Criminal Law and Traffic Violations
Many issues confront those charged with criminal and "must appear" traffic offenses, including the possibility of incarceration, the effect of a conviction on their driver's license, and the ancillary aspects of a conviction, such as the impact on their employment, ineligibility for student loans, ineligibility for certain jobs, and a negative impact on obtaining U.S. Citizenship.
DO NOT WAIT TO CONTACT AN ATTORNEY!! Each case needs to be evaluated independently and early-on by a qualified attorney in order to assess the best course of action. It is important to get to an attorney right away, because with some issues, like DUI/DWI there is only a ten (10) day window to request an administrative hearing with the Motor Vehicle Administration and insure that the driver's licence will not be suspended on the 45th day after receiving the charges. There are additional time constraints to worry about: the time for requesting the Chemist, in a drug case, the time for requesting the Technician in a case that involves a blood alcohol level, and the time for filing Motions to Suppress evidence. In more serious cases, there are time elements involved with Expert Witnesses, DNA, ballistics,and other forensic evidence.
WHAT TO DO WHEN CONTACTING AN ATTORNEY: When you decide on an attorney to contact, have your tickets, charging documents, bond review documents and any other papers given to you by the commissioner or charging officer in front of you. Be prepared to get to a fax machine so that you can fax those papers to the attorney for an initial evaluation of your case. Do not lose precious days waiting for an attorney to call you back. You should get a call back, even from the busiest attorney (not a secretary) within 24 hours of your initial call. If you contact an attorney by email, there is a chance to explain something about your case. Take that opportunity and spell the matter out clearly. You should include a telephone number and an email address in your request for information. Email should be sent using the button at the top of the Home Page of this website, or to kathleen@kathleensmithlaw.com.
WHEN YOU HIRE AN ATTORNEY: Make sure the attorney provides you with a written fee agreement. Be sure and ask about any pre-trial mitigation the YOU can do, in the event you matter goes to trial (such as enrolling in an alcohol or drug program, entering rehab, attending Anger Management classes). Also, review your bond review sheet carefully with the attorney. It may specify that you cannot have contact with certain individuals, or that you must, or must not do certain things while you are awaiting trial. Above all, do not have any further contact with law enforcement without first speaking to your attorney. You could severely compromise your case if you speak to the police alone. If the police try to contact you, advise them of the name, address and phone number of your attorney, and state that you do not wish to speak with them further.
Traffic Violations
Even minor (payable) traffic violations have new requirements.
Beginning on January 1, 2011, anyone charged with a minor or payable traffic violation (such as speeding, running a red light, failure to wear a seatbelt or the like) is required to do one of three things: 1.) pay the ticket and accept any Points or other consequences, 2.) request a trial, or 3.) request a waiver hearing. In any event, one of these things must be done
within 30 days of receiving a ticket.
Requesting a trial entitles the motorist and his or her attorney to confront the charging officer, to cross-examine the officer, to offer witnesses and testimony in his or her own behalf, and to address the Court on sentencing, if a guilty finding is made.
Requesting a trial is the only real chance that a motorist has of being found "NOT GUILTY." Requests for Probation Before Judgment can also be made at the appropriate time. To request a trial, the motorist must mark the correct area on the back of the ticket and mail it in to the District Court of Maryland within 30 days of the date on the ticket.
Waiver hearings differ from a trial in that the charging officer is not present and the motorist pleads guilty. This allows the motorist to appear before a judge, with counsel, if so desired, and explain the circumstances that led to the ticket. Counsel is helpful even to a motorist who is "GUILTY" of the offense, because the attorney may be able to ask for "clemency" or to request a Probation before Judgment. To request a waiver hearing, the motorist must mark the correct area on the back of the ticket and mail it in to the District Court of Maryland within 30 days of the date on the ticket.
"MUST APPEAR" offenses, such as DUI or DWI, Driving on a Suspended Licence, etc., carry the possibility of jail time. In these matters, a trial date will automatically be set, just as before the enactment of the new law. In matters where your personal liberty is at stake, it is always advisable to have an attorney.