Most people never expect to need a Maryland criminal defense attorney. However, things can happen unexpectedly. If you have been accused of a crime, your criminal defense attorney can serve as both ally and guide, helping you through to navigate the process and build your defense. Of course, not all criminal defense lawyers are the same. Provided here is a basic guide to hiring a criminal defense attorney.

Finding an Attorney

A quick look in the Yellow Pages or search on your favorite internet search engine will reveal numerous advertisements for criminal defense lawyers. The first step is to narrow the field to a few potential candidates.

Interviewing an Attorney

Many people are intimidated by lawyers, and forget that the criminal defense attorney is ultimately a service provider. It is very important to interview potential lawyers to find the one that is best for you.

You will want to get a feel for the attorney’s personality. Ideally, your personalities will mesh. This will permit you to work as a team. It is not necessary to become friends, but you should be able to trust and respect each other.

Negotiating a Fee

When asking for a quote, be sure that you understand exactly what is included. Besides the lawyer’s time, you may be responsible for filing fees, copying, phone calls and other fees. If these costs are not included in the quote, ask for an estimate.

The Bottom Line

Hiring a criminal defense attorney is an important process and should not be taken lightly. Your lawyer will be your ally and guide during a difficult and scary time in your life. Gather personal recommendations, interview a few candidates, and select the attorney that makes you feel the most comfortable.

Criminal defense can be confusing to many people. If you are accused of a crime, you may wonder what will happen next. You may not know how to hire a Maryland lawyer or what to do to defend yourself. Fortunately, in the United States, criminal procedure follows a series of steps. Knowing how the process works can help you to stay calm and make the correct decisions. Each case is different, so it is important to retain a criminal defense attorney in your location. Provided here is a general guide to criminal procedure.

Hiring an Attorney

When you are accused of a crime, your first step should be to hire a qualified criminal defense lawyer. Although you are entitled to defend yourself, this is not the best option. Unfamiliarity with the process could cause you to lose your case.

Remember that if you are unable to pay for an attorney, you are entitled to the services of a public defender. Whether this is the right option for you depends on your personal circumstances. Many public defenders are honest and hardworking, and will do the best that they can for each client.

Pretrial Phase

You and your Maryland attorney will work hard during the pretrial phase to prepare an appropriate criminal defense. There is paperwork to be filed, evidence to be gathered and witnesses to be collected. Ordinarily, your attorney will handle most of these tasks, asking for your input as required. If you are paying for your own attorney and costs are a concern, you may be able to negotiate to handle some tasks yourself that would normally be taken care of by an assistant. Ask if this is a possibility.

The Trial

This is your chance to demonstrate your innocence. Remember that the burden of proof is on the prosecution to prove that you committed the crime, not on you to prove that you did not. Your attorney should explain to you exactly what will happen and help you decide how best to plead your case. Although it is natural to be nervous, your job is simply to show up and tell the truth.

The Bottom Line

Criminal defense is a complicated topic. In the United States, the justice system follows a series of logical steps and procedures. A criminal defense attorney who is familiar with these procedures and skilled at preparing a defense is an essential ally in the process. Listen carefully to your lawyers instructions and take things day by day.

Although criminal defense may take many forms, it begins with the invocation of certain basic Constitutional rights. These rights are commonly known as Miranda rights. Most Americans have a basic awareness of the Miranda rights, but may not know exactly what is involved. If you are unsure whether your Miranda rights have been violated, it is important that you seek the advice of a qualified maryland criminal defense lawyer. Provided here is a general guide to Miranda rights, which is not intended to serve as legal advice.

Miranda v. Arizona

Miranda rights are named for Ernesto Miranda, who was arrested for rape in 1963. At that time, defendants were not informed of their rights, but were granted permission to speak with a criminal defense lawyer if they requested it.

Miranda was interrogated and confessed. He was then convicted based solely on the strength of his confession. Although his court-appointed lawyer appealed to the Arizona Supreme Court, that court affirmed the trial court’s decision.

Eventually Miranda’s case reached the United States Supreme Court. In a landmark decision, that court ruled that because police interrogation is by nature coercive, confessions could not be accepted unless the defendant had been informed of his or her Fifth Amendment protection against self-incrimination and Sixth Amendment right to an attorney and had voluntarily waived those rights.

