding representation in close to home is important. Howard county lawyers will be more familiar with specific circumstances within the county and specific rules and regulations that can help prove your innocence.

When looking for any legal representation, it’s important to find a lawyer who clicks with your personality. Trust between lawyers and their clients is critical to a successful defense, and if you meet with a lawyer and don’t feel that you will be able to work with them for an extended period of time, then it’s important (if the option is available) to try and speak to additional lawyers who may be able to offer alternative perspectives and approaches to your case.

In criminal defense law, a defendant faces monetary fines or even prison time if the court fails to rule in their favor. Unlike suits raised between individuals, the government is involved, and a Howard County lawyer who is familiar with criminal defense is better able to anticipate the needs of clients operating within their jurisdiction than someone who works farther afield. If an individual has an issue within Howard County which requires the attention of the courts, then by hiring a lawyer (rather than attempting to represent themselves) they will have access to a better pool of contacts, knowledge, and familiarity with the local legal system which can only benefit them during their legal struggles.

It is difficult to imagine being the person who is in need of legal counsel for criminal defense reasons, but many factors can contribute to this kind of situation, and the first, best step for getting out of the situation is to hire a competent attorney. For those who find trouble with the law in this area, hiring a Howard County lawyer is a good first step toward resolving your legal issues.

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IF YOU ARE ACCUSED, YOU SHOULD CONTACT A CRIMINAL ATTORNEY IMMEDIATELY!

June 30th, 2009 by Author173

Criminal law cases are handled by a state prosecutor, and anyone convicted of committing a crime may be sentenced to jail, fined, or both. The typical case consists of two main elements—the act that was committed and the mental state of the suspect at the time. In order to convict, the prosecutor must prove both elements of the crime and convince a judge or jury that this person is guilty “beyond a reasonable doubt.” The crime in question may be either a more serious offense (or felony), or a less serious offense (or misdemeanor).

What you should do

If you are accused of a crime, you should contact a Howard County criminal attorney immediately to protect your constitutional and legal rights, review the details of the case, and explain the various scenarios that might unfold. If you fail to do this, your future and the severity of the punishment you receive will be jeopardized. (Also, our system of “due process” ensures that you will be given a fair hearing.)

The stages of a criminal case include:

● An investigation – The police will gather evidence, review the facts, interview witnesses, and secure an arrest warrant for the accused.
● Arrest and bail – The judge will set bail, based mainly on the merits of the prosecutor’s case or the severity of the crime, or determine that the suspect must be incarcerated until the trial takes place.
● Arraignment – Here, the judge will inform the suspect of the pending charges and ask what the plea will be, determines of he or she has an attorney or would like one appointed by the court, and schedules future court dates. In felony cases, there will also be a preliminary hearing, and “plea bargaining” is also a possibility. A Howard County criminal attorney can be especially helpful to the defendant throughout the entire process, from investigation to sentencing.
● Trial and Sentencing – At this point, the defense attorney and the prosecutor give their opening and closing statements, question witnesses, and present the evidence. If the defendant is found guilty of a crime, the sentence imposed may include fines, incarceration, probation, restitution, and court costs.

In general a felony is a crime punishable by a term of incarceration that exceeds one year (or by death), and a misdemeanor is an offense punishable by incarceration for a year or less, and a fine may also be imposed.

 

 

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ARRESTED? WHAT TO DO??

June 26th, 2009 by Author173

The lawful system can appear difficult and occasionally strange. You owe it to yourself to have a capable Howard County criminal attorney who has the knowledge to steer through the system while defending your rights and your future.

The system has slight compassion for those accused of crimes, correctly or incorrectly. Your attorney will rise up for your rights and increase a strong criminal protection. 

How an Attorney can assist

Howard County criminal attorneys will keep you well-versed concerning the criminal justice procedure. And as well allow you to recognize what can be done to battle the accusations or lessen the penalty of appeal or conviction.

Arrested? What to Do

-Utter nothing. All you say can and will be applied against you. 

