What to Expect When Facing Criminal Charges in Maryland

For many people, the moment of an arrest is one filled with confusion and fear. What happens next? Do the choices I make now have major consequences for my future? To answer that later question, yes. Early mistakes do have big consequences for the outcome of many arrest scenarios.

That’s exactly why it is important to have proper representation.

In this article, we walk through what happens after an arrest in Maryland and how to protect yourself at each stage.

The Arrest and Booking Process

First of all, it's important to understand what the standard for making an arrest is. An arrest hinges on what police call probable cause. This means it's reasonable to suspect that you have committed a crime based on the evidence at hand. It does not mean you are guilty of that crime.

After the arrest has been made, the booking process begins. This includes fingerprinting, a photo, and the logging of personal information. After that, you are held until bail can be set.

In Maryland, it's a legal requirement that the person who has been arrested is able to see a district court commissioner without delay, without unreasonable delay. Generally, this translates into appointments within hours.

At this stage, a bail determination is made. The commissioner may decide to withhold bail in cases that involve extreme circumstances. It's important to keep in mind that at this stage anything said to the police officers could carry legal weight later on.

If it's not something you would want repeated in a courtroom, it's not going to stay at all.

Bail Review

Once all of this is done, a bail review ensues. This typically happens within 48 hours of arrest if the commissioner's decision has been contested.

In this case, the judge will manually review the situation based on flight risk, danger to the community, criminal associations, and other factors.

There is a difference between own recognizance, which is cash bail, and a bail bond. In a bail bond, a bondsman posts your bail for you in exchange for a non-refundable fee of usually 10%.

Finding an Attorney

If you're looking for a criminal defense attorney near me, you'll certainly want one for everything that comes next. At this stage, your arrest may transition into arraignment and the issuing of charges. At this point, you're formally told what those charges are, at which point you enter a plea.

A plea can be guilty, not guilty, or no contest. Most Maryland criminal cases begin in District Court, though more serious felonies may be moved to a Circuit Court.

At this stage, your attorney will help you to build a defense. Often, this can involve everything from challenging the legality of the arrest itself to questioning the quality or handling of evidence.

At this stage, it may also be recommended that you negotiate for reduced charges rather than risk going to court. For example, in the case of a DUI, you may question the quality of the breathalyzer exam, or, on the other side of the equation, you might acknowledge wrongdoing and negotiate for a reduced outcome, a reduced consequence.

Typical Outcomes

There are, as mentioned above, several common outcomes. In this section, we'll go over what they mean.

One of the most common outcomes is actually a plea agreement. During a plea agreement, you acknowledge some role in what you've been accused of, and in exchange, you're given a reduced charge.

For example, in a DUI or traffic-related offense, a typical plea agreement outcome might involve traffic school along with a temporary suspension of your driver's license.

Diversion programs are common for people with limited, with no criminal records, and particularly when accused of a lower-level offense. In these situations, charges are often dismissed once conditions have been met.

If no agreement is reached, a trial by judge and jury generally commences. What happens next, of course, is outcome-dependent.

If you're found not guilty, the charges are over and your life resumes. If you're found guilty, the next stage is sentencing. Sentencing can be extremely varied based on what you're accused of.

Why Local Representation Matters

Why look for a defense attorney near me when there are so many other options to choose from? Local awareness is an important aspect of launching a high-quality criminal defense.

You want an attorney who is familiar with the Charles County court system, the judges, and the prosecution tendencies. Being physically local also means a faster response time for bail hearings, evidence collection, and more.

If you are interested in a consultation, click here to get in touch.