Before I could file any Motions to deal with the Warrant, she was arrested and appeared in front of the Commissioner that same day. She was under the impression that she would have her bail decision (which was to be held on no bail) reviewed in District Court the next day, a fact that was not true since the Judge who had put her on probation would have to deal with the matter herself. Nonetheless, I was in Baltimore County District Court the next day for an unrelated matter and decided to observe the bail reviews taking place in the upstairs courtroom. Which leads me to the point of this post.

On that day, 25 Defendants were having their bails reviewed by way of closed circuit television. The Judge was in her chair, her clerk was in her place, the Sheriff was standing by, and the televisions and cameras were in place.

And there was me. 25 Defendants and me. Mind you, I was not there representing anyone at the time, only observing since I was already in the Courthouse. I asked the Sheriff why not one of these Defendants has a private attorney to assist them in getting a positive bail decision. The reasons were familiar: the economy, families are tired of helping their relatives, the hearing is scheduled too quickly to find and hire a private lawyer.

The fact remained, however, that I would have been there, ready and waiting, had my client’s bail review been heard that day. I was ready to help her because she had contacted me as soon as she knew she was in trouble and needed the help of a lawyer. As a result, as soon as she was arrested, I was able to follow the progress of her case and step in when and where I was needed.

The decision of the District Court Judge at a bail review can set the tone for an entire prosecution of a case. Clearly, the Judge’s decision determined whether the Defendant will spend the time leading up to trial incarcerated or home with his or her family. And once a bail decision is made, it is relatively difficult to get that determination changed.

The moral of this story is that, if it is at all possible, arrange to have a lawyer represent you at your District Court bail review. It takes some forethought and planning and obviously it is not always easy to know when one is going to be arrested and charged with a crime.

However, if you know that a warrant has been issued for your arrest, you also know that, most likely, you will be appearing before a Commissioner and then a District Court Judge to determine your bail. With such an important decision being made, it only makes sense to give yourself the best chance possible to be released and return home.

Out of the 25 Defendants who appeared on the television screen in that Courtroom that day, only 2 had the bail determined by the Commissioner reduced. And yet, I whole heartedly believe that had those individuals had an experienced defense lawyer there to present the Court with a persuasive argument for release, many of those would have been headed home later that day.

So, if you or someone you care about is facing an imminent arrest or knows that they will be appearing in front of a District Court Judge for a bail review, give us a call immediately to discuss your case with a Baltimore Bail Review Lawyer. We are available 24/7 to arrange representation for your loved one and to present his or her case to the Judge.

Can I get charges dropped if I was under the influence of alcohol?

My boyfriend and I were fighting in our house after coming from a night out of heavy drinking and things became physical and both of us sustained injuries. I was arrested and charged with assault even though I was the one who called 911. How can this go away from my record? I have no prior criminal history and I have a good govt. job.

Answer: Being drunk is not an excuse to the charges you are facing, at least not int he way you explained your situation. Intoxication can be used to get out of some contracts, for example, when it is found that due to the intoxication one of the parties was unable to “understand” what was going on. However, in your situation, you chose to drink, to drink too much, and therefore, the consequences are on you. That being said, the drinking may come into play down the road when you are dealing with the State and/or the Judge as an explanation of why things happened the way they did. From what you say, I am assuming you have not gone to Court yet to face these charges. You should call an experienced criminal defense lawyer who can speak to the State’s Attorney’s Office and work to either get the charges dropped, reduced, or to defend if the State goes forward. If you and your BF are both charged with the same thing, from the same event, it is possible the State might not go forward. A good maryland criminal lawyer can help you get this done.

If you have a question that you would like to see answered here, drop us a line.

Maryland Juvenile Criminal Defense Lawyer Marc G. Snyder discusses the subtle differences between the adult criminal system in Maryland and the Juvenile Criminal System in Maryland in a brief video.

This article courtesy of the accident lawyer experts at Accidents.com.

Calm down, my friend. Now’s not the time to panic. Below, you’ll find some of the top things you should know if you find yourself in the unlucky event of being pulled over:

Find a safe place to pull over – As soon as you see the blue and red lights, find a place on the side of the road that’s safe to pull over. Always pull over on the right side when possible.
Get in a neutral position – Turn your dome light on and place both hands on the steering wheel so the officer can see them.
Be cooperative – When the officer asks for your license and registration, stay calm and give them just what they’re asking. Try your best to stay calm and not fumble with the documents.
Don’t reveal if you’ve been drinking – Almost always, one of the first questions the officer will ask is if you’ve been drinking. Don’t ever admit to doing so. Instead, politely say, “I’ve been advised not to answer to answer questions like this, so I don’t wish to at this time.” You’re under no obligation to tell the officer yes or no.
You can refuse a Breathalyzer test – Many people believe they’re legally required to take a Breathalyzer, but that’s simply not true. If given the option, you should refuse it. Why? Because theses tests can be highly inaccurate (as much as 50 percent) and if your blood alcohol level reads high, that will be used against you in court. If you haven’t been drinking, request a blood or urine test instead.
If helpful, ask to be videotaped – Most police cars have video cameras that are used to record the interactions at a routine traffic stop. If you haven’t been drinking and you feel it could be to your benefit, ask the officer if he has a video camera and if it could be turned on.
Don’t take a field sobriety test – These tests are designed for failure, so don’t give in when the officer asks you to take part in these.
Don’t resist arrest – If the officer feels you should be arrested, don’t resist it. Anything you do to argue or evade arrest can be used against you.
Don’t admit to taking any drugs – Even if the drugs are over the counter or prescription drugs, don’t admit to taking them. Any type of drug could potentially affect your driving and you don’t want that used against you in court.
Don’t admit guilt – You should never, ever admit that you’ve had a few drinks and have been driving under the influence. You have the right to remain silent, and you should use it! Afterward, you can hire an attorney who specializes in DUI cases and they can explore possible defenses.
Don’t consent to a search – If the officer asks to search your vehicle or home, always say no.

