Workers Compensation FAQ
- What is a misdemeanor?
- What is a felony?
- What typically happens when someone is charged with a misdemeanor?
- What is the process if I am charged with a felony?
- How should I dress for court?
- Why does it matter what lawyer I obtain for my criminal case?
- Does everyone go to jail who has committed a crime?
What is a misdemeanor?
A misdemeanor is typically a crime that is tried in the District Court of Maryland which is Maryland’s lowest criminal court. Jail time is the exception rather than the rule in the District Court. Fines tend to be lower than what can be ordered in the Circuit Court.
What is a felony?
There are common law felonies including murder, rape, robbery, kidnapping and arson. In addition Maryland Law has added several statutory felonies and these felonies and are typically crimes that involve longer jail terms and higher fines.
What typically happens when someone is charged with a misdemeanor?
When a person is charged with a misdemeanor they will either be arrested by the police or will receive a summons to appear in court without being arrested. If they are arrested they will be taken to jail and will see a District Court Commissioner within twenty-four hours. The Commissioner will then set a bail.
If the defendant is unable to pay the bail set by the District Court Commissioner, then on the very next court day, the defendant will have the right to see a Judge for a bail review. At the bail review hearing, the defendant has the right to have a criminal attorney appear on their behalf to argue to the court why the bail should be lower or they should be released on their own recognizance.
Baltimore Criminal Attorneys are essential during this process in order to present the accused in the best light and to explain to the court that the person has strong ties to the community and is not a flight danger and they are not a danger to the community. After the bail review, the defendant has a right to either pay the amount of the bail or obtain a bail bondsman to post the bail. The very next proceeding will be the court date.
At the court date the defendant is expected to appear with their criminal attorney and present their defense. The courts are very hesitant to postpone cases in order to allow the defendant to get a criminal attorney.
A Baltimore criminal attorney can be extremely helpful in presenting any defenses, including constitutional arguments and procedural defenses. Even if you intend to plead guilty a criminal attorney can be extremely helpful in outlining for the court why the defendant is entitled to leniency from the court. Baltimore Criminal attorneys can be extremely helpful in keeping jail time and fines to a minimum.
What is the process if I am charged with a felony?
If you are charged with a felony in the State of Maryland the initial process includes an arrest and bail to be set by the Commissioner. If you are unable to make the bail set by the Commissioner you are entitled to have a bail review on the next court date at which time you should have a Baltimore criminal attorney.
At the bail review hearing, the defendant has the right to have a criminal attorney appear on their behalf to argue to the court why the bail should be lower or they should be released on their own recognizance. Criminal attorneys are essential during this process in order to present the accused person in the best light and to explain to the court that the person has strong ties to the community, is not a flight risk and that they are not a danger to the community. After the bail review, the very next hearing will be the preliminary hearing unless you are indicted by a Grand Jury.
Whenever you are charged with a felony you are entitled to an independent review of the case by either a Grand Jury or a District Court Judge. If the State presents the case to a grand jury in a secret proceeding and the Grand Jury finds sufficient facts to go forward then the Grand Jury will indict you and you will not be entitled to a preliminary hearing. If the State's Attorney decides not to take the case before a Grand Jury then you are entitled to preliminary hearing in front of a district court judge Preliminary hearings for felonies are typically held in the District Court.
At a preliminary hearing the State has the burden to prove by the preponderance of the evidence, meaning to prove more likely than not that a crime was committed and that more likely than not that the defendant committed the crime. This is a very low standard of proof. At the preliminary hearing the defendant has no right to present any witnesses. A criminal attorney can be helpful at the preliminary hearing in order to ask questions of the State’s witnesses so that additional information can be obtained in order to prepare for trial in the Circuit Court.
Occasionally at preliminary hearings some or all of the charges may be dismissed because the State does not have sufficient information to go forward with the case at that time. Even if the State is prepared and can prove their case at the preliminary hearing defense counsel can use the preliminary hearing in order to gather as much information as possible so that they will know what evidence, if any the State has before the next trial date.
Typically, the police report, statements by any of the witnesses or the defendant and any other police investigations can be obtained at the preliminary hearing. If the Court determines at the preliminary hearing that there is enough facts on the State’s behalf to go forward, then the case will be scheduled in the Circuit Court for an arraignment. An arraignment is the defendant’s first hearing in the Circuit Court at which time the defendant is told what the charges are against him and will advise him if he doesn’t already have an attorney that he needs to get an attorney for the next trial date.
Also, at the arraignment a trial date is scheduled and if a plea bargain can be worked out a plea can be done at the arraignment stage. If no plea bargain is worked out, then after an arraignment the case is scheduled for trial. A preliminary hearing is typically thirty days after the arrest and then an arraignment is approximately six weeks after the preliminary hearing. The trial date is usually scheduled anywhere from three to six months after the arraignment date.
How should I dress for court?
A person that is charged with a crime should dress like they are going to a religious ceremony or to a wedding. Appropriate dress for a man should include a suit and tie or dress pants and a button shirt and should never include shorts or tee shirts. Appropriate dress for a woman should include either a dress, skirt and blouse or dress pants and a blouse. Judge’s get extremely angry when people show up for court in inappropriate clothing and may hold this against the defendant.
Why does it matter what lawyer I obtain for my criminal case?
All lawyers, when they graduate from law school, have taken courses in criminal law and criminal procedure. However, once you graduate law school and practice criminal law, there are many new things that lawyers learn over the years which can benefit their client.
Law schools teach you the basics, but it takes years of research and practice to really know the criminal court system. It is extremely important for lawyers to be familiar with each Judge and what each Judge likes and dislikes. Some Judges are more willing to listen to all of the evidence and treat the defendants fairly then others.
Some Judges give out longer sentences than other Judges. Some Judges do not like certain kinds of cases and are more lenient on other cases. It is extremely important for your lawyer to know each Judge. Judges vary from county to county and it is important that your lawyer practices in the county in which your case is being scheduled in.
The practice of law is just that, it takes many years of practice before you learn all of the tricks of the trade.
Does everyone go to jail who has committed a crime?
If you have an experienced criminal attorney most defendants should be able to avoid jail, even if guilty except for the most serious offenses. Courts are always willing to listen to attorneys suggestions for alternate sentencing other than jail, including fines, community service, counseling programs, etc. As part of the criminal justice system, courts are used to prevent criminal behavior from happening again, as well as to punish when appropriate.
Not all situations require punishment.