Top things to do if your loved one is arrested in Anne Arundel County

If you or a loved one is arrested in Annapolis or is in the Jennifer Road Detention Center, the first thing that will likely be on your mind is securing their release from the Jennifer Road Detention Center in Annapolis.

1. Inform your loved one to talk to no one about their case without a lawyer present.

2. Call Scott MacMullan Law (443-494-9775) for immediate, nearby legal help. (We will come to the initial appearance hearing as soon as they are arrested and represent your loved one.)

3. Work with your attorney to secure bail or call Scott MacMullan Law (443)-494-9775 to represent your loved one at the initial appearance hearing in an attempt to have the arrested released. The commissioner’s, in setting bail consider, among other things, whether the arrested is:

1. a significant flight risk (Will they show up to their court date if released?) or
2. a danger to society (Will they harm society if released?)

A lawyer can help you greatly in securing the arrestees release or a low bond so they arrestee can post the amount and be released.

Call now for immediate help that could save you thousands of dollars in posting bail. Scott MacMullan Law can help you immediately when your loved one is arrested in Annapolis, Anne Arundel County, Maryland and is in or is going to The Jennifer Road Detention Center.

New DUI Defense: Case dismissed because of ‘auto-brewery syndrome’

As an Annapolis DUI Attorney, I’m constantly monitoring different potential defenses for my clients. Here is one such novel defense: A woman in New York was caught for registering a .33 percent content alcohol in her blood. She was able to drive again without restrictions as a physician later found out she has a rare, undiagnosed condition called “auto-brewery syndrome” whose case got dismissed as her body brews its own alcohol.

 

“Read more here”

http://www.slate.com/blogs/the_slatest/2015/12/30/judge_dismisses_new_york_woman_s_dwi_because_her_body_brews_its_own_alcohol.html

 

Right to Remain Silent…Maybe?!

During a custodial interrogation, the defendant’s statement, “I don’t want to say nothing. I don’t know,” was an ambiguous statement such that a reasonable police officer in the circumstances would not have understood him to be invoking his right to remain silent because the defendant’s addition of “I don’t know” created ambiguity as to whether he sought to invoke his right to remain silent, and, therefore, the circuit court properly denied the defendant’s motion to suppress his subsequent statements for failure to give the proper Miranda

A Note on Preliminary Hearings

A prosecutor has two ways of charging a felony to be tried in circuit court: (1) a criminal information. A grand jury indictment is a prima facie finding of probable cause that the felony was committed, and probable cause that the defendant was the person who committed it. If a prosecutor chooses to charge a felony in a criminal information, or if a  grand jury indictment has not been returned, a defendant has an absolute right to a preliminary hearing.

A criminal information is simply written charges written by the prosecutor. The prosecutor decides whether to bring charges.

The Fifth Amendment to our constitution says that nobody can answer for a crime “unless on a presentment or indictment of a grand jury.” That means that some formal process must occur before you have to stand for a felony tria.

If felony criminal charges are brought by a criminal information, there will usually be a probable cause hearing before a judge, called in Maryland a Preliminary Hearing. This is simply a hearing to determine if there is “probable cause” that a felony was committed.

2. A grand jury indictment:  The purpose is not to determine guilt or innocence, but to determine if there is enough evidence that some crime has been committed in order to have a trial later on.

 

5 rights everyone must know if they’re stopped by the police

  1. You have the right to remain silent. If you wish to exercise that right, say so outloud.
  2. You have the right to refuse to consent to a search of your car or your home.
  3. If you are not under  arrest, you have the right to calmly leave.
  4. You have the right to a lawyer if you are arrested. Ask for one immediately. Call criminal defense attorney Scott MacMullan.
  5. Regardless of your citizenship or immigration status, you have constitutional rights.

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Potential Outcomes of Your Criminal Case – Annapolis Criminal Defense Attorney Explains

As an Annapolis Criminal Defense Attorney, there are 5 different potential outcomes for you case (other than a Not Guilty verdict at trial).

  1. Nolle Prosequi – The prosecutor who is bringing the case against you has the discretion to terminate a prosecution or charging document and dismiss the charging document against you. The defendant does not have to be present in court when a nolle prosequi is entered. A nolle prosequi can be immediately expunged by filing the appropriate expungement petitions at the clerk’s office. A nolle prosequi generally does not preclude the State from recharging a defendant and claim of double jeopardy can be made unless the State entered the nolle prosequi on the charges after the tesimony began in the case.
  2. Stet – Maryland Rule 4-248 – Upon motion of the Assistant State’s Attorney, the court may indefinitely postpone trial upon a charging document by marking the case “stet” on the docket. You are not necessarily required to be there for a stet but you are required to be there to maintain your speedy trial rights.