Today, a violation of the suspect’s Miranda rights may be a sufficient criminal defense to have the charges dropped. However, this depends on the circumstances of the case. The Miranda rights are quite complicated, and only a criminal defense attorney can help you determine whether your rights have, in fact, been violated.

Usage

Although television and movies have taken a bit of literary license with the Miranda warning, under Miranda v. Arizona, police need only read the Miranda rights to suspects that they intended to question. Being arrested and detained without being read your Miranda rights may not constitute a violation.

Each state has developed its own wording. Since defendants must acknowledge their understanding of these rights and voluntarily waive them before questioning may commence, many states now have preprinted forms for defendants to sign.

Miranda rights generally do not apply to standard booking questions such as name and date of birth. They also may not apply to the drawing of blood from suspects accused of driving under the influence of alcohol or drugs.

The Bottom Line

The Miranda rights are a basic element of today’s criminal justice system in the United States. However, they are more complicated than television and movies may make them appear. If you feel that your Miranda rights may have been violated, it is important to speak with a criminal defense attorney right away.

Three strikes laws can complicate criminal defense procedures for clients who are accused of their third criminal offense. Three strikes laws are based on the belief that some offenders simply cannot be reformed. Under the terms of these laws, offenders who are convicted of felonies for the third time are automatically sentenced to life in prison with no chance of parole for many years (usually, but not always, 25 years). Over 20 states including Maryland as well as the federal government currently have these laws on the books. However, the laws vary somewhat between legislatures.

Three strikes laws were designed to keep violent offenders off the streets. However, many a maryland criminal defense lawyer argue that these laws are unnecessarily harsh on many nonviolent offenders whose crimes are relatively minor.

Pros and Cons

Under Maryland law, individual charges are each counted as a strike, even if they occurred as part of the same case. Anyone who has previously been convicted for any form of theft may be charged with felony petty theft for crimes such as shoplifting. Additionally, any charges that were or could have been charged as felonies in any state, even when the offender was a juvenile, and even if the charges occurred well before the passage of the law, may be counted as strikes.

This law, generally considered one of the toughest in the nation, has resulted in some rather unusual sentences – 25 years to life for stealing cookies, golf clubs, or even pizza. It has also resulted in numerous life sentences for drug possession and other nonviolent crimes.

Advocates argue that crime statistics have dropped dramatically since the inception of three strikes laws. However, some criminal defense experts argue that the prisons are becoming overcrowded and the laws are not flexible enough to allow for individual circumstances.

The Bottom Line

Criminal defense is complicated when three strikes laws come into play. If you have been charged with your third felony, it is critical that you seek out a Maryland criminal defense lawyer who is an expert in three strikes laws. He or she will help you decide how best to plead your case.

If you are injured due to someone else’s actions, it is reasonable to expect to be compensated for your personal injuries. However, the reality is that, in Maryland, this does not always happen without a fight. You may be unaware of exactly what your rights are and how to proceed in obtaining the personal injury money to which you are legally entitled. A Maryland personal injury lawyer can help you through the process. However, you must be careful in making your selection. Not all personal injury lawyers are created equal, and choosing the wrong attorney can be expensive. Here is a guide to finding a Maryland personal injury attorney.

Ask for Referrals

The best way to find a Maryland personal injury lawyer is always through referrals. If you have a current relationship with a Maryland lawyer in any field, ask him or her for a referral. Other good sources of personal injury lawyer referrals include friends and referral networks.

Understand the Fees

In Maryland, personal injury litigation is usually undertaken on contingency. This means that you are not expected to pay out of pocket up front. Your Maryland personal injury lawyer will collect a portion of the money that you recover. However, things are not always that simple. You may be required to pay up front for fees that the personal injury lawyer incurs such as photocopying. The Maryland lawyer’s portion of your winnings may be significant, up to 40% in some cases.

Be sure that the Maryland lawyer drafts a full agreement that specifies all of the fees and your responsibility for them. If you have any questions, do not hesitate to ask them before you sign the agreement.

Firing Your Attorney

If you and your Maryland attorney are unable to see eye to eye, you may wonder whether the lawyer can be fired. Unless your contract specifies otherwise, you are always entitled to fire your lawyer in Maryland. However, you will be responsible for the lawyer’s fees for any work that he or she has done on your case. It is recommended that you consult another Maryland lawyer prior to firing the first one. He or she may be willing to negotiate your final responsibility to the first lawyer.

