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Understanding Plea Deals in Criminal Cases
If you’ve been arrested for a criminal offense, such as drug charges, and you live in Annapolis, there is no guarantee that your case will go to trial. If the prosecutor thinks that his or her evidence against you is weak, then there is a possibility that the charges will not be pursued. Even if the prosecutor does pursue your case, your criminal lawyer might raise the possibility of plea bargaining. A plea deal isn’t right for every defendant. You’ll need to carefully consider this option with the help of your criminal lawyer.
Definition of Plea Bargaining
Plea bargaining is a way for a criminal case to be resolved without the need for a criminal trial. A plea deal requires that both the prosecutor and the defendant arrive at an agreement. In this agreement, the defendant enters a guilty plea with the criminal court system.
Benefits of Plea Deals
It might seem disadvantageous for a defendant to enter a guilty plea without being represented at a trial, but there are certain benefits to this arrangement. Usually, plea deals involve the defendants pleading guilty to lesser charges that carry lighter sentences. For example, the defendant might plead guilty to driving while under the influence (DUI) instead of aggravated DUI. Alternatively, a defendant might plead guilty to the original charge with the understanding that the prosecutor will recommend a light sentence to the judge. The main benefit of plea deals for defendants is that it’s possible they will receive less time behind bars or an otherwise less severe legal punishment. Some defendants prefer plea deals because the outcome of a trial is uncertain and it’s possible that should a trial result in a conviction, the defendant would face harsher penalties. Additionally, criminal trials can bring unwanted publicity for the defendant.
Drawbacks of Plea Deals
If you’re considering accepting a plea deal, it’s important that you fully understand the potential drawbacks. The prosecutor may promise to recommend a light sentence, but you should know that the judge isn’t bound by these recommendations. If you plead guilty, the judge could still decide to sentence you to the maximum allowed penalty. Additionally, there is always a chance that a trial would result in an acquittal. Before making your decision, carefully discuss this matter with your criminal lawyer.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.
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Are You Obligated to Take a Field Sobriety Test?
If a police officer pulls you over on suspicion of traffic violations, he or she may request that you step out of the car and perform field sobriety tests. These tests include tasks such as walking heel-to-toe in a straight line. They are intended to provide further probable cause for police officers to arrest you and charge you with DUI or aggravated DUI in the Annapolis area. Unfortunately, it’s entirely possible for people who are not intoxicated to fail these tests, particularly when it’s nighttime and the individual is disoriented from having been pulled over.
As you’ll learn when you watch this video, field sobriety tests are not the same as chemical tests. Unlike chemical tests, it is not mandatory for a person to submit to field sobriety tests in Maryland. If you could be facing DUI or aggravated DUI charges, you have the right to request to be taken in for a chemical test instead. You also have the right to call a criminal lawyer if you are arrested.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.
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Proving Liability in a Truck Accident Case
Every accident case involves unique issues , but to prove liability, there are a few basic elements that must be present in the case. The defendant must be shown to have breached his or her duty to exercise reasonable care toward the plaintiff and that breach of duty must have caused the plaintiff’s injuries. To demonstrate these elements, a personal injury attorney located in Annapolis may gather physical evidence such as police reports, traffic camera footage, and medical records. The injury lawyer can also interview eyewitnesses; their statements may substantiate the claims of the plaintiff.
When reviewing the available evidence, the injury lawyer will look for acts of negligence or recklessness that the defendant may have committed. For example, the police reports may indicate that the truck driver was speeding, following too closely, or not obeying traffic signals. In some personal injury claims that involve truck accidents, other defendants may be named, such as the truck company or the manufacturer of truck parts. An injury lawyer may use internal records from those defendants to assess liability.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.
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A Closer Look at Drug Manufacturing Charges
Drug charges are taken very seriously in state and federal courts. Illegal drug manufacturing in particular can lead to a lengthy term behind bars compared to simple possession charges. If you’ve been arrested on drug charges near Annapolis, it’s in your best interests to contact a criminal lawyer as soon as possible. Your lawyer will explain how the law applies to your case and what the potential legal penalties are if you’re convicted.
Criminal Codes
Drug manufacturing charges are covered under Maryland criminal code section 5-603 . This statute explains that in the state, it is illegal for a person to manufacture a controlled dangerous substance. It is also illegal for a person to possess, manufacture, or distribute any piece of equipment, machinery, or instrumentation that can be used or adapted to manufacture a controlled dangerous substance. A person can be convicted if he or she is determined to have dealt with this sort of equipment in circumstances that would cause someone to reasonably believe that the defendant had the intent to use the equipment to produce, sell, or dispense a controlled dangerous substance.
