Frequently Asked Questions

Q. A credit card has been opened in my name without my authorization I have verbally notified the credit card company that I did not open this account, what should I do next?

A. There are two things that you need to do immediately. First, notify the credit card company in writing that you are disputing this account. Keep a copy of this letter for your records. Send the letter by certified mail. Second, never pay on any account that you are disputing. Your payment could be used as evidence that you believe the debt is yours.

Q. What will happen on my first court date and do I have to be there if I have a lawyer?

A. You need to be present at all court dates unless you are excused from attending by the Court. If your first court date is called an "Attorney or Preliminary Inquiry" date, then you can often avoid having to appear if your attorney files papers with the Court advising that you have retained an attorney.

Q. I was arrested for assaulting my wife but she was upset and says she made a mistake when she called the police. Can she have the domestic violence charges against me dropped?

A. No, only the State's Attorney can drop the charges against you. There are good reasons for this policy. A victim of domestic violence often attempts to withdraw the statement they made to police in order to have the charges dropped against the other party.

Q. The police did not read me my rights; will my case be dismissed?

A. The Police are required to read you your "Miranda Rights" only if two requirements are met. You must first be in police custody and you must be interrogated (questioned) about the crime. If the police violated your rights, your statement could be suppressed and may not be admissible against you in a trial.

Q. The police said I blew a .07%. Why was I arrested and charged with DUI?

A. An arrest for DUI can made at any blood level. The decision to arrest is influenced by your performance of the field sobriety tests and the driving pattern you may have exhibited prior to the arrest. An officer can arrest you for simply being under the influence of alcohol or drugs without any reference to your blood alcohol level.

Q. Why do I have to go the MVA if I am charged with DUI?

A. The MVA (Motor Vehicle Administration) controls your privileges to drive. The District Court of Maryland decides questions of guilt or innocence. If you are charged with DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) you must request a hearing within 10 days of your arrest to avoid an automatic suspension of your driving privileges.

Q. Why am I being charged with DUI if I did not drink but only smoked some marijuana?

A. DUI includes drugs as well as alcohol.

Q. How can I win an MVA hearing if my test results were over .08%?

A. The MVA determines whether the police followed proper procedures in seizing your driving permit. This analysis can include whether police properly completed the paperwork they issued you at the time of your arrest.

Q. Shouldn't I just plead guilty if my test results were .08%?

A. Absolutely not. The police may have committed many errors in the arrest process. These errors may include flaws in the testing process, violation of your constitutional rights, and even police fabrication.

Q. Should I refuse to take the chemical test?

A. No. Your refusal to take the test could result in the automatic suspension of your driving privileges for 180 days after a first offense. Your refusal can also result in other penalties at the MVA and in court.

Q. Do I really need an attorney if I was injured as a result of someone else's carelessness? Isn't my case clear-cut?

A. Speaking to an insurance company without an attorney may jeopardize your case. The goal of every insurance company is to pay you as little as possible. An insurance company will search through the information you provide them to look for information favorable to them.

Q. What if the other driver had too little or no insurance at all?

A. In this situation your own automobile insurance policy may protect you. This type of protection is called "underinsured or uninsured motorist coverage."

Q. How long will it take before I am paid for my injuries?

A. The length of time it takes to resolve your claim will depend on the length of time you are in treatment with a doctor. A settlement often occurs about two months after your doctor releases you from treatment.

Q. What happens if I wait too long to make a claim against the persons responsible for my injuries?

A. If you do not file a lawsuit against the parties responsible for your injuries within the time required by law, you lose your right to compensation forever.

Please note that these answers should not be construed as legal advice in all situations. You should seek the advice of an attorney before making any decisions about your legal claims. These answers are intended to provide general information only.