I am a criminal trial lawyer.  I am in the Courtroom trying a case just about every working day.  That experience can pay off for you.

The practice of criminal law is an art.  There is really no “right way” or “wrong way”.  The bottom line is how you perform for your clients.  My past performance speaks for itself.  I have been there --- tried many cases and have the ability and knowledge to help you when you need it most.  Call my office so we can discuss your situation.

Below I have listed a brief overview of criminal justice laws.  Obviously this cannot be completely comprehensive because of the time and space involved.  However this may give you some help and understanding of  the process.

TABLE OF CONTENTS

            1. Police, Prosecutor, Arrest, Jail
            2. Bail
            3. Pre-trial Reporting
            4. Other
            5. Preliminary Hearing
            6. Arraignment
            7. Plea Bargaining
            8. Ominous
            9. Jury Trial
            10. Not guilty verdict, Sentencing
            11. Post Trial Rights
            12. Conclusion
            13. List of charges
           

Police/Prosecutor/Arrest/Jail

There are many ways that an individual in our society can be arrested by a police officer.  One of the most common ways is for a police officer to see a misdemeanor or felony being committed in their presence.  If this is the case the arresting officer simply takes the accused individual into custody and begins the booking procedure.  However there are other ways that an arrest can occur.  Another common methodology is for a police officer to simply suspect that a crime has been committed and to investigate that crime.  If they believe that there is enough evidence to prosecute that individual they will take the necessary steps to begin the investigation and follow through with the prosecution.  After the evidence is collected they will typically arrest the individual and send the information to the State Prosecutor or the Federal Prosecutor.  The Prosecutor’s job is to initiate and prosecute the criminal case.  The investigation file that the police officer hands in should summarize the events leading up to the arrest and provide other details and specifics such as the dates, times, locations and specifics about the alleged crime that occurred.  At that point in time the Prosecutor will decide whether or not they should go forward with the case as a misdemeanor and/or a felony and if so they will file the appropriate complaint with the Court in question i.e. either the District Court or the Circuit Court in the State system or the US District Court in the Federal system.  In essence, the Prosecutor is the individual or the individuals who decide whether or not the case should be pursued.  There are situations where a Prosecutor may decline to proceed on all the charges the police officer sets forth and in some situations they may decide to broaden the prosecution.

When individuals are taken into custody the Maryland Rules of Procedure require that they see a Commissioner within twenty four (24) hours of their arrest.  That means that the paperwork must be provided quickly and given to the Commissioner.

A case is usually kicked off when the police officer places the person under arrest.  An arrest technically occurs when the person has been placed in the police custody and is no longer free to have movement.  The use of physical restraints and/or hand cuffs does not necessarily always happen.  An arrest can occur when a police officer simply tells an individual that he is under arrest and/or not to move or to stay in a specific place.  Physical force is not necessary, although it occurs in some occasions.  The bottom line is that an arrest occurs when a police officer exercises “police authority” over a person and that person is in an involuntary submission situation. 

As I indicated the police officer may arrest a person when they observe a crime.  For example, if an officer sees a theft occurring in a store he may chase the thief.  Another situation is a DWI situation where a police officer pulls over an individual and determines that they are driving under the influence of alcohol. These situations are, simple but good examples.

Another situation is when a police officer simply has reasonable cause or reasonable belief based upon all the facts and circumstances that a person has committed or is about to commit a crime.  If that is the case a police officer may arrest that person.  Probable cause is required but can vary upon many different circumstances.  A police officer may have a hunch or a feeling that someone just committed a crime but they have to have reasonable suspicion.  They cannot stop and detain someone without just cause.                  

After the person is arrested they are taken into police custody and taken to the police station depending upon the location of the arrest or crime.  In Baltimore City a person is taken to Central Booking and they are “booked” and processed.  The police officer will taken the criminal suspect’s personal information including his name, date of birth, physical characteristics, sometimes they will question an individual about the crime and they will also do a search of the person’s background.  They will typically take fingerprints, photographs and search the suspect and confiscate any property carried by the suspect, i.e. keys, wallets, etc….  The person is then placed in a holding cell or the local “bull pen”. 