Potential Penalties
Drug manufacturing charges are typically prosecuted as felonies, compared to the misdemeanor charges that are typical of simple possession cases. Your criminal lawyer will let you know what the specific penalties are for your case. Depending on the exact charges, you could be facing up to five years in prison and a fine of up to $15,000. For a second offense, you could face a mandatory minimum of two years behind bars without the possibility of parole. Other related felony charges could result in up to 20 years in prison and a fine of up to $25,000. Repeat offenders can be sentenced to no fewer than 10 years in prison and a fine of up to $100,000.
Defense Strategies
Defending from a charge of drug manufacturing is often more complicated than developing defense strategies for a possession charge. However, there may be ways of mitigating the circumstances. It might be possible to argue that the manufacture of the drugs was for personal use only, rather than for sale or distribution. If the defendant was found with the ingredients for drug manufacturing, but no finished product, then it may be possible to argue that the ingredients were intended for legitimate purposes.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.
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A Look at the Most Common Causes of Car Accidents
Car accident cases are among the most common types of cases that personal injury lawyers handle. Although some car crashes may be attributable to inclement weather or auto manufacturing defects, the majority of them are the fault of one or more drivers. If you or a loved one has been injured in a car accident, your personal injury lawyer will evaluate the case to determine the most likely causes of the crash. The cause of the crash plays a vital role in determining liability, which can help you recover damages with a personal injury claim filed in Annapolis.
Distraction
Distracted drivers are a major threat on the nation’s roadways . Personal injury claims may arise from crashes caused by drivers paying more attention to their cellphones than to the road. Electronic gadgets in vehicles aren’t the only source of distraction. Drivers who gawk at accident sites may end up causing a crash themselves. Drivers can also be distracted by conversing with passengers, eating, grooming, changing the radio station, or checking GPS devices.
Sleep Deprivation
Sleep deprivation is often overlooked as a major cause of car accidents. In fact, being excessively fatigued can be as dangerous as being impaired by alcohol or drugs. It isn’t necessary to fall asleep at the wheel to cause a crash. A sleep deprived driver has impaired reaction time, poor judgment, and poor attentiveness. These functional impairments can easily lead to a car crash.
Intoxication
Despite the harsh legal penalties for drunk driving and the fact that its many dangers are commonly known, there are still thousands of drivers who drink before getting behind the wheel. Getting drunk impairs one’s judgment, which leads individuals to mistakenly believe that they are fully capable of driving. However, this is no excuse for jeopardizing public safety. Drunk drivers who cause multiple vehicle accidents may face civil lawsuits as well as criminal charges.
Aggression
Being stuck in traffic isn’t generally a pleasant experience, but most drivers handle these setbacks in a mature fashion. Those who don’t may exhibit aggressive driving behaviors. They may tailgate, speed, or unsafely pass other vehicles—all of which can contribute to crashes.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.
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Dealing with Police Searches at Traffic Stops
In most cases, when a driver is pulled over for traffic violations, he or she is given a citation or a warning and is let go without further incident. However, sometimes police officers may suspect that the driver is violating additional laws, such as those that may lead to drug charges. This may lead an officer to request a search of the vehicle . When this happens, the driver may get into further legal trouble and require the assistance of a criminal defense attorney in Annapolis.
You can watch this brief video for an overview on search and seizure laws. It explains Fourth Amendment rights through the eyes of Daryl, a young driver who has been pulled over for traffic violations and is asked to exit his vehicle. When he makes the mistake of leaving his car door open, the police officer asks Daryl if he has any drugs and if he minds if the officer takes a look. As soon as Daryl says “No,” he gives up his Fourth Amendment rights, even though it may not be clear to him whether he is answering the first or second question.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.
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Protecting Your Rights During Your Arrest and Booking
The arrest and booking processes can be overwhelming for defendants, even for those who have been arrested on prior occasions. Regardless of whether you committed the offense or not, you will need to take the same steps to protect your legal rights and preserve your freedom. As soon as possible, identify a reputable law firm in Annapolis that handles drug charges and other criminal cases. Contact the criminal lawyer and notify him or her that you have been arrested and you require legal representation.
Remaining Silent and Calm
One of your most basic legal rights is the right to avoid self-incrimination by remaining silent when police officers ask you questions. You should exercise this right immediately. Many defendants make the mistake of answering questions initially because the questions seem harmless. In fact, any information you provide could be used against you in ways that you might not anticipate. Additionally, the officer may later ask you a question that you definitely do not wish to answer. Invoking your right to remain silent at that point after having answered previous questions may appear suspicious to the officer. Similarly, you shouldn’t give the officer an excuse to add additional charges. Keep your body language non-threatening and your demeanor calm.
