Being arrested for assault can be a confusing and frightening experience, especially if you are unsure of what to do next. Maryland laws take assault charges seriously, and the consequences can be severe. It is important to remain calm and take the right steps to protect your rights and avoid making the situation worse. Knowing what to do immediately after an arrest can help you navigate the legal process more effectively. This guide will explain the most important things to remember if you find yourself in this difficult situation. At, Alpert Schreyer, LLC , we are here to guide you through the legal process and help you navigate the complexities of your case.
Stay Calm and Remain Silent
One of the first things to remember after being arrested for assault in Maryland is to stay calm. It is natural to feel upset or even angry, but reacting emotionally can lead to additional charges or make your situation more complicated. The police may ask you questions about the incident, but it is essential to know that you have the right to remain silent. Anything you say can be used against you in court, so it is wise to speak as little as possible until you have legal representation. Even if you feel you are innocent, talking without a lawyer present can lead to misunderstandings or statements that might harm your case later.
When the police arrest you, they may try to get you to explain what happened or admit to certain actions. It is important to resist the urge to explain your side of the story. No matter how confident you are in your innocence, wait until you have a lawyer by your side before answering any questions. Staying silent is not an admission of guilt but a way to protect your legal rights.
Do Not Resist Arrest
Another critical thing to remember is that you should never resist arrest, even if you believe the charges are unfair. Resisting arrest can lead to additional charges, making your situation much worse. The police are trained to handle situations where a person becomes uncooperative, and resisting can quickly escalate the encounter. Even if you think the arrest is unjust, it is better to comply with the officers’ instructions and let your attorney address the issue later.
Resisting arrest does not only include physical resistance. Arguing with the police, refusing to follow their instructions, or even pulling away when they try to handcuff you can be seen as resisting. The best thing you can do in this situation is to remain still, comply with the officer’s commands, and avoid confrontation.
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Request Legal Representation Immediately
After your arrest, one of the most important steps is to ask for a lawyer right away. In Maryland, you have the right to legal representation, and it is essential to use this right as soon as possible. A lawyer can help you understand the charges against you and guide you through the legal process. They will also be able to advise you on how to respond to the police and what steps to take to protect your interests.
If you cannot afford a private attorney, the court will appoint one to represent you. However, if you can hire your own lawyer, it is often best to choose someone who has experience with assault cases in Maryland. Your lawyer will be your advocate throughout the legal process, helping you build a defense and ensuring that your rights are protected at every step.
Understand the Charges Against You
Assault charges in Maryland can be complicated, and it is important to understand exactly what you are being accused of. In Maryland, assault is generally divided into two categories: first-degree assault and second-degree assault. First-degree assault is a more serious charge and usually involves causing or attempting to cause serious physical injury to another person. Second-degree assault, while still a serious charge, is less severe and typically involves causing or threatening to cause less serious harm.
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Your lawyer will help explain the specific charges against you and what the potential penalties are. Understanding the charges is crucial because it will affect how you prepare your defense and what legal strategies are available to you. Your attorney will also explain whether there are any other related charges, such as battery or domestic violence, that you may be facing as well.
Cooperate With the Legal Process
After your arrest, you will likely go through several legal procedures, including a court appearance. It is important to cooperate fully with the legal process. This means showing up for all scheduled court dates and complying with any instructions or conditions set by the court, such as bail requirements or travel restrictions.
Failing to appear in court or not following the court’s instructions can lead to additional legal problems, including the possibility of a bench warrant being issued for your arrest. Staying on top of the legal process and working closely with your attorney is the best way to ensure that your case proceeds smoothly.
Your lawyer will help you understand what to expect during each stage of the process and what you need to do to comply with the court’s requirements. The legal process can be confusing, but your attorney will guide you through it, ensuring that you do not miss any important deadlines or court dates.
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Gather Evidence and Witnesses
If you are arrested for assault, it is important to start gathering evidence and witnesses as soon as possible. Your lawyer will help you with this process, but you can also take steps to assist in building your defense. For example, if there were any witnesses to the incident who can support your version of events, you should provide their contact information to your attorney. Witnesses can play a crucial role in helping to establish the facts of the case.
If there is any physical evidence related to the incident, such as photos, medical records, or surveillance footage, your lawyer will work to obtain it. This evidence can be used to challenge the prosecution’s version of events and help prove your innocence. The sooner you start collecting evidence, the better your chances are of building a strong defense.
Follow Your Attorney’s Advice
Your lawyer will provide you with specific advice based on the details of your case, and it is important to follow their guidance closely. Assault cases can be complex, and your attorney will have the knowledge to navigate the legal system effectively. Whether it involves making decisions about plea bargains, preparing for trial, or understanding the possible outcomes of your case, your lawyer’s advice will be crucial in helping you achieve the best possible result.
There may be times when the legal process seems overwhelming, or you are unsure of what to do next. In these moments, trust your attorney’s experience and let them guide you. They will be able to evaluate the evidence, identify weaknesses in the prosecution’s case, and recommend the best course of action for your defense.
Verdicts & Settlements
Avoid Discussing the Case With Others
One of the most important things to remember after an arrest for assault is that you should avoid discussing your case with anyone other than your attorney. This includes family, friends, and even co-workers. While it may be tempting to explain your side of the story to others, anything you say can potentially be used against you in court.
It is also important to avoid posting about your case on social media or discussing it in any online forums. Information shared online can be easily accessed by the prosecution and may be used to build a case against you. The best way to protect yourself is to remain silent and let your lawyer handle all communication related to the case.
Be Prepared for Possible Outcomes
When you are arrested for assault, it is important to be prepared for the possible outcomes of your case. The penalties for assault in Maryland can vary depending on the circumstances of the incident, the severity of the charges, and your criminal history. Possible outcomes can include fines, probation, community service, or even jail time.
Your lawyer will help you understand the potential penalties you are facing and what steps you can take to minimize the consequences. In some cases, your attorney may be able to negotiate a plea deal or get the charges reduced. In other cases, they may recommend going to trial to fight the charges. Whatever the outcome, your lawyer will work with you to ensure that you are fully prepared for each step of the process.
If you or a loved one has been arrested for assault in Maryland, it is crucial to have a strong legal defense. Alpert Schreyer, LLC has extensive experience handling assault cases and can provide the legal representation you need to protect your rights and achieve the best possible outcome. Our dedicated attorneys will guide you through the legal process, help you understand the charges against you, and build a strong defense on your behalf. Contact Alpert Schreyer, LLC today for a consultation and let us assist you in defending your rights.