How to Build a Strong Defense Strategy for Homicide Cases in Maryland

When facing a homicide charge in Maryland, the stakes could not be higher. A conviction can lead to severe consequences, including life imprisonment without the possibility of parole or even the death penalty in certain jurisdictions. Given the gravity of such charges, it is crucial to understand how to build a strong defense strategy that can effectively challenge the prosecution’s case. This process involves meticulous preparation, deep understanding of Maryland law, and a comprehensive approach to addressing every aspect of the case.

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Understanding Homicide Charges in Maryland

To build a strong defense, it is important to first understand the nature of homicide charges in Maryland. Homicide is broadly categorized into different types, including first-degree murder, second-degree murder, voluntary manslaughter, and involuntary manslaughter. Each of these charges carries different legal definitions and potential penalties.

First-degree murder is the most serious charge, involving premeditation, deliberate intent, or felony murder, where the death occurs during the commission of a felony. Second-degree murder, on the other hand, typically involves a killing that was not premeditated but was still intentional. Manslaughter charges are less severe, with voluntary manslaughter involving a killing in the heat of passion, and involuntary manslaughter typically involving a death resulting from reckless or negligent behavior.

Understanding these distinctions is crucial for mounting a defense. The defense strategy will vary significantly depending on the specific charge, as well as the circumstances surrounding the incident. A thorough analysis of the charges and the evidence presented by the prosecution is the first step in developing a robust defense.

Andrew D. Alpert

Founding Partner

Michael J. Schreyer

Founding Partner

Michael Berman

Attorney

Jason Miller

Attorney

Investigating the Facts

A thorough investigation is the cornerstone of any effective defense strategy in a homicide case. This involves scrutinizing the facts of the case, including the circumstances surrounding the death, the evidence collected by law enforcement, and the statements made by witnesses. Every detail must be examined for inconsistencies, errors, or potential biases that could weaken the prosecution’s case.

An effective investigation often requires working with a defense team that includes legal professionals, investigators, and forensic specialists. These individuals can reexamine the crime scene, review forensic evidence such as DNA, ballistics, and autopsy reports, and analyze the prosecution’s case for weaknesses. This process may also involve interviewing witnesses, gathering new evidence, and identifying alternative theories that could explain the events in a way that exonerates the defendant.

It is important to challenge the credibility and reliability of the evidence presented by the prosecution. For example, forensic evidence may be contaminated, improperly handled, or misinterpreted. Witnesses may have faulty memories, be biased, or have motives to lie. By uncovering such flaws, the defense can cast doubt on the prosecution’s case, which is essential in creating reasonable doubt in the minds of the jury.

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With criminal charges starting at age 18 and I’m now 45 I recently got a subsequent charge. Working hard at family and work life over the years this would have ruined it all. Stressed to the max I searched for the person who could do what others couldn’t. They structured a plan for me and I walked today from court. Being no stranger to the courtroom he was more than impressive, he owned it. Be honest with him, do what he says and you will no doubt be in the best possible position you could be in when you walk in with him. From the bottom of heart I thank you and your team for all that you did!”

- Ryan W.

Challenging the Prosecution’s Narrative

In a homicide case, the prosecution will typically present a narrative that paints the defendant as guilty beyond a reasonable doubt. The defense strategy must focus on challenging this narrative by presenting alternative explanations and highlighting inconsistencies in the prosecution’s case.

One approach is to undermine the prosecution’s version of events by questioning the reliability of their evidence and witnesses. This could involve exposing contradictions in witness testimony, showing that the forensic evidence is inconclusive, or arguing that the prosecution has failed to prove essential elements of the crime, such as intent or premeditation.

Another key aspect of challenging the prosecution’s narrative is presenting a compelling alternative story. For instance, the defense might argue that the defendant acted in self-defense, that the death was accidental, or that someone else committed the crime. By presenting a plausible alternative explanation, the defense can create doubt about the defendant’s guilt, which is often enough to secure an acquittal or a lesser charge.

Exploring Defenses Based on Maryland Law

Maryland law provides several legal defenses that can be used in homicide cases, depending on the circumstances. Understanding these defenses and how they apply to the specific case is crucial for developing a strong defense strategy.

Self-defense is one of the most common defenses in homicide cases. Under Maryland law, an individual is justified in using deadly force if they reasonably believe that it is necessary to protect themselves from imminent death or serious bodily harm. For a self-defense claim to be successful, the defense must demonstrate that the threat was immediate, that the defendant’s response was proportional to the threat, and that the defendant was not the aggressor.

Another potential defense is insanity. If the defendant was suffering from a severe mental disorder at the time of the crime and could not understand the nature of their actions or distinguish between right and wrong, they may be found not criminally responsible. This defense requires a comprehensive evaluation by mental health professionals and must be supported by compelling evidence.

Diminished capacity is a related defense that argues the defendant’s mental state, while not rendering them legally insane, significantly impaired their ability to form the intent necessary for a first-degree murder charge. This defense can sometimes result in a reduction of the charges to a lesser offense, such as manslaughter.

In some cases, the defense may argue that the homicide was accidental, meaning the defendant did not intend to cause the victim’s death. To succeed with this defense, the defense must show that the death occurred without criminal intent or negligence on the part of the defendant.

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The Importance of Pretrial Motions

Pretrial motions play a critical role in shaping the defense strategy in homicide cases. These motions are legal arguments made before the trial begins, seeking to exclude certain evidence, dismiss charges, or otherwise influence the course of the trial. Effective use of pretrial motions can significantly weaken the prosecution’s case or even lead to the charges being reduced or dismissed.

