Table of Contents
What is a crime of violence?
A crime of violence is a criminal offense that is violent in nature and may involve the use of a weapon, physical force, threats of injury, or injury itself.
What are the potential penalties I face if I am found guilty of a violent crime?
Many violent crimes are felony offenses, which means that they may carry a sentence of in excess of one year of incarceration. Other possible penalties include: probation, fines, restitution, community service, anger management, and drug/alcohol rehabilitation. The sentences vary greatly depending on the particular offense, the defendant’s prior criminal record, and other important issues. Marc Emden can evaluate your charges to determine what penalties you may be at risk of facing.
What will happen on my first court date and do I have to be there if I have a 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 once your attorney files papers with the Court advising it that you have retained an attorney.
I was arrested for assaulting my wife but she was upset and says she make a mistake when she called the police. Can she have the domestic violence charges against me dropped?
No, only the State’s Attorney can drop the charges against you. There are good reasons for this policy. Sometimes, a victim of domestic violence attempts to recant the statement they made to police in order to have the charges dropped against the other party.
What is bail?
Bail money is money paid to the court to guarantee that the person arrested who is released from jail will show up for all required court appearances.
How can someone post my bail?
There are several types of bail in Maryland:
- Cash Bail- The judge permits the person posting the bail to deposit a percentage (usually 10%) with the court. Once the case is concluded the deposit amount is refunded.
- Property Bail- One home or land may used to post bail provide that the person posting the bond possesses sufficient equity in the property to match the bond amount
- Intangible Assets- includes things like stock certificates, bank books, and certificates of deposit
- Bail Bondsmen- Bondsman charge a fee usually 10% of the bond set by the judge or commissioner. The fee you pay the bondsman in non-refundable.
Bonds may be posted by anyone provided they are 18 years of age or older.
In which court will my case be handled?
The District Court handles most cases involving motor vehicles, all misdemeanors, and some felonies. The Circuit court hear felonies, and appeals from the District Court.
What is the difference between a misdemeanor and a felony?
In most cases, a misdemeanor is an offense for which the maximum period of incarceration is one year.
Will my case receive a trial before a judge or a jury?
In Maryland, Defendants have a right to a trial by jury where the period of incarceration is greater than 90 days.
Please note that these answers should not be construed as legal advice in all situations. You should speak with an attorney before making any decisions about your legal matter. These answers are intended only to provide general information.