Maryland and D.C. Criminal Law Firm
D.C. (MD) Maryland Drunk Driving DUI DWI Drug Possession CDS Assault
and Battery Lawyers And Major Felony Crimes in Maryland (MD) and Washington, D.C
If you have been charged with a criminal offense in Maryland (MD) or the District
of Columbia (D.C.), whether a major felony, drunk driving, dwi (driving while intoxicated), dui, possession of cds (controlled dangerous substance) our experienced criminal lawyer(s) at Belli, Weil & Grozbean, P.C. will be by your side each and every step of the criminal trial process.
Most people who are charged with a criminal offense do not realize that they can not wait until the last minute to hire a lawyer. Our lawyers at Belli, Weil & Grozbean, P.C. understand the criminal laws whether in Maryland or the District of Columbia (DC)
and know how to prepare you for trial and utilize resources such as private investigators,
psychologist, forensic experts, drunk driving and drug evaluators and rehabilitation
facilities. Being charged with a felony, dwi or drug charge can send you to jail
and should not be taken lightly.
Are you facing a loss of your drivers license because of being charged with drunk
driving, dwi, possession of drugs, driving while suspended, speeding or reckless
driving to name a few? Then Belli, Weil & Grozbean, P.C. can help you thru the administrative hearing process. Most people do not realize
how long they can lose their license to drive and they will be going before an Administrative
Law Judge who has the power to keep them from driving. Can you afford not to
drive? Will you lose your job?
WHAT SHOULD I DO IF I AM ARRESTED?
KNOW YOUR LEGAL RIGHTS!
WHAT TO DO IF YOU ARE ARRESTED!
I am told that I am under arrest. What does that mean? When you are arrested, you
are taken into custody. This means that you are not free to leave the scene. Without
being arrested, you can be detained, however, or held for questioning for a short
time if a police officer or other person believes you may be involved in a crime.
For example, an officer may detain you if you are carrying a large box near a burglary
site. You can also be detained by storekeepers if they suspect you have stolen something.
Whether you are arrested or detained, you do not have to answer any questions except
to give your name and address and show some identification if requested.
1. WHAT RIGHTS DO I HAVE?
Answer: Whether you are an adult citizen or non-citizen, you have
certain rights if you are arrested. Before the law enforcement officer questions
you, he or she should tell you that:
You have the right to remain silent.
Anything you say may be used against you.
You have a right to have a lawyer present while you are questioned.
If you cannot afford a lawyer, one will be appointed for you.
These are your "Miranda" rights, guaranteed by the U.S. Constitution. If you are
not given these warnings, your lawyer can ask that any statements you made to the
police not be used against you in court. But this does not necessarily mean that
your case will be dismissed. This does not apply if you volunteer information without
being questioned by the police.
2. ONCE I AM TOLD MY RIGHTS, CAN I BE QUESTIONED?
Answer: You can be questioned, without a lawyer present, only if
you voluntarily give up your rights and if you understand what you are giving up.
If you agree to the questioning, then change your mind, questioning must stop as
soon as you say that you want a lawyer. If the questioning continues after you request
a lawyer and you continue to talk, your answers can be used against you if you testify
to something different.
You may be required to give certain physical evidence. For example, if you are suspected
of driving under the influence of alcohol you may be requested to take a test to
measure the amount of alcohol in your system. If you refuse to take the test, your
driver's license will be suspended and the refusal will be used against you in court.
Once you are booked, meaning your arrest is written into official police records
and you are fingerprinted and photographed, you have a right to make and complete
three telephone calls that are free within the local dialing area.
3. WHEN SHOULD I SEE A LAWYER?
Answer: If you are arrested for a crime, particularly a serious
one, you should contact a lawyer as soon as possible. He or she has a better sense
of what you should and should not say to law enforcement officers to avoid being
misinterpreted or misunderstood. The lawyer also can advise you or your family or
friends on the bail process. There is no substitute for a good Maryland criminal
4. WHO CAN ARREST ME?
Answer: All law enforcement officers - such as police officers,
county sheriff officers, investigators in a district attorney's or an attorney general's
offices and highway patrol officers - can arrest you whether they are on or off
duty, in most cases. A probation or parole officer also can arrest you.
They can arrest you - even if they do not have an arrest warrant - if they have
probable cause or good reason to believe you committed a felony, such as armed robbery.
(A felony is a crime of a more serious nature than a misdemeanor, usually punishable
by imprisonment for more than a year.) They do not have to see you commit a felony
in order to arrest you. They do, however, have to see you commit a misdemeanor in
order to arrest you.
If you commit an infraction, instead of taking you into custody, they may ask to
sign a citation or notice. This is a minor offense, such as a moving violation,
where the punishment usually is a fine. If you sign the citation, you are not admitting
guilt; you are only promising to appear in court. If you have no identification
or refuse to sign, however, an officer may take you into custody.
5. CAN SOMEONE OTHER THAN A POLICE OFFICER ARREST ME?
Answer: Any person, such as a private security guard, can make
a citizen's arrest if they see a misdemeanor being attempted or committed. (A misdemeanor
is a criminal offense, usually punishable with a fine or short jail term.) They
also can make a legal arrest for a felony as long as it actually was committed and
they have good reason to believe you did it. They must take you to a police officer
or judge who is required by law to take you into custody.
6. WHEN IS AN ARREST WARRANT USED?
Answer: Usually a warrant is required before you can be taken into
custody in your home. But you can be arrested at home without a warrant if fast
action is needed to prevent you from escaping, destroying evidence, endangering
someone's life or seriously damaging property.
