Willis & Henderson, P.A., has extensive experience
defending clients against criminal charges.  For example, John
Willis has been named a Super Lawyer for criminal defense by
Baltimore Magazine for the second year in a row.  

Although you could certainly represent yourself, you owe it to
yourself to have competent legal representation, particularly
when you are facing time in jail.  The legal system is
complicated and sometimes mysterious.  There are rules that
must be followed, deadlines that need to be met, and the
system has little sympathy for the defendant.

A few important topics are briefly discussed below to give you
some idea of what is going on in a criminal case, and to help
you realize that it is complicated and you need help navigating
the system.

The fact that you are reading this probably means that you or
someone you know has been charged with a crime.  This
section is intended to give you an idea of what to do, what not
to do, and what the process is if you are arrested or charged
with a crime.

If you are charged with a crime, either you will be arrested or
you will be sent a criminal summons telling you what you have
been charged with, and where and when and to appear in
court.  If you receive a criminal summons, you should consult a
lawyer as soon as you can.  Lawyers are very busy, and will not
be able to help you if you call only a short time before the
trial.  Call when you get the summons.

If you receive a notice that there is a warrant for your arrest,
you will need to turn yourself in.  In come counties you can
arrange a time and place with the police to turn yourself in so
they don’t show up at work, or at your home. You should
contact a lawyer before doing so.

WHAT TO DO WHEN YOU ARE ARRESTED

When you are arrested there are a few rules to follow:

Rule No. 1: Shut up. Everything you say can and will be used
against you. These are words that every school boy knows, and
they are words to live by.  When you are arrested, the police
will probably try to sweet talk you into making a confession and
signing it.  They will promise that things will go easier on you,
that if you tell everything you did they will not charge you with
any new crimes, they will put in a good word for you, and
other such statements which, shall we say, are misstatements
of the truth.  They will try to get you to sign a waiver of rights,
and to write out a confession and sign it.  Or the cop will write
it for you, have you read it, make corrections that you initial,
and sign it.  (The corrections and initials part is an old cop trick
to show that you read it and knew what was in it, and that it
was voluntary; the errors are intentional.) Remember, when
the police arrest you, they believe with all their heart that you
are a criminal, and that you are guilty of the crime with which
you have been charged.  Although they may act nice and
polite, they think very poorly of you, and wish only to have
you confess so their job is easier.  Don’t talk to them.

Don’t say anything and don’t sign anything (except routine
administrative documents).  Politely tell the police that you
would like to cooperate, but that you need to talk to your
lawyer, and wish to have your lawyer present during any
questioning. Then don’t say anything else.
                               
The fact is, the police have no power or authority with respect
to working out a deal for you; only the State’s Attorney can do
that.  Will you see a State’s Attorney in the interrogation
room?  No, there will be just cops.  Maybe good cop and bad
cop were there, but there was no State’s Attorney.  And
whether it be good cop or bad cop, they are not there to help
you, and they are not your friend.  They are there because they
believe that a crime was committed and that you did it.  That
makes you a dirt bag in their eyes.  I assure you that if you do
confess to anything for which you have not yet been charged,
you will be charged, no matter what they tell you.  That’s what
cops do.  Don’t say anything, other than that you want to talk
to your lawyer.

We are not suggesting that you cop an attitude or be rude to
the police.  Quite the contrary. Be courteous, respectful, and
polite.  Call them “sir” or “ma’am.”  Do what they tell you to
do (except confess), and behave.  They are mean and they will
hurt you.  You have enough trouble.

If you have already been arrested, unless you have some
experience with that process and knew to be quiet, or to
“lawyer up,” you probably already confessed.  You can at least
limit the damage by not saying anything else.  Call a lawyer,
pronto.

Rule No. 2: See Rule No. 1.  

Rule No. 3: Be cooperative, polite, respectful, and do as you
are told (except confess).  Do not argue with the police, or
fight them.  You will lose.

Rule No. 4: Do not waive your rights.  You will be given
several papers to sign.  They are generally routine documents
that you should read and then sign.  But look for a document
that says you know your rights, that you have been advised that
you don’t have to answer their questions, that you have a right
to a lawyer, etc., but that you waive these rights.  DON’T DO
IT. You are not required to sign away your rights.

Rule No. 5: Call a Lawyer. Call Jack Willis or Mike Henderson,
410-461-9400.

