Free Consultations 301-762-7500
Recent Blog Posts
Maryland Eluding the Police: More Than Just a Traffic Ticket?
If you have ever glanced up to your rearview mirror to see flashing lights behind you, then you know that sinking feeling in the pit of your stomach. Were you speeding? Did you roll through a stop sign? While these traffic offenses can cost you money and add points to your driving record, there are more serious types of driving offenses that can change a traffic stop from a ticket to a criminal offense. One of these is fleeing and eluding the police.
This offense can result in time behind bars, suspension of your driver’s license, fines, fees, and a permanent criminal record. Speeding away from law enforcement, refusing to pull over, or even continuing a short distance before stopping can all result in criminal charges with serious consequences.
Maryland’s fleeing and eluding law is found under Maryland Transportation Article Section 21-904, which was changed in 2013 under Senate Bill 205. The change allows an individual, while obeying traffic laws, to proceed directly to a nearby police station or any other lighted public location. If you are facing a charge of fleeing and eluding a police officer, it is vital that you speak to an experienced Rockville, MD criminal defense lawyer.
"Day After" DUI: Can I Be Charged with a DUI the Next Day?
Most of us assume we can only be charged with DUI after being stopped while driving and tested. In the state of Maryland, you can face DUI charges even the next day, long after you think you have sobered up. Alcohol can stay in your system for a considerable length of time, and your BAC could be over the legal limit even the morning after a night of drinking. The "day after" DUI catches many Maryland drivers by surprise.
While DUI charges (Section 21–902) are typically filed shortly after an alleged offense, it is not uncommon for charges to be filed the following day or even later, depending on the specific circumstances. "Day after" DUI charges can occur due to a delayed investigation, an accident report, or reports from witnesses, and the legal consequences can be just as severe as if you were pulled over the night before. An experienced Howard County DUI lawyer can help you sort out the details of a "day after" DUI, building a strong defense on your behalf.
Your Rights in Maryland When Being Held Without Charges
If you are being held by law enforcement without formal criminal charges, you may feel confused and frightened, and wonder whether this practice is even lawful. How long can they keep you? Do you have rights during this detention? What steps can you or your family members take to secure your release?
Although the Constitution protects against unlawful detention, certain situations can allow law enforcement to temporarily hold you without official charges. Having an experienced Howard County, MD criminal defense lawyer by your side can help ensure that your freedom and your future are properly protected.
What Are the Differences Between Temporary Detention and Formal Arrest in Maryland?
Reasonable suspicion is required for temporary detention, and the purpose of the detention is to investigate potential criminal activity to decide whether further action is warranted. The duration of temporary detention is usually brief and is significantly less restrictive than an arrest, although the individual’s movements are limited. The suspect may be patted down for weapons, and, in some cases, handcuffs may be used.
Challenging Field Sobriety Test Results in Maryland
Field sobriety tests are often used by law enforcement to determine whether a driver should be arrested for impaired driving. Field sobriety tests are designed to assess cognitive functioning, balance, and physical coordination, providing an officer with sufficient evidence to justify an arrest. While the use of field sobriety tests is widely accepted, the tests are fallible. Under certain circumstances, the results of a field sobriety test can be challenged in court.
An officer must have reasonable suspicion to pull a driver over, meaning the driver must have made a driving error, like crossing the center line, speeding, or running a red light. Without reasonable suspicion, even if the officer saw the driver leave a bar at 2:00 a.m., the driver could not be pulled over. At this point, the officer must have probable cause to believe that the driver is impaired. This could begin with slurred words, red eyes, or a strong odor of alcohol.
Field sobriety tests are used to strengthen the probable cause and arrest the driver. However, if there were problems with the field sobriety tests, the entire case could potentially be dismissed due to a lack of sufficient probable cause to base a DUI arrest on. If you are facing DUI charges, you need an experienced Frederick County, MD DUI lawyer who can comprehensively evaluate your arrest and the evidence, then build a strong defense on your behalf.
How Serious is Being Caught Driving with a Suspended License?
One market research company found that about 9 percent of adults who are on the roadways at any given time do not have a valid driver’s license. This could be because a person is not a citizen or because his or her license has been suspended because of a DUI or other traffic offense. While some traffic offenses are not all that serious, others can have short-term and long-term negative consequences.
Being caught driving with a suspended driver’s license can have some fairly harsh penalties in Maryland, including being sent to jail. If you are facing charges of driving on a suspended driver’s license, your best course of action is to speak to an Anne Arundel County, MD criminal defense lawyer.
What if Someone Dies As a Result of Your DUI Accident?