Cooperating to a Certain Extent
When you are brought to the precinct for booking, you will be asked for basic information such as your full name and address. You should answer these types of “pedigree” questions honestly, although you should still continue to remain silent when asked questions about the alleged incident or other issues. At this time, you will also have your photograph and fingerprints taken. You will need to surrender personal property, for which you will receive a voucher. Go through these requirements in a calm, cooperative manner to prevent additional problems.
Calling a Criminal Defense Attorney
Exercise your right to call a criminal lawyer as soon as possible. When you meet with your lawyer, you should remember that anything you tell him is strictly confidential. Full disclosure and complete honesty are essential; otherwise, your lawyer may experience problems when developing your legal defense strategies.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.
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Fighting Back Against CDL Violations
Traffic violations are particularly serious for commercial drivers, who rely on their licenses to earn a living. Unfortunately, CDL violations are also taken seriously in the eyes of the law, since negligently or recklessly handling a big rig can have much more disastrous consequences than the same errors committed with a passenger vehicle. Traffic violations for commercial drivers may include following too closely, speeding, making improper lane changes, and operating the vehicle while impaired by drugs or alcohol. If you’ve been accused of any type of CDL violation, you need the legal advocacy services of a seasoned criminal attorney in Annapolis.
Some commercial drivers may be tempted to simply plead guilty, pay a fine, and try to move on with their lives. But doing so can have significant consequences down the road, since points may be assessed on the license. An experienced traffic lawyer can represent you in court and argue for the traffic violations to be dropped or reduced.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.
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Hiring an Attorney to Fight Violent Crime Charges
Violent criminal offenses are considered to be among the most reprehensible. They include charges such as assault and battery, domestic violence, armed robbery, kidnapping, and child abuse—just to name a few. If you’ve been accused of a violent crime , you need an experienced criminal lawyer on your side. Contact law firms in Annapolis that offer skillful representation by criminal lawyers.
During your consultation with your criminal lawyer, he or she will ask you some questions about the alleged incident and consider what defenses you might have. Remember that anything you tell your attorney is strictly confidential; your attorney is not allowed to repeat confidential information to anyone else, including your family members, without your permission. It’s important to fully disclose your role in the alleged incident, if any, so that your attorney can better protect your interests and uphold your legal rights. If you inform your attorney that you did commit the crime in question, your lawyer will still craft legal strategies to help keep you out of jail. For instance, an affirmative defense in an assault case is self-defense. Your lawyer will use the facts of the case, witness statements, and any available physical evidence to defend you.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.
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Questions and Answers About Personal Injury Case Settlements
Each personal injury claim filed in Annapolis involves unique issues. Whether or not to accept a settlement offer is entirely the decision of the claimant. Your personal injury lawyer can offer legal guidance and answer your questions about the settlement offer, but he or she cannot make the decision to accept or reject it.
What is a personal injury settlement?
Your injury lawyer may try to negotiate for a settlement offer on your behalf. A settlement is an arrangement in which you agree to drop the lawsuit in exchange for accepting a specified sum of money for your losses. A settlement is not an admission of liability on behalf of the defendants. A settlement offer may be extended at any time. Even if your case goes to trial, a settlement may still be possible before the trial concludes.
Will I receive more money if the case goes to trial?
Unfortunately, there is no way for a lawyer to determine the outcome of personal injury claims that go to trial. It is certainly possible for you to recover more money if your case results in a jury verdict that is favorable to you. However, there is no guarantee of this. If your case goes to trial, there is also a possibility that you will lose the case and recover no compensation.
Is the settlement offer reasonable for my case?
Your personal injury lawyer will draw on his or her years of litigation experience to assess whether the defendants are offering you a fair settlement, given the facts of the case and your damages. Your lawyer will, with your permission, submit a counteroffer to the defendants to try to negotiate for a higher settlement.
What should the settlement pay?
A personal injury settlement should compensate you for all of the damages directly related to the incident in question. If you accrued medical expenses and lost wages, the settlement should cover those losses. The same applies to property damage if the case involved a car crash or similar accident. A settlement should also compensate you for your pain and suffering.
What happens if I do not agree with the settlement?
You are not required to accept a settlement offer. If you choose not to accept it, your lawyer will litigate your case in court.
Disclaimer: This article provides general information about the topics discussed and does not qualify as legal advice. Every case is different and the laws applicable to each case may differ. If you have a legal matter, you should speak to an attorney to get advice on your particular situation.