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Bail

Obviously, the highest priority of the person arrested and placed in jail is to get out.  That is where bail comes into play.  The usual way is to “post bail”.  Bail is cash or cash equivalent such as real property that the Court requires in order for a person to get out of jail to ensure that they will appear for trial.

A Defendant will see a Commissioner and the Commissioner is the individual who will preliminarily set the bail or no bail in the case.  If the Commissioner sets a bail bond amount that a person can afford then the person will usually bail out. 

In these situations my office offers a twenty four (24) hour bail bonds service through a highly qualified bail bondsman that we have a relationship with.  If you need bonds service please contact my office and we will make arrangements to put you in touch with “No Limit Bail Bonds, Michael Lee”. 

The decision as to whether or not to bail out is an important one.  In Maryland the Defendant must be brought before a judicial officer within twenty four (24) hours of arrest.  This person is usually a Court Commissioner.  If the bail is too high or denied the Defendant has the absolute right to seek a bail review the next business day before a District Court Judge.  However you have to be careful because a Judge could raise the bail amount or even deny bail all together. 

The United States Constitution requires that a bail not be excessive.  This means that the bail should not be used to raise money for the Government or punish a person simply because they are suspected of committing a particular crime.  The technical purpose of bail is to give an arrested person their freedom until he or she is convicted or tried for a crime and the amount of bail should not be more than reasonable necessary to keep her from fleeing and to assure his or her appearance in Court.  However, there are other factors involved.  The Court will take into consideration the community safety and the nature of the crime.  Sometimes Judges set high bail in particular types of cases, especially if it is a very serious case to keep the suspect in jail until the trial is over.  This is called preventive detention, although it violates the constitution sometimes it is difficult to show or prove that a Judge is doing that.  If you cannot afford the bail you are usually in a situation where you have to wait in jail until the trial.  However there are several methodologies and motions that I can file for you in order to try to persuade a Judge to get the bail lowered if you are in that situation.

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Pre-Trial

One of the best ways to be released is “on your own recognizance”.  This is simply when the Commissioner finds that based upon the type of crime and the Defendant’s background they are to be trusted and simply to be released on their own recognizance.  Sometimes you have to appear for a pre-trial “check in”.  That means that you would have to appear once a week sometimes more or less before and until your trial date.  The Court will typically take into consideration whether to grant someone release on their own recognizance the seriousness of the crime, the suspect’s criminal record, the danger the suspect may pose to the community and the suspect’s ties to family, community and whether or not they are employed.  Also whether they are represented by an attorney.

If it is determined that a person cannot be released by a Commissioner and/or the bail is too high and the Defendant seeks to reduce that bail the Judge will make a determination.  The Judge will look and examine the nature and circumstances of the charges.  They will look at whether or not these involve violence or narcotic drugs and/or other serious felonies.  The Court can also examine the type of evidence that the State has against the Defendant and whether or not the person was on parole and probation at the time of present offense.  Obviously the nature and seriousness of the evidence against the Defendant is in particular very important.  The Court will again look to the physical and mental condition of the Defendant, family ties and history of any past cases, length of residence in the community and the nature of the crime.

When a Defendant poses a particular threat to the community he or she will probably be held without bail or a Judge may require that a person limited to travel and/or maintain or seek employment and undergo a particular drug or alcohol testing or even mental or psychiatric treatment prior to the trial.

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Other Methods of Bail

Bail is simply an amount of money that a Defendant may be ordered to pay to be released from jail pending trial.  Most people hire a bail bondsman and the bail bondsman will require a certain percentage either ten percent (10%) or less of the require bail in order to get out.  Some bail bondsmen allow you to make payment plans.  A Judge may also allow you to post a “cash bail” and/or post real property if you have equity in the said property.  A bondsman if they post a bail for you technically they become a third party contractor between you the Defendant and the Court.  “Surety” is the insurance company that the bondsman uses in order to put the money up for you with the Court.  If the Defendant does not appear for trial that “Surety” insurance company will have to pay the Court monies as promised.  After the case is over if you posted a “cash bail” your money will be returned however if you pay the bondsman that money will not be returned.