One common pretrial motion in homicide cases is a motion to suppress evidence. This motion argues that certain evidence should not be admitted at trial because it was obtained in violation of the defendant’s constitutional rights, such as through an illegal search or seizure, or without proper Miranda warnings. If the court grants a motion to suppress, the prosecution may lose key evidence, which can be devastating to their case.

Another important pretrial motion is a motion to dismiss. This motion argues that the charges should be dismissed because the prosecution has failed to present sufficient evidence to support the charges or because there are legal deficiencies in the case. A successful motion to dismiss can result in the charges being dropped entirely, avoiding the need for a trial.

In some cases, the defense may file a motion for a change of venue, arguing that the defendant cannot receive a fair trial in the current location due to pretrial publicity or community bias. If granted, the trial may be moved to a different jurisdiction where the defense believes a fair and impartial jury can be selected.

Verdicts & Settlements

DUI

All Charges Dropped

Found in his parked car with a friend and some open bottles, our client was facing a fourth DUI offense, along with 3 years of prison time and 2 more for probation violation. We didn’t back down in court, and the state dropped all charges after a short recess. Our client did not receive jail time, points, or probation – and he only paid a $50 fine.

DUI

Probationary Deal on a Second Offense

Our client had a .18 BAC in a notoriously heavy-handed jurisdiction, Harford County, where people can easily do 60 days active time on a second offense. Our firm negotiated a plea deal for our client that achieved no conviction, no points, and no jail. The Judge was incredibly impressed with the mitigation package we presented on behalf of client, who was very pleased with the results.

DUI

No Jail Sentence

Our firm secured a no-jail sentence for our client from a very tough Judge in Frederick County. Our client blew a .20 on a third offense, and the prosecutor was asking for active jail time. The Judge said the mitigation package we devised for the client made all the difference and led him to ignore the prosecutor’s jail recommendation in favor of just probation.

DUI

Charge Reduced

One of our DUI clients was facing up to 1 year in jail if convicted, plus $1000 in fines, 12 points on her driving record, and 3 years of supervised probation. By negotiating with the prosecution, we were able to secure a much better result. Our client did not receive a conviction, points, or jail time – instead, she paid only a few hundred dollars and received 1 year of unsupervised probation.

DUI

Not Guilty

After his fifth DUI charge, our client was facing up to 3 years in prison for a conviction. By showing that the field sobriety test result was affected by the client’s disability, our defense attorneys were able to secure a “not guilty” verdict on all counts, after the jury deliberated for only 12 minutes.

DUI

Probationary Deal on 6th Offense

After being arrested for their sixth DUI, our client faced 3 years in jail, up to $3,000 in fines, and a system inclined to award maximum penalties to repeat offenders. Our team managed to secure a probationary deal with no jail time for this client.

Jury Selection and Trial Strategy

The selection of the jury is a crucial phase of any homicide trial. A carefully selected jury can be more receptive to the defense’s arguments and less influenced by the prosecution’s narrative. During the jury selection process, the defense must identify and eliminate potential jurors who may be biased against the defendant or who may have preconceived notions about the case.

Once the trial begins, the defense strategy will focus on presenting a coherent and compelling case that counters the prosecution’s arguments. This involves delivering persuasive opening statements, cross-examining the prosecution’s witnesses to expose inconsistencies, and presenting the defense’s evidence and witnesses in a way that supports the defense’s narrative.

Closing arguments are another critical component of the trial strategy. The defense must summarize the key points of the case, highlight the weaknesses in the prosecution’s evidence, and reinforce the reasonable doubt that has been created throughout the trial. The goal is to leave the jury with a strong impression that the prosecution has failed to meet its burden of proving the defendant’s guilt beyond a reasonable doubt.

The Role of Plea Bargains in Homicide Cases

While going to trial is often necessary in homicide cases, there are situations where a plea bargain may be the best option for the defendant. A plea bargain involves the defendant agreeing to plead guilty to a lesser charge in exchange for a reduced sentence. This can be a viable option when the evidence against the defendant is strong, and the risk of a harsher sentence at trial is high.

The decision to accept a plea bargain should be made carefully and with full consideration of the potential consequences. The defense must weigh the strengths and weaknesses of the case, the likelihood of a favorable outcome at trial, and the potential benefits of a plea deal. In some cases, a plea bargain may offer the best chance for a more lenient sentence and a quicker resolution of the case.

However, it is important to remember that accepting a plea bargain means giving up the right to a trial and the possibility of being acquitted. Therefore, this decision should only be made after thorough consultation with legal counsel and a full understanding of the implications.

The Importance of Experienced Legal Representation

Building a strong defense strategy for a homicide case in Maryland requires an in-depth understanding of the law, meticulous preparation, and the ability to present a compelling case in court. Given the high stakes involved, it is essential to have experienced legal representation that can effectively navigate the complexities of the legal system and advocate on behalf of the defendant.

Alpert Schreyer, LLC is dedicated to providing the highest level of legal representation to individuals facing homicide charges in Maryland. Our team of attorneys is committed to protecting your rights and working tirelessly to achieve the best possible outcome for your case. If you or a loved one is facing a homicide charge, contact Alpert Schreyer, LLC today to discuss your case and begin building a strong defense strategy. Your future may depend on the decisions you make now, and having the right legal team on your side is crucial to securing the best possible result.