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

In Maryland, as in all other states, 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, a criminal defense lawyer can get your statements suppressed, so they will not be admissible against you in a criminal trial.

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?

No, only the Maryland State’s Attorney can drop the criminal 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.

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

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 criminal defense lawyer files papers with the Court advising that you have retained an attorney.

Is marijuana possession now legal in Maryland? What about paraphernalia?

Possession of less than 10 grams of marijuana is no longer a criminal offense in Maryland, and is only punishable by a fine. Fines for violators are $50 for the first offense, and $125 for the second. The fine amount for third and subsequent offenses is not defined, allowing the Court to determine the fine at trial. However, possession of drug paraphernalia is still illegal in Maryland.

 

You can make  appointments by contacting us online or by calling our main office at (301)762-7007. Our office is located in Rockville, Maryland near the Rockville District and Circuit Courts and is convenient to Metro. Appointments can usually be scheduled within the week.

Quick Tip

There are many situations in which you can create a private agreement between yourself and the petitioner. These agreements can help you avoid the many risks that come about from the public disclosure of your peace or protective order matter.

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