An Annapolis Criminal Defense attorney or the judge will go over your speedy trial rights with you.

“The prosecutor has requested that the charge be placed on the stet docket. A stet is not a trial, and it is not a dismissal of the charge.

The charge currently is scheduled ont he active trial docket, which means that it is scheduled for trial today. The stet docket is an inactive docket, which means that it will be indefinitely postponed. It is like placing a case on a shelf.

A stetted charge may be rescheduled for trial at the request of either party within one year for any reason. After one year, either party may request that the charge be rescheduled for trial but it may only be rescheduled by order of court for good cause shown.

You have a right to speedy trial. This means that you have a right to be tried within a reasonable period of time after being charged. If the case is placed upon the stet docket, it may bever be rescheduled for trial, or it may be rescheduled at an indefinite time in the future. If you agree to the entry of a stet, you may not be tried within a reasonable period of time, and therefore you would be waiving your right to a speedy trial.

A charge may not be stetted over your objection.

Do you understand everything I have explained to you?

Do you have any objection to the entry of a stet of the charge pending against you?”

3. Confession of Not Guilty – The State will enter a nolle prosequi before they enter this disposition.

4. Nolo Contendere – Maryland Rule 4-242(d) – A plea of nolo contendere or no contest which, for all practical purposes, is an admission of guilt, requires the permission of the court. No verdict is entered and thus the defendant has no criminal record or conviction. The DMV treats this as a conviction, though. No appeal can be taken from nolo contendere

5. Guilty Plea – Maryland Rule 4-242(c) -The court will not accept the guilty plea without qualifying the defendant first that the guilty plea is voluntarily made. Here is a sample guilty plea advisement of rights:

-Do you understant that you are pleading to XXXXX crime?

DO you understand that you have a right to a jury trial?
A jury trial before anne arundel county registered voters. Understand?
Right to a bench trial?
Right to cross examine witnesses?
Right to present evidence?
You have not been forced or coerced or threatened for this plea?
You are not under the influence of drugs or alcohol?
You understand you are giving up your right to appeal?
You understand that you could be giving up rights if you are not an american citizen?

 

‘Scandal’ star pleads no contest to felony assault – Annapolis Criminal Defense Attorney Explains

Columbus Short, from TV show ‘Scandal’ infamy knocked a victim out, bloodied the victim and broke the victim’s nose. As an Annapolis Criminal Defense attorney, I handle cases such as these. Columbus recently pled no contest to felony assault and avoided jail time. He has a long three year probation, 60 full days of community labor and he has to pay restitution money to the victim. If you get involved or are accused of the crime of assault, it is best to call an Annapolis Assault attorney as soon as possible. There are many things that need to be done to protect your rights.

Man dies in Edgewater from ATV Highway Crash

This was a single vehicle crash in Edgewater that caused the death of the driver of the vehicle on September 27, 2015. Early investigations show that the driver was speeding on a road and then a sharp turn came and he was unable to negotiate the turn. The ATV went straight into a heavily wooded area and it is thought that the driver struck numerous trees. The driver was airlifted to the hostpital where he perished.

 

The cause of the crash is failure to remain right of center with speed being a major contributing factor.  There was no suspicion of alcohol use.  The ATV operator was also NOT wearing any protective gear or helmet. The crash is being investigated.

Bill Cosby could be charged with sexual assault in Maryland soon – Annapolis Criminal Defense Attorney Explains

As an Annapolis Criminal Defense attorney, I wanted to let everyone know that prosecutors in Maryland are allegedly taken another look at a criminal complaint filed against Bill Cosby back in 2005. Recent evidence might add weight to this complaint against Bill Cosby, leading to eventual charges filed against him. Cosby in a sworn deposition that was released last year admitted to having sexual relations with Cosby’s Maryland accuser but said the sexual relations was consensual. Back in 2005 Cosby was not charged at the time but recent allegations have put the spotlight back on him.

One of the biggest legal issues with prosecuting Cosby is that the statute of limitations has expired for many of his accusers. In looking at the recent accusations against Cosby, there looks to be no DNA evidence against him. When it comes down to “She said, He Said”, unfortunately the law does not favor the accuser. I hope that Mr. Cosby is vigorously prosecuted but I wouldn’t hold up hope that he will be convicted of any of these allegations. As an Annapolis Criminal Defense Attorney, it seems that the only conviction Bill Cosby will get is the conviction in the court of public opinion. Which for him, might be arguably worse than any real conviction. (It certainly isn’t worse for any of the women he allegedly raped, though.)