A Maryland woman is now facing up to 22 years in prison after a conviction for felony negligent manslaughter resulting from a drunk driving crash that killed one child and injured others. The young woman was impaired while transporting the children and crashed near Chingville and Point Lookout Roads.
There is a ten-year maximum prison term in Maryland for grossly negligent manslaughter by motor vehicle, a three-year maximum sentence for life-threatening injury while driving under the influence, and a two-year maximum sentence for driving under the influence of alcohol, per se, while transporting a minor. The woman is to be held without bond until the sentencing hearing.
Are There Defenses to Domestic Violence Charges?
While domestic violence across the United States is a sad reality, the increased focus on these cases can sometimes result in a person who did nothing wrong being charged with the offense. To avoid having a victim of domestic violence be seriously hurt or killed, police officers must err on the side of caution when called to a scene where domestic violence is being alleged by one party.
Since a domestic violence conviction can bring serious legal penalties as well as long-term consequences, it is important that those charged with the crime seek immediate legal help. When you have an experienced Anne Arundel County, MD domestic violence attorney by your side, the outcome of your charges is likely to be much more positive.
If Police Are Unsure Which Party Committed the Domestic Violence, is the Man Always Arrested?
Sometimes, police officers will arrest multiple parties at the scene of suspected domestic violence, but they are "encouraged" to determine which party was the primary aggressor. This means that even if both parties were fully involved in the altercation, it is likely that only one will be handcuffed and taken to jail. When deciding which party was the primary aggressor, police officers will look at the following:
How a Maryland DUI Can Damage Your Future
Being charged with DUI can be stressful and overwhelming. DUI charges can also be life-altering in ways you may not have thought about. A DUI conviction in Maryland is much more complicated than paying a ticket and moving on with your life. It is rare for DUI convictions in the state to be expunged, so a DUI conviction can follow you for the rest of your life.
The time to take action to prevent the consequences of a DUI conviction is as soon as you are charged with the offense. Having a knowledgeable DUI attorney on board is literally the most important step you can take to safeguard your future. The sooner your attorney is on the case, the sooner he or she can take steps that will positively impact your DUI charges. In most cases, you can expect a much better outcome when you have a Baltimore County, MD DUI lawyer as your advocate.
Need a Criminal Defense Attorney? Don’t Panic - Take Your Time
It’s easy to panic when you’ve been charged with a crime. You may also feel anxiety, stress, anger, and fear. The very first thing you should do after being charged with a crime is speak to an attorney. Unfortunately finding an attorney quickly can add to your stress, but it is something you should always approach calmly. Rushing into a decision can result in not getting the right attorney. If you have never been in trouble with the law before, you may not know how to hire a criminal defense lawyer.
Maybe you have a family member, friend, or co-worker who has used a local criminal defense lawyer. If so, you might ask them for the attorney’s name. You can also look online at the criminal defense attorneys in your area who have experience with your specific crime. When you choose a Frederick County, MD criminal defense attorney from Law Offices of Mallon Snyder, you have taken an important first step in protecting your rights and your future.
Can you get in trouble for sobering up in a parked car?
Drinking and driving can land you in hot water, even if your car isn’t moving. Many folks don’t realize that in Maryland, the law can slap you with a DUI even after you park your vehicle.
It’s a tricky situation that may catch many by surprise. Knowing the ins and outs of Maryland’s restrictions might save you from a world of trouble.
What counts as "driving" under Maryland law
In Maryland, you don’t have to be cruising down the highway to get a DUI. If the cops think you have physical control of your vehicle while you’re under the influence, you could be in for a rough night. This means the law could arrest you on suspicion of a DUI even if your car’s just sitting there.
Here’s what might get you in trouble:
- Keys in the ignition: This shows you could start driving anytime
- Sitting behind the wheel: Looks like you’re ready to hit the road
Contact Our Team Today
Office Location
107 N Adams St
Rockville, MD 20850
Call 301-762-7500
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
I have read and understand the Disclaimer and Privacy Policy.
From our office in Rockville, the Law Offices of Mallon Snyder serves clients throughout the surrounding areas, including Montgomery County, Prince George's County, Frederick County, Howard County, the District of Columbia, Aspen Hill, Beltsville, Bethesda, Bowie, Chevy Chase, College Park, Frederick, Gaithersburg, Germantown, Glenmont, Greenbelt, Langley Park, Laurel, Potomac, Silver Spring, Takoma Park, Urbana, Upper Marlboro, Columbia, MD, Washington DC, and Wheaton.
Results listed are not a guarantee or indication of future case results.
107 N Adams St, Rockville, MD 20850
301-762-7500
