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Rockville DUI Lawyers
- Thomas Heeney:
A defendant in a criminal prosecution is guaranteed the right to a jury trial under the Sixth Amendment to the United States Constitution unless the prosecution is for a petty offense. A petty offense is defined as an offense that carries a penalty of no more than six months in jail. The right to a jury trial applies to federal and state offenses. In addition, most states have enacted constitutional provisions and statutes that guarantee a defendant the right to a jury trial.
- Stein & Sperling:
Criminal charges are customarily brought by a criminal summons or warrant that is authorized by a judicial officer. In the case of an arrest warrant, the next most important procedure following the arrest is the establishment of pre-trial release conditions, otherwise known as setting bond. A trial or hearing date is set in the appropriate court depending Effective representation
is essential to ensure
protection under the law...
on the nature and seriousness of the charge(s). Mandatory and discretionary motions are filed early in the trial process to determine important points of law and to secure rulings on evidence. The case proceeds either to a negotiated plea or a trial, which will be before either a judge or a jury. In the case of a conviction, the judge will then consider all of the information which is relevant in determining the appropriate sentence.
Effective representation at every stage is critical to ensure that the accused fully understands his rights and receives all the protections available under the law. Representation is advisable any time the authorities are conducting an investigation, even if charges have not yet been filed.
- Bradley Schwartz:
Discuss your case with an attorney to find out if you have a legal remedy and to determine the best course of action for you to proceed with a legal claim.
- McCally and Hall:
Court Decisions Regarding Reliability of Testimony Have Been Inconsistent
In one notable 1980 case, Ohio vs. Roberts, the Court held that a statement given by an accomplice, who is not present or available to testify in person, may be admitted in trial if the judge considers the statement to have "adequate indicia of reliability." Roberts ruled such statements reliable if, among other bases for reliability, they contained "particularized guarantees of trustworthiness."
Through this "trustworthy" test, judges were given broad discretion regarding the admissibility of certain out-of-court statements. Due to this expanded discretion, however, some experts viewed the Roberts decision as a deviation from the rights guaranteed by the Sixth Amendment, specifically, the victim's right to "confront" accusers.
- Luis Leon:
If you have been charged, you do not have to speak with the police.
The United States Constitution has certain rights that protect the accused. Such as:
The presumption of innocence until proven guilty. The accused has the right to a fair trial. If the sentence is more than sixty days then the accused has the right to have a trial before a Jury. If the accused has a trial before a Judge, he/she can only be found guilty only if the Judge concludes that there is no reasonable doubt in the matter. The accused has a right (through an attorney) to request the names of all the witnesses and documents that the prosecutor wants to use in trial before said trial in order to give the attorney enough time to determine the possibility of winning the case. The attorney can request this information through a legal process called "Discovery". The accused and his/her attorney have the absolute right to cross-examine every witness who testifies against the accused. The accused has a right to testify in order to prove his/her innocence or not testify, and no Judge or Jury can deem him/her guilty due to the decision to not testify. If your attorney can prove that your constitutional rights have been violated, we can request that any evidence, which the police may have obtained illegally, should not be used against you in a trial.
- David Wasser:
You can be arrested for DUI by driving while over the legal BAC in your
state or while impaired. But, you need not actually operate the car in
order to be arrested. You can still be found guilty if you had the
capability and power to dominate, direct, or regulate the vehicle,
regardless of whether you were exercising that capability or power at
the time of the arrest. In other words, simply sitting behind the wheel
with the keys in the ignition can lead to your arrest for DUI by being
in actual physical control of the car.
- Sandler & Mercer:
The consequences for drunk driving and serious traffic
offenses can include administrative sanctions such as the
loss or suspension of your driving privileges, and criminal
sanctions, such as incarceration, supervised probation, alcohol
treatment, and/or substantial fines.
There are immediate steps that can be taken to avoid or
minimize these harsh penalties. Failure to take timely action
may result in the automatic loss of your driving privilege in
Maryland and prejudice the resolution of your pending criminal
charges.
- Goren, Wolff & Orenstein:
Intoxicated is defined in two ways: First, a person is intoxicated when
he drives and, when, through the use of an alcoholic beverage, drug,
controlled substance, or any combination thereof, has lost the normal
use of their faculties and is impaired to the slightest degree. Second,
a person is intoxicated when he drives and has an alcohol concentration
of .08 or more in his body.
- Stuart Grozbean:
Most people do not realize how long they can lose
their license to drive and they will be going before
an Administrative Law Judge who has the power to keep
them from driving. Can you afford not to drive? Will you lose your job?
- Patricia Harvey:
Unfortunately, the judicial system looks easy on television and a good
lawyer often appears, on the surface, to win cases effortlessly; giving
the false impression that anyone can represent themselves or just any
lawyer will do. Experience and reputation for hard work, diligence, and
tenacity are just a few of the attributes that go into the makeup of a
good lawyer.
People frequently seem to make choices for legal
representation based on, understandable but risky, considerations such
as financial or location of an attorney's office. The decision on who
will represent you is an important one and has far-reaching
consequences. A criminal or traffic conviction has the potential of:
scarring your record forever; loss of a professional license;
deportation for those with a "green card" or undocumented status; and
of course a period of time in jail. Court procedures are complicated
and it is best to have an attorney help you through the maze of
decisions that must be made, sometimes on the spot.
- Richard Lurye:
Our Mission: To defend those accused of crimes, Driving While
Intoxicated, Driving Under the Influence, serious traffic charges, and
MVA violations which can result in license suspension and revocation.
- Justin McInerny:
If you had a Maryland license when you were arrested, the arresting
officer should have confiscated it and immediately issued you a
temporary license. If you had an out of state license, the officer
probably did not confiscate it. However, the officer still should have
issued you a temporary privilege to drive in Maryland. Your temporary
license/privilege is valid for the forty five days following your
arrest. The officer also should have given you a hearing request form.
This form tells you to request an MVA hearing within ten days of your
arrest. Be sure to include the proper fee for the hearing or else the
MVA might not grant you a hearing. The MVA will notify you by mail of
your hearing date. Therefore, make sure the MVA has your correct
address.
- Steven Berry:
Probably nothing is more terrifying or upsetting to the average citizen
than being charged with Driving While Intoxicated (or "DWI") or another
serious traffic violation. Penalties in DWI and traffic cases include
not only fines and potential jail sentences, but also the suspension or
revocation of one's driver's license. Conviction of a serious traffic
crime may also trigger the cancellation of one's automobile insurance
-- and may even render one "uninsurable" by any reputable private
insurance company. In addition, a traffic law defendant may be forced
to undergo two separate legal proceedings; i.e., (1) a trial in the
District Court of Maryland and (2) a license suspension hearing in the
Office of Administrative Hearings.
- Kindermannlaw:
The 'roadside' or PBT cannot be used against you in a formal sense and
you are within your rights to refuse the same. However, the stationary
breathalyzer machine typically located at the police station can be
determinative in terms of guilt or innocence.
- Thomas Rand:
If you are arrested for drunk driving, you should find a lawyer as soon
as possible. In Maryland, you only have ten days from the date of the
DWI arrest to request an MVA hearing that could help prevent your
license being suspended; if the request is made after ten days, there
is no guarantee that your temporary license will not expire. If the
request isn't made within thirty days, the suspension cannot be lifted
or modified.
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