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Preliminary Hearing

If the Defendant is charged with a misdemeanor and some limited felonies they are usually charged in the District Court.  Once you are released from jail you will receive a trial date and you will be required to appear in the District Court.  It is very important that you contact my office immediately to discuss these matters way before the trial date so we can take certain actions to protect your rights. 

If the Defendant has been charged in the Circuit Court that usually means that the Defendant has been charged with a felony and/or serious misdemeanors.  If the person has been charged with a felony they have the absolute right to request a “preliminary hearing” within ten (10) days from the date of their arrest.  Usually the Commissioner will address that with the individual.  My recommendation is that you always request a preliminary hearing.  The purpose of a preliminary hearing is to decide whether or not they have enough evidence to force the Defendant to stand trial.  When the Court makes this determination the Judge usually uses “probable cause” legal standard deciding whether the State has produced enough evidence that the Defendant committed the crime charged.  In other words, the Judge has to determine whether or not there is enough evidence for the State to at least proceed.  At a preliminary hearing the Defendant does not have the right to testify.  His/her attorney has the right to cross examine any witnesses placed on the stand by the State and/or Government but those questions must be directly related to the probable cause standard.

It is extremely important that you request a preliminary hearing since in many cases an attorney such as myself is able to find a way to have the felonies dismissed from your case.  If that occurs then your case will stay in the District Court as opposed to the Circuit Court.

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Arraignment

After all the initial items occur with a Defendant such as arrest, booking, bail and the basis of the criminal process you are then entitled to an arraignment if in fact your case is going to the Circuit Court.  At an arraignment the Court usually simply reads the criminal charges to the Defendant.  They ask the Defendant if he or she has an attorney or needs assistance of a Court appointed attorney.  The Court recommends that the Defendant get an attorney.  The Court will also ask the Defendant how he or she pleads to the charge, guilty, not guilty or no contest.  Sometimes in that situation the Court can determine whether to alter the bail or release the Defendant based upon the present circumstances as opposed to when the Commissioner and/or District Court Judge made the decision.  Usually that is not the case and usually bail will remain the same.  The Court will then give a court date as to the trial. 

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Plea Bargain

After the arraignment and your defense attorney has had an opportunity to talk to the prosecutor many times in these situation a “plea bargain” may occur.  In a plea bargain a Defendant agrees to plead guilty to one or more charges, often the charge is less from what the Defendant could have stood trial for in exchange for a more lenient sentence or for exchange for the fact that other charges may be dismissed.

In reality the majority of the cases are resolved through plea bargains.  If every case would go to trial our judicial system would come to a grinding halt and cases would be backed up for years and years and years, even more than they are.  Sometimes a plea bargain can be good especially if you have an experienced attorney that can use their skill in negotiating the type of arrangement that works best for the Defendant.  Practically speaking less than ten percent (10%) of criminal cases go to trial.  Sometimes Judges are receptive to plea bargains because it may alleviate the trial docket and/or may serve justice.

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Ominous Motions

For those situations where plea bargaining does not occur a Defendant may file preliminary motions by your attorney.  I typically will file my “ominous” motions at the same time that I file my entry of appearance as well as other standard motions.  I do this in every case to protect the Defendant in case an issue that we are not aware of arises at a later time.  If there are particular or specific issues that need to be addressed I will then file a motion tailored to that specific issue.  There may be situations where a police officer has improperly requested information from a Defendant without reading their Miranda rights or “trick them” into confessing to a crime.  In that case I would file a motion to suppress that statement so that it could not be used against the Defendant.