The warrant must be signed by a magistrate or judge, who must have good reason to
believe that you, whom the warrant names, committed a crime. If your name is unknown,
"John Doe" can be used on the warrant - along with your description.
Once an arrest warrant is issued, any law enforcement officer in the state can arrest
you - even if the officer does not have a copy of the warrant. Generally, there
is no time limit on using a warrant to make an arrest.
Before entering your home, a law enforcement officer must knock and identify himself
or herself and tell you that you are going to be arrested. If you refuse to open
the door - or if there is another good reason - the officer can break in through
a door or window.
If the police have an arrest warrant, you should be allowed to see it. If they don't
have the warrant with them, you should be allowed to see it as soon as practical.
The police may search the area within your reach. If you are arrested outdoors,
they may not search your home or car.
Resisting an arrest or detention is a crime. If you resist arrest, you can be charged
with a misdemeanor or felony in addition to the crime for which you are being arrested.
If you resist, an officer can use force to overcome your resistance or prevent your
escape. The officer can even use deadly force if it appears you will use force to
cause great bodily injury.
7. WHEN CAN I BE RELEASED?
Answer: If, during the questioning and before a charge is filed,
the police are convinced that you have not committed a crime, they will give you
a written release. Your arrest then will be considered a detention and not recorded
as an arrest.
8. WHAT IS BAIL AND HOW IS IT SET?
Answer: The amount of bail - money or other security deposited
with the court to insure that you will appear - is set by a schedule in each county.
You may be notified that you can forfeit or give up bail instead of appearing in
court if you receive a traffic citation. However, if you have any doubt, go to court
so a warrant is not issued for your arrest for failing to appear. Bail forfeiture
does not apply to misdemeanors or felonies. Forfeiting bail does not mean that the
charges are dropped and usually works as a conviction for a traffic offense.
A Magistrate at the jail will usually set bail or you maybe held for a Judge to
set bail. If you cannot post or put up the bail, you will be kept in custody. Depending
on where you are arrested, you may have the opportunity to request a bail reduction
from a Judge.
When you are taken to court for bail setting or release, the judge will consider
the seriousness of the offense you are charged with, any prior failures to appear
(even for traffic tickets), any previous record, your connections to the community,
as well as the probability that you will appear in court. The amount of bail is
set according to a written schedule based on your charges. The law presumes you
are guilty of the charges for purposes of setting bail or release.
Instead of paying bail, you might be released on your own recognizance or "O.R."
(or supervised O.R.). This means that you do not have to pay bail because the judge
believes that you will show up for court appearances without bail.
9. WHO MAINTAINS ARREST RECORDS AND WHAT DO THEY INCLUDE?
Answer: Local police departments and the Judiciary keep arrest
records. Your past criminal record maybe in a national data bank. The arrest record
includes when and why you were arrested, whether the charges against you were dropped
or whether you were convicted of the charges, and the subsequent sentence imposed.
Both pleading guilty and being found guilty after a trial count as convictions.
If you are convicted of committing a misdemeanor, placed on probation and stay out
of trouble, you are able to have the conviction removed from your record for such
purposes as employment background checks. This is often called "probation before
10. WHAT HAPPENS AT AN ARRAIGNMENT?
Answer: You have a right to be arraigned without unnecessary delay
- usually within a short period of time- after being arrested. You will appear before
a judge who will tell you officially of the charges against you at your first arraignment.
At the arraignment, an attorney may be appointed for you if you cannot afford one,
and bail can be raised or lowered. You also can ask to be released on P.R., even
if bail was previously set.
If you are charged with a misdemeanor, you can plead guilty or not guilty at the
arraignment. Or, if the court approves, you can plead nolo contendere, meaning that
you will not contest to the charges. Legally this is the same as a guilty plea,
but it cannot be used against you in a non-criminal case, unless the charge can
be punished as a felony.
Before pleading guilty to some first-time offenses, such as drug use or possession
in small amounts for personal use, you may want to find out if your county has any
drug diversion programs. Under these programs, instead of fining you or sending
you to jail, the court may order you to get counseling which can result in dismissal
of the charges if you complete the counseling.
If misdemeanor charges are not dropped, a trial will be held later in municipal
court. If you are charged with a felony, however, and the charges are not dropped,
the next step is a preliminary hearing.
11. WHAT HAPPENS AT A PRELIMINARY HEARING?
Answer: During the preliminary inquiry or hearing, usually within
a short period after arrest, the States Attorney's office must present evidence
showing a reasonable suspicion that a felony was committed and that you did it to
convince the judge that you should be brought to trial.
In lesser offenses in the District Court of Maryland the preliminary inquiry is
only to find out if you have an attorney and understand the charge. This hearing
is often waived if your attorney enters his appearance in your case.
If you are charged with a crime and unable to understand English, you have a right
to an interpreter throughout the proceedings.
REMEMBER THERE IS NO SUBSTITUTE FOR EXPERIENCED CRIMINAL LAWYERS! You could
be sentenced to time in jail for driving while intoxicated, possession of drugs
or reckless driving. It is important to contact a lawyer immediately.
WHEN EXPERIENCE COUNTS YOU CAN NOT AFFORD ANYTHING LESS!!
FREE CONSULTATION* (301) 738-5700
MAIN OFFICES IN: WASHINGTON, D.C. WITH AFFILIATE OFFICES ATLANTA & SAN FRANCISCO AND REFERRAL OFFICES FROM COAST TO COAST