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Take Maryland Traffic Citations Seriously
Take Maryland traffic citations seriously
Maryland traffic offenses can be more than a minor inconvenience or payment of a small fine. These offenses can take away rights that allow you to travel or, in some cases, lead to a jail sentence.
Major violations
There are two types of traffic violations under Maryland law. The first category is comprised of major offenses, like driving while intoxicated, that can lead to incarceration.
If you are charged with a major offense, you cannot avoid a court appearance by paying a fine. You will receive a mailed summons containing the trial’s date, time, and location.
Courts may reschedule hearings because of sickness, hospitalization, or other good cause if a request is made before trial.
Minor violations
Minor violations are not punishable with a jail sentence. Speeding is an example of a minor offense. If charged with a minor violation, you may forego the hearing if you pay the fine and admit guilt.
Penalties And Defenses For Forgery And Identity Theft
Penalties and defenses for forgery and identity theft
If a person is accused of forgery or identity theft, he or she can face serious penalties. Forgery occurs when a person intends to defraud another person. He or she makes or uses a document and represents that it was signed or made by another person. Identity theft occurs where a person uses the identifying information of another person for financial gain.
Forgery and identity theft
Forgery may include signing a check fraudulently, making a false entry in an account book, writing a fake letter of credit or promissory note. It can also extend to writing a false drug prescription, signing a deed or title, a power of attorney or last will and testament falsely.
With identity theft, there is a wide-range of information that a person can use for financial gain. It could include a person’s name, date of birth, social security number, driver’s license number and other identifying details. It may be used to open a credit card, file taxes or purchase property, for example.
How Does A Breathalyzer Measure Blood Alcohol Content?
How does a breathalyzer measure blood alcohol content
One the most popular tools for enforcing Maryland’s drunk driving law is the breathalyzer, a device that can measure the amount of alcohol in a person’s blood stream – known as blood alcohol content or BAC – by taking a sample of the person’s breath. If a person refuses to provide a breath or blood sample after a request by a police officer, that person’s driver’s license can be immediately revoked for up to nine months. If a person has had more than one DWI conviction, the penalties for failing a breathalyzer test can be much as a two year suspension.
The basics
Given the severity of the penalties associated with a breathalyzer test, every motorist should have a working knowledge of how such devices perform their function.
When a person drinks alcohol, the alcohol is rapidly absorbed by the blood. Once in the blood, the alcohol moves to the lungs where some of it is expelled in the person’s breath. As the blood goes through the lungs, some of the alcohol moves across the air sacs in the lungs (aveoli). Scientists have measured the ratio of blood in the aveolar air to blood in the blood stream. The ratio is approximately 2,100 to 1, that is, 2,100 milliliters of aveolar air will contain the same amount of alcohol as 1 ml of blood. A breathalyzer uses this relationship to determine the percentage of blood in the blood stream.
Can Police Search My Vehicle For Drugs?
Can police search my vehicle for drugs?
Many Maryland drivers have been stopped by police officers for speeding, running a stop sign, or violating other traffic laws. Sometimes, a seemingly routine traffic stop can quickly turn into a drug arrest and drug charges if the officer searches your vehicle and finds evidence of drug possession or distribution. However, not all vehicle searches conducted by law enforcement officers are legal under the Fourth Amendment of the U.S. Constitution.
What makes an automobile search legal?
Generally, the Fourth Amendment requires that law enforcement officers obtain a valid search warrant to search a person’s property. However, there is an "automobile exception" to the Fourth Amendment, which allows law enforcement officers to search your vehicle as long as they have probable cause to do so. Probable cause is the reasonable belief based on the totality of the circumstances that your vehicle contains evidence of a drug crime.
Crafting A Defense Strategy When Facing Drug Charges In Maryland
Crafting a defense strategy when facing drug charges in Maryland
If there is one thing that people in Maryland who face drug charges have in common it is that the potential consequences for a conviction are serious. From misdemeanor charges on up, having a conviction for a drug offense on your record can be a burden that might seem insurmountable. That is why crafting a defense strategy when you are facing drug charges in Maryland should be a serious and persistent effort.
What are your options?
The aftermath of any type of arrest can leave the defendant bewildered and wondering what is next. Law enforcement officials and prosecutors have a tendency to make drug charges seem straightforward – you might even be convinced that you have been caught "red-handed." However, every defendant has the right to present a defense at trial, if that is the best option for their own unique case.
What works for one person may not work for another. Some people make the decision to attempt to engage in plea negotiations with prosecutors to get the case done and behind them. Others decide to fight the charges all the way to trial. Your options could be anywhere on that spectrum. You’ll want to assess all potential options before making a decision that could impact your life for years to come.
How Can You Prepare A Criminal Defense Strategy?
How can you prepare a criminal defense strategy?