The Bottom Line

Hiring a Maryland personal injury lawyer can be an important step in recovering the money to which you are legally entitled. However, it is important that you do not just hire a Maryland personal injury lawyer blindly. Look for referrals, understand the fees and do not sign anything that you do not fully understand. A bit of work invested in finding the right personal injury lawyer can save you significantly in the end.

If you are accused of a felony or misdemeanor in Maryland, it is strongly recommended that you consult with a Maryland criminal defense lawyer. Even if you plan to act as your own attorney in Maryland court, which may be possible in some cases, you will benefit from receiving expert legal advice about the proceedings. An attorney can give you his or her expert opinion about the likely progression of the case, including motions to file, possible defenses and even possible consequences of being found guilty.If the crime is at all serious, it is highly recommended that you retain a Maryland attorney for the entire process. However, many people are unsure how to find and hire an attorney in Maryland. Here is a short guide to the hiring process.

Ask for Recommendations

If you know someone who has been accused of similar criminal charges, ask for that person’s recommendation. If you currently have an attorney, ask him or her to recommend a colleague that specializes in criminal defense. Many Maryland jurisdictions maintain referral programs, which can point you in the right direction.

Interview Prospective Attorneys

Many people are intimidated by law offices. They try to get in and out as quickly as possible, only concerned with the money that they will have to pay. Although it is very important to discuss fees with your lawyer, it is also important to interview the attorney. He or she will serve as your advocate and representative, so it is crucial that the two of you are on the same page. Ask enough questions to get a sense of whether you and the attorney see eye to eye on your case and the way it will be handled.

Get Everything in Writing

You will probably need to pay the attorney a retainer, which is an up-front sum of money. That money will be held in escrow to pay the attorney for services rendered. You may need to pay an additional retainer if the case goes to trial. Get a written estimate of all expenses, including the attorney’s time, staff time, document preparation and the like. Make sure that you understand how and when you will be billed, and get written confirmation.

The Bottom Line

Hiring a Maryland criminal defense lawyer can be intimidating under any circumstances. When you are accused of a crime, the pressure can be even higher. Nonetheless, it is important to find recommendations, interview prospective attorneys and get written cost estimates. Take your time to find the Maryland criminal defense lawyer that is right for you.

Blackford and Flohr are general practice lawyers who also serve as Maryland family lawyers. Serving as Maryland, Baltimore, Bowie, Severna Park, Towson, and surrounding areas.

If you are accused of a crime in Maryland, you will likely be concerned about what happens next. It is highly recommended that you seek the advice of a qualified Maryland attorney who can help you through the process and give you an expert opinion on your particular case. To assist the beginning process, here is a general overview of criminal law.

Bringing Criminal Charges

In order for a criminal case to proceed, charges must be formally filed. In the federal system, this means that evidence must be presented to a grand jury, who will then decide whether there is enough evidence to issue an indictment. Some states, however, do not require this step and may issue charges without the involvement of a grand jury.

The Trial

In a criminal case, the defendant is entitled to a trial by a jury of his or her peers. The jury is selected from a pool. Both the prosecution and the defense are entitled to dismiss potential jurors. Both sides may present evidence and call witnesses. After all evidence and witnesses have been presented, the jury will deliberate and deliver a verdict. Sentencing normally takes place at a separate hearing.

Motions and Plea Bargains

Prior to going to trial, a series of events often occurs. The prosecution may offer the defendant a plea bargain in which he or she pleads guilty to the same or lesser charges in order to obtain a reduced sentence. Various motions may be filed that can ultimately affect the outcome of the case. In addition, the entire process must carefully follow certain legal procedures. Therefore, it is important that the defendant be represented by an attorney who knows the process and who protects the rights and interests of the defendants.

For most charges, if the defendant cannot afford a Maryland criminal defense lawyer, the government will provide one at public expense. The quality of the assigned attorney may vary widely between jurisdictions. Nonetheless, he or she will work to ensure that the defendant’s rights are protected.

The Bottom Line

The criminal law process is highly regulated in the United States. There are numerous steps involved in any criminal proceedings, and it is important that the defendant have a qualified attorney to guide him or her through the process. If you are accused of a crime, try to engage a criminal defense lawyer at your own expense. If you cannot afford one, however, then one will be provided to you. Although it is normal to be nervous, a great lawyer can make the process a bit easier.