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Jury Trial

When you go to trial you have the absolute right to a criminal jury trial or a trial before a Judge.  A criminal jury trial there are twelve (12) individuals (a petit jury) that will sit and listen to the evidence from the beginning of the case until the end.  Usually the Court depending upon the length of the trial will appoint two (2) to four (4) alternate jurors in case someone on the jury gets sick and cannot continue.  The goal for the State or the Government is to convict the Defendant and to have the jury come back with a “guilty verdict”.  Obviously the goal of the Defendant is to have the jury to come back with a “not guilty verdict”.  In order for the jury to find the Defendant guilty each and every one of them has to find the Defendant guilty beyond a reasonable doubt.  Years ago the standard used to be “guilty beyond a reasonable doubt and moral certainty”, now it is simply beyond a reasonable doubt.  If one juror does not agree with the remaining eleven jurors then a verdict is not reached.  That works both ways.  That is then called a hung jury and if the Judge believes that a jury cannot reach a verdict then that jury will be dismissed.  It is then incumbent upon the State or Government whether or not they are going to recharge and retry the case against the Defendant. 

A jury trial will begin as follows.  The Defendant and the defense attorneys as well as the State get to pick a jury.  The Defendant depending upon what he or she is charged with has the right to strike jurors as well as the State.  After a jury is picked and seated opening statements by the State and Defendant occur.  Witness testimony and cross examination are the next phase and finally closing arguments by both parties.  A Judge will then give jury instructions to the jury and then the jury will deliberate and render its verdict.  Obviously I have simplified that process but that is the basic steps. 

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Not Guilty/Sentencing

If the Defendant is found not guilty that Defendant is released unless there are no other charges holding him or her.  If the Defendant is found guilty by the jury or if a plea bargain is entered a Judge will then “sentence” the Defendant.  The various types of sentences that may be imposed are incarceration in prison, incarceration in the local detention centers, fines, probation, sex registration if it is a sex case, a suspended sentence, restitution to the criminal victim, community service, home detention, drug counseling and treatment.  The Court will take in to consideration  the Defendant’s history or lack thereof, nature of the crime, the Defendant’s personal, economical and/or social circumstances, the remorse expressed by the Defendant, any statements made by your attorney.  Obviously sentencing is a very important aspect of any criminal case.  It is extremely important that you have an experienced trial attorney advising you as to how to go about a sentencing.  Many people think that it is simply enough to go up there and cry and/or plead and request leniency from a Judge.  In fact there are many more items and issues that should be addressed and the more detailed and aggressive your attorney that situation the better the sentence could be.

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Post Trial Rights

If the Defendant is not satisfied with a particular sentence that person may appeal their case generally within thirty (30) days from the date of the sentence, or they file a motion for new trial within ten (10) days of the trial or they file a motion to modify or revise the sentence within ninety (90) days from the date of the sentence.  If two (2) or more years of incarceration is imposed the Defendant may request a three (3) Judge Panel to review the sentence.

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Conclusion

In conclusion when a individual is charged with a criminal offense it can be a devastating situation for them individually as well as their family and friends.  The charging perpetrator is usually the State of Maryland or the Federal Government.  The authority for the Government to charge someone with a criminal offense is found in the United States Constitution and various State Constitutions.  These offenses usually stem from an investigation and/or incident where a private individual goes to the authorities and eventually the State or Federal Government decides to charge an individual with a statutory or common law crime. 

Our way of life as Americans is espoused in the United States Constitution and gives each individual certain individual rights and liberties.  These rights include the limitation of the State or Federal Government to deprive someone their life, liberty and property without due process of law.  Each State includes constitutional standards that must be met in order for a conviction to occur.  However, make no mistake the Government is not on your side and once they decide to charge you their goal is to simply convict you.  Quite frankly, most jurisdictions after they decide to indict or charge you are more concerned with the conviction and that is why you need an experienced law firm and criminal defense attorney such as James E. Crawford, Jr., LLC. to represent you in your case.  It is very important that you understand from the very beginning that the State and/or Government officials such as detectives and police officers are there to do one thing, that is to convict you.  Their techniques and way of getting you to say things that you may or may not say ordinarily are very convincing and have been polished and used over many, many years.  It is very difficult for an individual to be in a situation where they are alone with the detectives that are trying to tell them and convince them that they did something wrong and/or use other techniques that make you confess to something that you did not do.  It can be very difficult for the Defendant to simply say nothing or say that you want a lawyer, however that is what you must do in that situation.  It is imperative that you understand the cooperation at that point and time can usually do nothing to help you.  However, it can put you in a situation where anything you say may put you away in jail for many, many years.

