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Andrews, Bongar, Starkey & Clagett: Waldorf, Maryland Attorneys

What Are My Rights If I Am Charged With A Crime?

This is a good overview of the rights that apply to anyone accused of a crime in Maryland. I will explain each right, and give you some good advice on how best to assert it if you are charged with a crime. You should know this information before any contact with police officers.

At Andrews, Bongar, Starkey & Clagett, we provide a free consultation to anyone charged with a crime. You should take advantage of that free consultation immediately. Having an attorney is so important to successfully getting through the criminal process, the United States Constitution makes it mandatory for the government to provide you one if you cannot afford one yourself.

At least get a free initial consultation by calling our office immediately after reading this article. And be sure to read “Our Most Important Advice” on the right side of this page. We will be able to at least tell you what is likely to happen based on past experience handling criminal cases in Maryland courts. Sorry to sound so scary with that disclaimer, but it is just a fact that being charged with a crime is no joke.

You have the right to remain silent

This applies if you are stopped by the police, arrested, and it even applies at trial. You cannot be forced to answer questions or testify. Your silence cannot be used against you. Nobody is allowed to presume you are innocent just because you remain silent.

This is one of the most valuable rights that people throw away routinely if they are arrested. They think the police will change their mind if they talk, or they think they can tell a lie, or a half truth, and get away with it. Unlike television, this rarely works. The best thing you can do is remain silent until you have consulted an attorney, who can advise you on what you should say – if anything.

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You have the right to an attorney

You have the right to an attorney at trial, and during all proceedings leading up to trial. Criminal law is one area you never should handle yourself. The right to an attorney is so important it is guaranteed to you by the United States Constitution. The government will have to provide a lawyer for you if you cannot afford one. This should tell you how important it is that you have a lawyer if charged with a crime. Get one as soon as possible in the process.

Sometimes having a lawyer appointed for you means the Public Defender will do it. Sometimes, a local attorney will do it if appointed by the Court. But either way, you can get a free attorney if you cannot afford one. The court will look into your finances and job situation to determine if you can afford an attorney or not.

At Andrews, Bongar, Starkey & Clagett, we offer a free consultation to anyone charged with a crime. Call us immediately if you or a loved one are charged with a crime. Even if you cannot afford to hire an attorney, you would be very smart to take advantage of a free consultation with an experienced criminal law attorney. Call us today.

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You are innocent until proven guilty

The state must prove your guilt. You do not have to prove your innocence. You are always presumed innocent until proven guilty at trial, or until you plea guilty in court. The state also has a high burden to meet in proving your guilt. They must do so beyond a reasonable doubt.

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You have the right to a trial by jury

In this country, a jury of 12 will have to agree on your guilt or innocence. This means the case against you must make sense to 12 ordinary citizens who got called for jury duty the day of your trial. You can also choose to have your guilt or innocence decided by a Judge alone, without a jury. Sometimes that may be smart. Your lawyer can help decide that based on the circumstances of the crime you have been charged with.

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You have the right to challenge the state’s evidence against you

You have the right to a trial, and to challenge any evidence the state puts forward against you. This includes challenging the manner in which evidence was gathered. The police must gather evidence legally. There is a lot of case law out there on what police can and cannot do when gathering evidence. You have the right to personally confront witnesses and question them on the witness stand. Of course, you should do this through an attorney.

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You have the right to present evidence on your behalf

Although you do not have to testify or present evidence at trial, you do have the right. You may even compel witnesses to be there for your defense by subpoena. The court will force them to appear and answer questions asked by your lawyer. Additionally, the Prosecutor is always forced to give your attorney evidence that may tend to show you did not commit the crime. This is called exculpatory evidence and you can get a new trial if they fail to turn it over to your attorney and you are convicted.

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You have the right to an appeal

You have the right to an appeal to make sure the trial court, the police, and the prosecutor did their jobs correctly at your trial. An appeal can involve going to a higher court, or even putting together a panel of Judges from the same court who are different than the one who presided at your trial. You can have legal errors reviewed. You can ask for certain evidence to be thrown out. You can even ask for your sentence to be reduced. There are a lot of things which can be challenged. Your attorney can advise you what to appeal based on the current case law.

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Conclusion

I will re-emphasize one point in this article – you have the right to an attorney. Criminal law is serious business and nobody should try to handle it without an attorney. At Andrews, Bongar, Starkey & Clagett, we provide free consultations to anyone accused of a crime, or anyone who wants a consultation on behalf of someone accused of a crime. Call us for an appointment as soon as possible. It is very wise to get an attorney early in the process.

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More legal info & tips to keep you safe.
For examples of past issues, click here.