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). |
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