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A Basic Listing of Potential Charges

Maryland Criminal Law can be broken down into two basic categories, felonies and misdemeanors. The following is a brief characterization of most of the common law felonies and misdemeanors in the State of Maryland.

• Murder
  
• Crimes against a person - assault, reckless endangerment, poison and other related crimes to physically harm another individual
  
• Sex Offense Crimes - these offenses include rape, sex offense, sexual assault, incest
  
• Robbery
  
• Kidnapping and abduction
  
• Abuse, neglect, child and vulnerable adults
  
• Extortion
  
• Stalking, harassment crimes
  
• Weapon offenses, fire arms, bullet proof vests, weapons
  
• Controlled dangerous substance (possession such as marijuana, cocaine, crack, heroine and other scheduled cds narcotic violations, prescription drugs)
  
• Property crimes, burglary, breaking and entering, destruction of property, trespassing
  
• Death Crimes
  
• Theft, stealing, grand larceny
  
• Fraud, bounced check, credit card misuse, theft, deceit
  
• Legal crimes, perjury, bribery, influence or intimidating, harboring, false statements

RESOURCE LINKS:

U.S. Courts: www.uscourts.gov
Baltimore County Circuit Court: www.courts.state.md.us/baltcty.html
Baltimore City Circuit Court: www.courts.state.md.us/baltcity.html

Sexual Offenses and other Related Crimes

Sexual offenses, internet child pornography charges, solicitation of a minor for sexual purposes, criminal sexual offenses including minors and children, rape, statutory rape, sexual abuse and sexual misconduct, sexual assault, indecent exposure and unnatural and perverted acts, sexual assault including weapons and other violent sex conduct Sex Crimes - sex crimes are a broad category that includes the variety of common offenses such as child abuse, child enticement, child pornography, child procurement, child exploitation, date rape, rape, failure to register, indecent exposure, internet porn, eluding, lascivious, lude conduct, marital rape, molestation, obscenity, pedifilia, pimping, pandering, pornography, prostitution, rape, sexual offense, sexual abuse, sexual assault, sexual harassment, statutory rape, sodomy.

These crimes usually include acts of unwanted physical conduct for the purpose of personal sexual gratification. Many sex crimes are considered felonies. In some States such as Maryland the law includes provisions against aggressive sexual suggested statements or when physical contact occurs. Physical contact is unwanted if the victim did not legally consent to such conduct — saying no, physically objecting, or being intoxicated or incapacitated to the point of not being able to give consent. The consequences for the conviction of rape or any other sexual related offenses are severe and can include lengthy prison sentences, significant fines, mandatory aids testing, Court ordered rehabilitation, loss of your right to vote, loss of your right to possess a weapon, and requirement to register as a sex offender typically for the rest of your life if and when you are released from jail.

Likelihood of many of these consequences depend upon a number of factors including mitigating and aggravating circumstances, whether or not you are currently on parole or probation, any prior convictions, specifically sexual convictions, your community and/or your Court's attitude about these offenses, level of attention your case is receiving in the media, and the quality of legal representation.

It takes a firm such as James E. Crawford, Jr. Law Firm that know how to deal with Federal and State authorities when it comes to defending an individual against sex crime charges.

Criminal Law — "How it works"

When an individual is charged with a criminal offense, they are usually charged by the "State" or by the "Federal Government". The authority for a government to charge someone with a criminal offense is found in the United States Constitution and various State Constitutions. The criminal offense usually stems from an investigation and/or an incident where a private individual goes to the authorities and eventually the State or Federal Government decides to charge the individual with a statutory or common law crime. The legislatures in various States as well as Congress define and create laws which are constantly changing on a year to year basis. However, there are "common law" crimes that have evolved over many years which are still active today. Definitions can be nebulous and differ from jurisdiction to jurisdiction.