Although these tips aren’t 100% fool proof, they’re helpful to keep in mind if you ever find yourself pulled over on the side of the road. And, they can make all the difference in the outcome of the evening.

Baltimore Criminal Lawyer Marc G. Snyder discusses a creative approach to having Armed Robbery charges thrown out in a preliminary hearing in Maryland’s District Court by having the victim verify through identification process that his client was not the assailant.

However, when legalities are getting their way into your debt related matter, it is better to understand the commonly technical terms like ‘court summon’ and ‘complaint’ and what they refer to. Summon is a paper document carrying notification of a lawsuit taken by your creditor. It is delivered by a Sheriff’s deputy to the concerned person in hand. A compliant is the actual lawsuit. When a ‘summon’ is dispatched, it is generally sent to the personal residence or the office of the concerned person. Sometime, it is also sent via certified e-mail. In the document of a ‘summon’ is given clear instructions of responding to the lawsuit either by filing written response or by physically appearing before the court.

The difference between a criminal law suit and a civil lawsuit is distinctly felt. With a civil lawsuit, you are sent only the ‘summon’. But, with criminal lawsuit, you may be arrested and put under the bar if not for a longer time. However, credit card companies or personal lenders can not do any thing like that. In order to get back their money, they can at best sue you under civil law. But, criminal allegation cannot be brought against a debtor in such a way.

Debtors must attend to court when summoned. Failure to appear on court gives extra edge to the creditor or the collection agency. The person sued has to respond to the ‘court summon’. Otherwise, it will turn into default judgment, resulting in the easy win for the collection agency. The judge then will simply award the collection agency to penalize you. You have to pay him your debt in fullest amount along with court cost and attorney fees.

Our judicial system is supposed to be a benchmark of truth and justice. Sometimes, that benchmark begins to stray off course; this is when an intervention must be demanded.
Troy Davis is an innocent man who will have to pay the price for what happens when our truth and justice system runs off-kilter. Mr. Davis’ tumultuous relationship with Justice began back in 1991. Mr. Davis was accused of assaulting a homeless man and then shooting a police officer three times.
Davis was put on trial and ultimately convicted of the murder of Officer Mark MacPhail, two counts of aggravated assault, possessing a firearm during a crime, and obstructing a police officer.
 At trial, back in August 1991, Davis plead not guilty and testified he had seen another man, Sylvester Coles, hit the homeless man and then Davis left the scene before the shooting took place. Unfortunately, the jury ended up siding with the State and found Davis to be guilty. Since then, Mr. Davis has been appealing for clemency to Georgia’s Pardons and Parole Board. In his appeal for clemency, Davis is asking his death sentence penalty to be reduced down to a lower and less severe punishment.
Back in July of 2007, the Georgia Board of Pardons and Paroles granted a 90-day stay of execution the day before Davis was scheduled to be executed. Again, in September 2008, Davis was spared two hours before he was scheduled to be executed. Then, yet again, in October 2008, Davis was again granted an extension as the Georgia Court of Appeals decided to extend the deadline.  After several more appeals failed, Georgia again set a fourth execution date for September 21st, 2011 at a state prison in Jackson, Georgia.
The Georgia Pardons and Parole Board did not have to rule the way in which they did. The Board had several options including changing the death sentence to either life without parole or life with the possibility of parole; they did not have to deny him clemency. Georgia’s Pardons and Parole board’s harsh actions make the average citizen question why they chose to deny him clemency instead of granting him one of the alternatives stated above. There must be underlying reasons, either policy or societal influences, as to why the Georgia Pardons and Parole Board chose the most extreme option in which to punish Mr. Davis.
For starters, the State clearly did not overcome their burden of proof. In addition, there were many recent breakthroughs in pieces of evidence which were thought to have tilted the scale in Davis’ favor. For example, since the 1991 conviction, seven out of the nine key witnesses who implicated him have recanted their testimonies. A few of the seven even said they were coerced by police into give false eye-witness statements. Now, the latter is a debatable matter, but what is not debatable is the fact that SEVEN of the nine witnesses recanted! In addition, no forensic or DNA evidence linking Davis to the shooting has ever been found, and nor has the actual murder weapon.
Georgia’s law on deciding the death penalty can be found in Ga. Code Ann. § 17-10-30. This statute states that: “In all cases of other offenses for which the death penalty may be authorized, the judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances or aggravating circumstances otherwise authorized by law and any of the following statutory aggravating circumstances which may be supported by the evidence: The offense of murder was committed against any peace officer, corrections employee, or firefighter while engaged in the performance of his official duties.” A central argument rebutting this assertion should be the fact that Officer MacPhail was not on-duty when the incident occurred back in 1989, he was only in uniform.