BAIL

If you are arrested you will be brought before a commissioner
who will determine the terms of your release, which will be a
factor of your criminal record, your ties to the community, and
the nature of your crime.  If you were arrested for something
small and have no criminal background, you will probably be
released on your own recognizance.  If you did something
serious, have a serious criminal record, or have a history of not
showing up to your court dates, you will end up with a bond
that will be set in an amount that satisfies the commissioner’s
that you will show up for trial.

Sometimes you may be able to get a 10% bond, where you only
need to pay 10% of the total bond into court.  Ask for it.  If not,
you either need to come up with the whole thing, or go to a
bail bondsman, who will charge you 10% of the bond as his fee,
which you will not get back.

If you can’t afford the bond the commissioner gives you, you
will stay in jail until you raise the bond, or it is reduced.  
Usually there is a bail review hearing within a day or so (i.e.
when the court is in session) where a judge will determine
whether to reduce your bail or not.  This is a good time for you
to have a lawyer.  Sometimes the judge will feel better about
letting you out (will be less concerned that you will flee) when
you have a lawyer.  If you get locked up and can’t make bail,
call a lawyer.

If you pay the bond and fail to appear at your trial, or for any
court date, there will be bench warrant for your arrest issued,
and you will forfeit the bond.  If this happens, and you have a
reasonable excuse, a lawyer may be able to help get the
warrant quashed (taken off) and the bond reinstated.

PRELIMINARY HEARING

When you are arrested and are before the commissioner, you
will be told that you have 10 days to request a preliminary
hearing if you are charged with a crime outside the jurisdiction
of the district court (all commissioners work at the district
court, and that is where you will be taken when arrested).  
Most felonies (with some exceptions, such as felony theft) are
outside the jurisdiction of the district court, and will need to
go to the circuit court.  The purpose of the preliminary hearing
is to determine whether there is sufficient evidence for the
court to find probable cause that you committed the crime.  
That is a low standard and will almost always be met.  You are
not allowed to present evidence or testify at the preliminary
hearing, but you have the right to cross examine witnesses.  If
you request a preliminary hearing, the State’s Attorney may just
go ahead and indict you, at least in some counties.  Contact a
lawyer if your think you may want a preliminary hearing, or you
have requested one and it is already scheduled.

FELONIES AND MISDEMEANORS

In Maryland, as in most places, crimes are broken down into
these two categories.  Generally, felonies are more serious
crimes than misdemeanors.  For example, Maryland has the
crime of “theft.”  Theft over $500 is a felony, less than $500 is
a misdemeanor.  That doesn’t mean, however, that the penalty
for a misdemeanor is light.  Some carry sentences of 10 years or
more.  The only way to tell whether a crime is a felony or a
misdemeanor in Maryland is to read the statute.

Most misdemeanors are within the exclusive original
jurisdiction of the district court, and felonies are in the circuit
court, although there are some exceptions.  A misdemeanor
that starts out in the district court may end up in the circuit
court if the defendant requests a jury trial, or if there is an
appeal.

JURY TRIAL

Anyone charged with a crime that carries a penalty in excess of
90 days is entitled to a jury trial, whether a felony or
misdemeanor.  If the case started in the district court, it will
be transferred to the circuit court upon requesting a jury trial.  
If the case is in the district court and you do not request a jury
trial, the case will be heard by the judge (a so-called court
trial), and he or she will decide your guilt or innocence.

Juries consist of 12 people chosen at random from the motor
and voter registration rolls of the county in which the case is
being tried.  You and your lawyer will go through a process of
jury selection on the day of trial.

APPEAL

All criminal cases have a right to an appeal, which must be
requested in writing within 30 days of sentencing.  If the case
was heard in the district court, your appeal will be to the
circuit court, where you will have a whole new trial.  If the
case was in the circuit court, the appeal will be to the Court of
Special Appeals, and will be heard on the record.  That is,
there will not be a new trial, but the appellate court will look
at the record and decide whether there was any mistake made
and, if so, whether it warrants return or remand to the circuit
court.  That description is somewhat of a simplification.  If you
wish to appeal your case, you need to tell your lawyer right
away.  If you miss the 30 day deadline, you are out of luck
(although there may be exceptions to this rule that your lawyer
can help you with).


        
Willis & Henderson, P.A.
Attorneys at Law
3290 North Ridge Road
Suite 210
Ellicott City, MD 21043

410-461-9400
Criminal Defense     
If you are charged with a crime, you need a lawyer

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