Our way of life which is espoused in the United States Constitution gives each individual certain rights and liberties. Theses rights include the prohibiting of a State or Federal Government to deprive someone of their life, liberty or property without due process of law. Therefore each jurisdiction includes constitutional standards that must be met in order for a conviction to occur. However, make no mistake, the government is not on your side and once they decide to charge you their goal is to convict you. Quite frankly, most jurisdictions, after they decide to indict or charge you, are concerned more with the conviction than doing justice.

That is why you need an experienced law firm and criminal defense attorney such as James E. Crawford, Jr. to represent you in your case. It is very important that you understand from the very beginning that the State and/or Government officials such as detectives or police officers are there to do one thing, that is to convict you. Their techniques and way of getting you to say things that you may or may not say ordinarily are very convincing and have been polished and used over many, many years. It is very difficult for an individual to be in a situation where they are alone with detectives who are trying to tell them and convince them they did something wrong and/or use other techniques that may make you confess to something you did not do. It can be very difficult for you as a defendant to simply say nothing or say I want a lawyer, however, that is what you must do in that situation and it is imperative that you understand that cooperation at that point in time can usually do nothing to help. However, it can put you in a situation where anything you say may put you away in jail for many, many years.

The Trial Process.

After you are charged with a crime depending upon which jurisdiction you are charged the rules and procedures kick in. First, if you are in District Court you are entitled to see a judicial officer who will advise you of certain rights. One of those rights is to obtain an attorney and I strongly advise you to do that immediately if you are charged. It is imperative that a defense attorney get involved in the case at the very early stages before interrogation occurs if possible. The arresting officers have the duty to inform the Defendant that they have the right to an attorney and they may not say anything and anything that you do say can be used against you. These are called Miranda warnings.

Many times in a felony case you have the absolute right to a trial by judge or jury. Sometimes a jury can be good and sometimes a judge can be good. It depends upon the situation and the trial Court you may be in. That is why you need to rely on an experienced trial attorney who has been practicing in those Courts for many years to advise you as to which road to go down. Many times a plea negotiation occurs and that can be to the benefit of the Defendant. It is imperative that the Defendant and the experienced trial attorney communicate effectively to determine what is in the best interest of the Defendant. The State or Government must prove their case beyond a reasonable doubt and if they can not do so then the jury and/or the judge should find the Defendant not guilty.

When you are charged with a crime it could be one of the most frightening and stressful situations that you may ever encounter in your life. Remember that the State or Government is out to do one thing in that situation and that is to convict you and/or deprive you of your property and/or liberty. You must contact a defense attorney immediately in order to work through these issues and to zealously represent you and to minimize the possibility of you going to jail.

Process of a Criminal Case

Remember at the beginning of any criminal case you have the absolute right to an attorney whether the attorney is appointed as a public defender or you hired an experienced law firm such as James E. Crawford, Jr. to represent you. It is your choice but be aware that the law contains an infinite number of loop holes. You have certain constitutional rights that must be looked at immediately to determine what direction you will be proceeding in regarding your case.

Some Constitutional rights include, 1) right to a lawyer, 2) right to testify on your own behalf, 3) right to cross examine and confront witnesses, 4) right to remain silent, 5) right to a speedy trial, 6) right to use Courts process of service to compel, 7) right to a jury trial and/or judge trial. Remember, You have the absolute presumption of innocence.

Difference Between Misdemeanor and Felony

Generally a misdemeanor crime is punishable up to one year in County jail. Misdemeanor trials are held in the State's lower Court such as the District Court. A felony is punishable by one year or more in the State prison or penitentiary. Felonies usually begin in the State's lower Courts and move up to the State's higher Court such as the Circuit Court.

A misdemeanor or felony arraignment process are virtually identical to the other with one exception. Arraignment, pre-trial conference, trial, sentencing, appeals.