Ultimately, the counsel for the defense provided enough pieces of evidences that allowed for the seed of substantial doubt of the guiltiness of the defendant to be planted in everyone’s mind. If substantial doubt exists, that means that the Prosecution has not done their job of fulfilling the burden of proof.

Mr. Davis has already served 20 years in prison. Retribution has been received by society for any alleged crime that Mr. Davis may have committed. Society robbed Mr. Davis of 20 years of his life for a crime that he most likely did not commit. It would be an abomination to now try and rob Mr. Davis of his life.

Example: Phil had a dui back in 2005, he recently applied to a school where the questions was asked if he ever was arrested for a misdemeanor, he had a background check done and it came back with nothing on it. Phil also checked myself on the maryland.gov website and nothing is there. Is it safe to assume that this is clear from his record now? Did his attorney remove it??

Answer:

Your question is really asking, “can I lie about my history and criminal/traffic record?” The answer, obviously, is no. If you have a DUI from 2005, then you have been charged and the answer to the question is yes. All of us can lie any time we want, and sometimes probably get away with it. It is, however, a bad idea.

As far as being cleared from your record, it is almost certainly not cleared. Unless someone has made a mistake, a DUI from 2005 will still be on your record and visible through any standard background check. You should keep this in mind when answering such questions either on applications or during interviews. The DUI is not the end of the world, but lying about it will make matters much worse.

This information is not intended as legal advice and is provided for informational purposes only. Every situation is different and, therefore, a different application of the law may apply. If you have a specific matter you wish to discuss, please contact our office and we will be happy to have a Baltimore criminal defense attorney discuss your particular matter with you.

The Law Offices of Marc G. Snyder proudly announces the firm’s first Free Legal Clinic, concentrating on issues involving the Maryland criminal law system. To be held on one Saturday every month in the firm’s Baltimore City location, the free clinic will provide an open forum where those who attend can voice their questions and concerns and have them addressed in an open, non-threatening environment. Mr. Snyder, a former Baltimore City Prosecutor and current Baltimore criminal defense attorney will open his doors to all Maryland residents facing issues that involve the Maryland criminal justice system. By making this event completely free, the firm hopes to provide assistance to those individuals whose access to such services have historically been very limited.”Unfortunately, the income level required to be represented by a public defender’s office is so low that many people who make next to nothing still make too much to qualify. At the same time, such low income makes hiring a private criminal defense attorney unrealistic. Our goal is to provide what little help we can, on an informational basis, at no cost to those who need it.”The free Clinic will be open one Saturday every month for approximately five hours each time. The firm hopes to welcome neighbors of their office who simply walk in off the street, as well as those who travel a distance to take advantage of this opportunity. The downtown location is at 229 N. Howard Street, Suite 201, Baltimore, MD 21201, across the street from the historic Lexington Market. This month’s clinic will begin at 2:00pm on July 23, 2011.Everyone attending the Legal Clinic will receive free copies of Mr. Snyder’s books, “A Client’s Guide to the Arrest Process in Maryland,” and “How to Find the Right Criminal Defense Lawyer For You.””Our goal is really very simple: we want to get helpful information into the hands of those who need it but for various reasons, have been unable to find such help. We are not trying to save the system, but when you can do some good and it won’t kill you, I think we are obligated to do what we can.”Marc G. Snyder is a Baltimore Criminal Defense Attorney and Maryland Personal Injury Attorney with offices in Pikesville and Downtown Baltimore, Maryland, as well as a satellite office in Ocean City, Maryland. Mr. Snyder has practiced law in Maryland since 1997, for many years with his father, Stephen L. Snyder, and later for the Baltimore City State’s Attorney’s Office. Mr Snyder founded his own private practice in 2007.

No. Contingency fees are common in some types of civil cases, particularly Maryland personal injury cases. Lawyers who work on a contingency basis take their fees from money their clients recover as damages; if the clients collect nothing, the lawyers collect nothing. However, contingency fees are considered unethical and are not permitted in Maryland criminal cases. One reason that the no-contingency-fee rule makes sense is that the defendants in criminal cases don’t recover money damages if they win, so there’s no pot of money from which an attorney can collect fees.

This information is not intended as legal advice and is provided for informational purposes only. Every situation is different and, therefore, a different application of the law may apply. If you have a specific matter you wish to discuss, please contact our office and we will be happy to have a Baltimore criminal defense attorney discuss your particular matter with you.