Being accused of a crime in Maryland, especially without the guide of a criminal defense lawyer, can feel incredibly stressful under any circumstances, but it can feel even more so if you believe the police overstepped their authority. Law enforcement officers must follow strict procedures when conducting searches, making arrests, and questioning suspects.
When an officer crosses the line, you can potentially take advantage of that fact and secure a better outcome for yourself.
1. Illegal Searches and Seizures
The Fourth Amendment protects individuals from unreasonable searches and seizures. Police in Maryland typically need a valid warrant or probable cause before searching a person or their property.
If an officer searches without legal justification and finds incriminating evidence, that evidence may be excluded from trial. Courts are clear that evidence obtained unlawfully cannot be used against you, making illegal searches one of the most common challenges in criminal defense cases.
2. Using Excessive Force
Officers are permitted to use only the amount of force necessary under the circumstances. When they use more than what is reasonable (such as striking a suspect who is not resisting or employing tasers or firearms unnecessarily), it qualifies as excessive force.
Victims of excessive force may suffer serious physical injuries, but the misconduct also affects the fairness of the case. If proven, it can undermine the credibility of the prosecution’s evidence and the officers involved.
3. False Arrests and Unlawful Detention
A false arrest occurs when police take someone into custody without probable cause or a valid warrant. Similarly, it is unlawful in Maryland to detain a person for an extended period without charging them.
When arrests or detentions happen without proper legal grounds, any evidence gathered during that time (including statements made to officers) can potentially be suppressed in court. Demonstrating a lack of probable cause is often a powerful defense tool.
4. Fabricating or Withholding Evidence
Police misconduct also includes falsifying reports, planting evidence, and failing to disclose information that supports the defense. Maryland law requires prosecutors to share exculpatory evidence; when officers withhold it, the integrity of the entire case is compromised.
Courts treat this type of misconduct seriously. If proven, it can result in reduced charges, dismissed cases, and potentially sanctions against those involved.
5. Coercive Interrogation Tactics
During interrogations, officers must respect a suspect’s right to remain silent and to have an attorney present. Coercion, whether through something like intimidation or denying access to counsel, can make any resulting confession unreliable.
If your rights were not explained or if you were pressured into a statement, Maryland courts may exclude it from evidence. This can significantly weaken the prosecution’s position as per the burden of proof and improve your chances of a favorable outcome.
Contact Alpert Schreyer Criminal Defense Attorneys Today for a Free Consultation With Our Rockville Criminal Defense Attorneys
Police officers are expected to enforce the law while respecting the constitutional rights of those they interact with. When misconduct occurs, it can shape the outcome of your case in significant ways.
If you believe your rights were violated during an arrest or investigation in Maryland, Alpert Schreyer Criminal Defense Attorneys can help assess your case and explain your rights and options.
Your future is too important to leave to chance. For more information, contact Alpert Schreyer Criminal Defense Attorneys to schedule a confidential consultation with a criminal defense attorney. Our team is available to assist clients in Lanham, Frederick, Rockville, and Waldorf.
We proudly serve Prince George’s County, Frederick County, Montgomery County, Charles County and the surrounding areas. Visit our law offices at:
Alpert Schreyer Criminal Defense Attorneys Lanham
4600 Forbes Blvd Ste 201 Lanham, MD 20706
(301) 262-7005
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Frederick
25 E Patrick St #200 Frederick, MD 21701
(301) 381-1993
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Rockville
11140 Rockville Pike 550-J Rockville, MD 20852
(301) 364-3195
Available 24/7
Alpert Schreyer Criminal Defense Attorneys Waldorf
8 Post Office Rd, Waldorf, MD 20602
(301) 857-4771