YOUR KEY TO CONSTITUTIONAL RIGHTS

Right to an Attorney

You have the right to an attorney in any criminal proceeding and this right is protected by the Sixth Amendment to the United States Constitution and Article 21 of the Maryland Declaration of Rights. This right has been interpreted to include requiring the state or federal government to provide counsel in certain instances. Do not wait to retain an attorney if you have been charged or are suspected of committing a crime, as a failure to obtain counsel may be treated as a waiver in certain instances.

Right to a Trial by Jury

You have the right to a trial by jury that is protected by the United States Constitution and the Maryland Declaration of Rights. Criminal juries in Maryland consist of 12 members selected from the community. Their decision must be unanimous in order for you to be convicted of a crime charged. Your right to a trial by jury is absolute so long as the possible sentence you can serve is six months or greater.

Right to remain silent. You have an absolute right to remain silent any time you are accused of or may be accused of a crime no matter how minor. However, this does not protect you from statements you make voluntarily. If you are arrested you should demand to speak to an attorney before giving any statement to the police, sheriff or other law enforcement personnel.

Right to be secure/the right against unreasonable searches and seizures.

Your home and your person are special places under the law and are afforded great protection, but they are not invulnerable. A police officer with a valid search warrant can search your home without your permission. In rare instances the police can search your home without a warrant. The police also have a limited right to stop you and conduct a limited search of you. This does not mean that you have to consent to a search. Before you consent to a search of your home or person, you should speak to an attorney.

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TRAFFIC/DWI

Alcohol related traffic offenses are very serious and can have a devastating impact on your ability to drive, your personal life and your professional life. Under current Maryland law you are presumed to be intoxicated if your blood alcohol content is .08 or higher. If you have been accused of DWI or DUI you should contact an attorney immediately. Acting quickly may help preserve your ability to drive in Maryland, and will help your attorney give you valuable assistance in avoiding jail sentences, substantial fines, and the suspension or revocation of your license. In the traffic court, you have the potential for fines and jail sentences as well as follow on administrative remedies. An attorney can be very helpful in planning a strategy for reducing fines and jail sentences, avoiding administrative penalties, and keeping your driving record clean.

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JUVENILE JUSTICE

When someone under the age of 18 commits an act that would be criminal if an adult committed it it is usually treated as a juvenile matter and is handled differently than a criminal case. For the commission of some serious crimes, the government may request that the matter be transferred to adult criminal courts. In juvenile court system the focus is on rehabilitation of juvenile offenders and protection of the community. There are many avenues for treatment and rehabilitation for offenders or alleged offenders and the process of treatment and rehabilitation begins prior to the juvenile matter ever getting to court. In some instances court may be avoided altogether. Parents of juvenile offenders can be liable for restitution for up to $10,000.00 and as such are entitled to representation by an attorney if restitution is at issue. As with any other criminal matter early involvement of an attorney is essential.

If you have any questions about our criminal practice including specific questions about crimes, traffic offenses and juvenile justice please contact Gregory Hilton.