No matter where you live, working with a lawyer can be difficult at times. If you have done your homework and found a great attorney, then you and your lawyer will both have your best interest at heart. However, how to go about achieving the results you want, or even what results to try to obtain, can become a source of debate. Here is what you need to know about working with your lawyer during difficult times.

Know Your Lawyer’s Areas of Practice

Before selecting a lawyer, make sure they provide the services you require. It you face criminal charges in Maryland, make sure you contact a Maryland criminal defense lawyer, if you require help with your small business, contact a Small Business Attorney.

Ask for a Consultation

You may be reluctant to ask for a face-to-face meeting with your Maryland lawyer. Some people are concerned about the cost involved, while the process intimidates others. Most Maryland lawyers, however, are good people who genuinely want their clients to be happy. If you are feeling uncomfortable, it is best to clear the air. Call the attorney’s office and make an appointment.

Remain Calm

Like anyone else, your Maryland attorney will respond more favorably to a calm discussion of the issues. Remember that attorneys are trained in argument and debate, and may attempt to argue their point. Do not take this as a personal attack or an unwillingness to work with you. A reasoned discussion may solve the problem quickly and easily.

Seek Mediation

If you and your Maryland attorney are simply unable to resolve your differences, it may be worthwhile to seek mediation. Contact the Maryland Bar Association for a referral to a qualified mediator. Your written agreement with the attorney may cover mediation procedures, so be sure to check.

The Bottom Line

It is important that you address any concerns you may have with your attorney as quickly as possible. Remember that Maryland lawyers, like most people, are reasonable people who want to make their clients happy. In most cases, any grievances or concerns can be easily resolved with a calm and reasoned discussion. If necessary, however, do not be afraid to escalate your dispute to mediation. It is important that you and your lawyer remain on the same page at all times, so be sure to speak up when necessary.

Blackford and Flohr are Severna Park attorneys who own a full-service general law firm.

The first rule of medicine, at least from the Grey’s Anatomy episodes my wife subjects me to is “Do no harm,” so I think it’s natural to wonder what is the first rule of lawyering? For those of you in the “club” who have ever been asked you if “Rule number one had been observed?” knows, lawyering does not seem to have the noble guiding principles of Hippocrates undergirding the modern practice.

To call a profession noble in its own right is presumptuous, for it is not what values you espouse but those you practice that earns you respect and credibility. Some have valiantly tried ply the Ten Commandments of lawyering from the ethers, but they haven’t seemed to catch on with many of the members of the bar that we practice with. Notwithstanding the bad apples that make great fodder for late-night jokes, most lawyers are do incalculable good for their clients and communities. Indeed, except for a very few of America’s best lawyers who earn the fame they deserve, most of the legal community quietly are engaged in protecting justice for all. For a Maryland criminal lawyer or a Baltimore personal injury attorney the job can be daunting, but the mission is as important as it is exhausting - protecting the rights of one, protects the rights of all.

This sounds trite, quaint and, perhaps, vacuous, but it is a fact as true as much as my hairline is receding! The public perception of lawyers does not match the reality of the good we do in the world. Just like the majority of the country stays silent while fringe groups direct the public debate, we lawyers must stand up, be heard and ensure that the majority of good lawyers are not drowned out by the few, overused examples of bad ones.

Welcome to the Blackford and Flohr Law Blog, where you can find information about starting your own law firm, managing cases, and developing effective legal strategies. Blackford and Flohr are Maryland lawyers who serve the Baltimore, Anne Arundel county, and Baltimore county regions and surrounding areas. Experienced trial lawyers, Blackford and Flohr are currently focusing on criminal defense.

We are Maryland trial lawyers who regularly take cases to court and are not afraid of judges or juries. While our lawyers respect and honor traditions of civility and professionalism, we realize and take very seriously our ethical duty to zealously provide law services to our clients.As a Maryland law firm providing a wide range of representation, and each of us serve as the following:

• Criminal Defense Lawyer
• Traffic, DUI, DWI, MVA Suspension Lawyer
• Divorce & Family Lawyer
• Education/School Lawyer
• Contract Disputes & Drafting Lawyer
• Small Business Litigation & Support Lawyer
• Construction Law & Homeowner Dispute Lawyer
• Wills, Trusts & Other Essential Legal Document Lawyer
• Personal Injury, Negligence & Workers’ Compensation

Please enjoy our Blog and please feel free to comment on any of our posts. We are happy to hear from you.