-Don’t utter anything and don’t sign anything (excluding regular clerical documents). Respectfully tell the police that you would like to collaborate, however that you require speaking to your attorney, and aspire to have your attorney in attendance throughout any inquiring. Then don’t utter anything else.

-Be supportive, civil, respectful, and do as you are told (excluding admit). 

- Several papers to sign will be given to you. They are normally regular documents that you should study them and then sign.

Bond

After you are arrested, you will be taken before a commissioner, who will decide the conditions of your release, which will feature in your criminal background, your binding to the society, and the scenery of your crime. Occasionally you may be able to obtain a 10 percent bond. Request for this. 

If you forfeit the bond and you have a sensible reason, an attorney may be able to assist obtain the warrant cancelled and the bond restored.

Preliminary Trial

Call a Howard County criminal attorney if your feel you may want a preliminary trial, or you have applied for one.

Crime Categories

In Maryland, as in most areas, crimes are broken down into two types. Normally, felonies are more severe crimes than misdemeanors. Whether a crime is a felony or a misdemeanor is spelled out in Maryland laws.

Jury Testing

Anybody charged with a crime (felony or misdemeanor) that bears a prospective punishment of 1 year or further is at liberty to a jury trial. 
You and your attorney will go through a procedure of jury assortment on the day of trial.

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CHARGED IN HOWARD COUNTY? HIRE A HOWARD COUNTY LAWYER!

June 26th, 2009 by Author173

When an individual in Howard County, Maryland is charged with a criminal violation of the law, it is imperative that a Howard County criminal lawyer be contacted as soon as possible. Regardless of whether the individual has had criminal allegations brought against them in the past or is being charged with their first criminal offense, the fear and uncertainty experienced by the individual can impair their judgment. 

Because many individuals do not have a comprehensive understanding of their rights and protections under the law, many individuals have consented to searches and seizures without proper justification or voluntarily given statements to law enforcement officers under false pretenses. Unjustified actions such as these by law enforcement can reflect poorly on the individual charged with a criminal offense, but these actions may be a violation of the individual’s rights. Therefore, individuals charged with a crime should not hesitate to contact an experienced and knowledgeable criminal defense lawyer.

The first and foremost priority of a skilled criminal defense attorney is the protection of the rights of his or her client. A practiced Howard County criminal lawyer will help those individuals charged with a crime understand their rights, the alleged criminal charge and the possible consequences, and what options are available to the client. Working together, the client and criminal defense lawyer will determine the course of action that will be in the best interests of the client. From jury trials to plea negotiations to appeals, an attorney can assist those charged with a crime every step of the way.

Howard County criminal lawyers have experience negotiating and litigating criminal cases such as:

• Fraud (bank fraud, wire fraud, mail fraud)
• Driving While Intoxicated or Driving Under the Influence
• Drug Cases/Drug Trafficking
• Internet Crimes
• Theft
• Assault
• Sexual Assault
• Murder

These are just a few of the criminal charges with which a qualified criminal defense attorney may be of assistance. 

If you are facing criminal charges and are uncertain as to what steps to take next, contact a Howard County criminal lawyer for a consultation. An attorney can review and evaluate your case to help you determine the ideal strategy for your situation. Because your future depends on a positive and successful outcome, ensuring that you have the most accomplished and competent legal counsel available is crucial. Contact a Howard County criminal lawyer today. 

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DUI AND “DRIVING”

May 3rd, 2009 by Author173

As a Howard County DUI practitioner I have handled countless cases where people have attempted to use their vehicle to sleep off a rough night of drinking and found themselves charged with DUI/DWI.Is is critically important to understand that "driving" for purposes of DUI law is not the same as "driving" in the classic sense of the word.   The definition of driving, for legal purposes, is being in “actual physical control” of a vehicle.  In this definition, the Maryland Legislature intended to differentiate between those inebriated people who represent no threat to the public because they are only using their vehicles as shelters until they are able to soberly drive, and those people who represent an imminent threat to the public by reason of their control of the vehicle.  The benchmark Maryland case of Atkinson v. State, 331 Md. 199 (1992), describes six factors to consider when determining of one is in “actual physical control” of a vehicle:

1.      Whether or not the engine is running or the ignition is on (strongest factor)

2.      Whether and in what position the person is found in the vehicle

3.      Whether the person is awake or asleep

4.      Where the vehicle’s ignition key is located

5.      Where the vehicle’s headlights are on

6.      Whether the vehicle is located in the roadway or is legally parked

Thus, it is clear from the factors above, that one can be charged and convicted of DUI/DWI in Maryland without ever actually moving his or her vehicle.Get into the drivers seat of a car, turn the ignition on for heat, and take a nap while drunk is technically, legally, driving while impaired or under the influence in Maryland.  The only sure way to avoid a DUI charge in Maryland, or any state, is to never get behind the wheel of your vehicle, even if you don’t plan to move it, with any alcohol in your system.

This article was written by Dave Z., Associate Attorney at the law firm of Shapiro & Mack - Howard County, Maryland’s, top Criminal Defense firm. David Z. also trains and competes in Brazilian Jiu Jitsu at Baltimore MMA school, Crazy 88 Brazilian Jiu Jitsu.

 

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MARYLAND IS A ZERO TOLERANCE STATE

May 2nd, 2009 by Author173

BY: David Zwanetz, Esq., Shapiro & Mack, Howard County, Maryland

As an attorney dedicating substantial time to the field of Maryland DUI law, specifically Howard County DUI law, I remain shocked at the number of my clients who come to me completely uninformed on the laws pertaining to alcohol usage while driving.  In fact, the most common rationale for why my clients have ended up charged is, “I waited an hour after my last drink and I felt fine.”  This brief article will serve to inform the masses that Maryland is essentially a zero tolerance state.

First, it is essential to understand that it is not only illegal in MD to drive with above a .08 grams of alcohol per 210 ml of breath (driving under the influence), but also illegal and jailable to drive with .06 breath level (driving while impaired).  For many people, a .06 blood alcohol level can be reached after a single beer, shot, or glass of wine.  Contrary to popular belief, the proverbial one-hour waiting period is simply not enough.  Blood alcohol absorption can be affected by the sex of a drinker, the body fat percentage of the drinker, the size and weight of the drinker, the amount of food in the body, the food in ones system, etc.  This brings me back to my zero tolerance contention – if a single beer can cause one to be charged with DWI, the general population should be advised that NO DRINIKING is tolerable before driving; i.e., zero tolerance.  Well why aren’t they then?  In my opinion, the answer is simple – dui litigation simply brings too much money to the state.  Allow me to expand:

A large portion of my clients are law abiding citizens who thought it was legal to go out and have a glass of wine or a few beers and drive home.  Had they been advised that even a single drink could be illegal they never ever would have attempted to drive.  The legislature has drafted a statute that gives people the false sense that some alcohol before driving is legal.  This false sense contributes to a large number of first time dui offenses in Maryland and Howard County.  Why else, besides to trap otherwise law-abiding citizens and raise revenue, would the legislature make illegal small amounts of alcohol instead of none at all?

To rehash my theory, if the average law abiding citizen was advised that NO ALCOHOL was legal when behind the wheel they would simply have nothing to drink before driving – significantly reducing the amount of dui related incidents.  On the other hand, Maryland residents are lead to believe that some alcohol behind the wheel is legal.  The legislature is giving people enough rope to hang themselves and asking then to determine if their intoxicated when their intoxicated – this is absurd! This article serves as my warning that drinking before driving in Maryland, even in minute amounts, can lead to a serious jailable charge of driving while impaired or driving under the influence.  To avoid serious charges, no alcohol should be consumed before driving, thus, keeping drivers safe, and in turn hampering the influx of revenue attained from uninformed drivers being arrested and charged with clearly avoidable conduct.

This article was written by David Zwanetz, Esq., Associate Attorney at the law firm of Shapiro & Mack - Howard County, Maryland’s, top Criminal Defense firm. David Z. also trains and competes in Brazilian Jiu Jitsu at Baltimore MMA school, Crazy 88 Brazilian Jiu Jitsu.

 

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