Rockville Criminal Defense Lawyer

Arrest or Notice to Appear

An arrest occurs when a police officer has probable cause to believe that someone has committed a crime. Upon arrest, the officer must read the defendant’s Miranda rights. Following their arrest, the defendant will typically be booked in a detention facility, where their information is recorded.

Initial Appearance

The defendant may be held in jail until their appearance before a judge, usually within 24-48 hours of the alleged crime. During this initial hearing, the judge will advise the defendant of their charges, ensure they understand their rights, set bail or release conditions, and appoint counsel if the defendant cannot afford an attorney.

Arraignment

At the arraignment, the defendant enters a plea of guilty, not guilty, or no contest. If the defendant pleads guilty, a sentencing hearing will be scheduled. If the plea is not guilty, a trial date will be set.

Pre-Trial Proceedings

Both the prosecution and the defense will gather and present evidence that they plan to use at trial. This process ensures that each side will have the opportunity to review facts, motions, and other evidence. Plea bargaining almost always takes place during pre-trial proceedings.

Pre-Trial Conference

Prior to the trial, the judge and attorneys will meet for a pre-trial conference to discuss the status of the case. At this meeting, the parties will discuss legal issues, clarify trial dates, and possibly even negotiate a plea deal.

Trial

If the defendant pleads not guilty, the defendant will have the choice between a jury trial or a bench trial (trial by judge). Should they elect a jury trial, both sides will ask potential jurors questions to ensure that they can be impartial. At trial, the prosecution will present their evidence first, followed by the defense. After both parties have had the opportunity to present physical evidence and call and cross-examine witnesses, closing arguments will be delivered. The jury will then deliberate and render a verdict.

Sentencing

If the defendant is convicted, there will be a sentencing hearing. In Maryland, the judge will consider multiple factors, such as: The severity of the crime, Prior criminal history, Victim impact statements, and Aggravating circumstances. The judge can impose various penalties, including fines, probation, restitution, and jail time.