It is easy to forget that in America an arrest is not the same as a conviction. Why? Well, because anytime someone is arrested the perception of that person, typically, becomes one associated with guilt. After all, some might think, why would there have been an arrest without cause? However, for as many arrests as occur in Maryland each year, it is important to remember that some cases are dismissed or, if they go to trial, end with "not guilty" verdicts.
So, how do you prepare your criminal defense strategy after an arrest? It depends on the charge, obviously, and every case will be different. The facts of any given case can vary quite a bit. Attention to the details is crucial.
Also, it is important to remember that in criminal cases the burden is on the prosecution to prove each element of the criminal charge beyond a reasonable doubt. That is a high burden. Sometimes, the evidence simply isn’t there to meet that burden. And, sometimes, it takes a good defense attorney to point that out.
Theft And Consequences
Theft and consequences
Thefts are very common in U.S. cities. Sadly, when a theft occurs, the damage often goes beyond the loss of property. In many cases, there is also collateral damage. With every action, there is a consequence. Under Maryland law, a person convicted of theft of merchandise will have to return the merchandise to the storeowner. If that is not possible because the property was damaged or destroyed, the responsible person is obligated to pay the owner the value of the merchandise as well as paying other damages that the owner has sustained.
The definition of theft is one person depriving another person of his or her property without permission. Theft can come in many different forms, including shoplifting and fraud. The value of the property that was taken also factors into the equation; the more valuable to property, the more severe the consequences.
What can you do if you are facing theft charges?
If you find yourself accused of theft, it is a good idea to consult with a knowledgeable Maryland lawyer who has expertise in criminal defense. Because theft is a serious crime, it is essential that you have the proper legal support and representation. Whether your case turns out to be a misdemeanor or a felony, it is important to handle the situation effectively for the best possible outcome.
One Can Lose A Drivers' License Before A Conviction
One can lose a drivers’ license before a conviction
We often speak about DUIs and DWIs on this blog. Indeed, last week, we spoke about how one can lose their license if one is convicted for drunk driving. However, if one fails an alcohol test or refuse to take one, drivers can still lose their license.
Wait, one can lose their license for a DUI or DWI without a conviction?
Yes. In Maryland, if one is pulled over for a suspected DUI or DWI, there are potential consequences. If one refuses to have their blood alcohol or drug concentration tested, or if they fail a blood alcohol or drug concentration test, the police officer will confiscate their Maryland driver’s license, issue a temporary, paper, license and then prepare a MVA file. And, if one has a commercial driver’s license, this will likely suspend those driving privileges.
What is handed over by the arresting officer?
In addition to the paper license, the Annapolis, Maryland, arresting officer will give the accused an Officer’s Certification and Order of Suspension. This form gives the accused a detailed list of the incident, the pending driver’s license suspension and whether or not a test was conducted (and its results, if one was taken). Though, the paper license can be used as a temporary driver’s license.
People Convicted Of A Drunk Driving Offense Will Lose License
People convicted of a drunk driving offense will lose license
People have many responsibilities when they are driving their vehicles in Maryland. They must pay attention to the road and avoid distractions. They must follow the traffic laws such as the speed limits, signal their turns, stop at stop lights and stop signs, drive safely for the various weather conditions and follow other rules. They also must not drive after they have had too much to drink. If they decide to drive while they are intoxicated or under the influence of drugs or alcohol they could be charged with a crime.
Like other crimes if people are convicted of a DUI or DWI, they could face criminal consequences such as fines, jail time, probation and other penalties. However, when people are charged with drunk driving offenses, they can also lose their driver’s license for a period of time. How long they will lose their license depends on different factors such as how many previous offense they have on their record, how intoxicated they are at the time they were driving, whether there was an accident with fatalities or if they refused to take a test.
How Can I Defend Myself Against Drunk Driving Charges?
How can I defend myself against drunk driving charges?
There are several ways that accused drivers can defend themselves against drunk driving charges and potentially protect themselves from the possible penalties and consequences associated with drunk driving charges. Drunk driving defenses fall into different categories and accused drivers should know what criminal defense options may be available.
Affirmative drunk driving defenses
The category of affirmative defenses are defenses that provides a reason why an offense may have been committed. Affirmative defenses include necessity, duress, entrapment, mistake of fact and involuntary intoxication. Affirmative defenses may apply in only specific situations why is why accuse drivers should be familiar with these types of defenses and if they may apply in their situation.
Common drunk driving defenses
Other common defenses to drunk driving focus on the traffic stop itself and if any of the accused driver’s criminal defense rights were violated or if authorities failed to follow required procedures to protect the rights of the accused driver. Examples may include:
Need Help? Hire an Attentive Team to Defend Your Rights
Our law firm has offices in Annapolis and Centreville, and we provide legal services to clients throughout Maryland, including Crofton, Severn, Arnold, Millersville, Glen Burnie, Pasadena, Severna Park, Odenton, and Linthicum Heights.
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