Criminal Defense
Criminal Defense Attorneys Serving Baltimore, Frederick, Essex, and Glen Burnie, Maryland
Being arrested or charged with a crime can upend nearly every part of a person's life, from their job and finances to their relationships and reputation. Cohen, Snyder & Eisenberg, P.A. represents individuals facing criminal charges throughout Baltimore, Frederick, Essex, and Glen Burnie, Maryland, helping clients understand the process ahead and the legal options available to them. An arrest or accusation is not the same as a conviction, and every person facing criminal charges is entitled to a defense. This page explains how criminal defense works in Maryland, what happens at each stage of a criminal case, and how a criminal defense attorney may help protect a defendant's rights.
What Is Criminal Defense?
Criminal defense refers to the legal process of representing someone who has been accused, arrested, or charged with a criminal offense. The goal of criminal defense is to protect the accused person's constitutional rights, challenge the government's evidence where appropriate, and advocate for a fair outcome under the law. A criminal charge is a formal accusation that a person violated a criminal statute. It is not proof of guilt. Under the American legal system, a person is presumed innocent unless and until they are convicted, whether through a plea or a trial verdict.
Criminal defense work can involve many stages, including investigation, arraignment, pretrial motions, plea negotiations, trial, and sentencing. The specific path a case takes depends on the nature of the charge, the evidence involved, and decisions made by the prosecutor, the court, and the defendant.
Misdemeanor vs. Felony Charges in Maryland
Maryland classifies criminal offenses as either misdemeanors or felonies. Generally, misdemeanors are considered less serious offenses and carry comparatively lower maximum penalties, while felonies involve more serious conduct and can carry significantly harsher consequences, including longer periods of incarceration. Some offenses, depending on the circumstances and prior record of the accused, may be charged differently based on the facts of the case. The classification of a charge affects which court handles the case, the potential penalties involved, and the long-term consequences of a conviction. Because Maryland law treats these categories differently, understanding how a specific charge is classified is an important early step in any criminal matter.
What Happens After an Arrest in Maryland?
An arrest occurs when law enforcement takes a person into custody based on probable cause that they committed a crime. After an arrest, a person is typically processed, which may include fingerprinting, photographing, and a period of detention. Depending on the charge, the accused may be brought before a court commissioner or judicial officer for an initial appearance, where bail or pretrial release conditions may be addressed.
An arrest itself is not a conviction. It reflects law enforcement's belief that probable cause exists, but the case must still proceed through the criminal justice system before any determination of guilt is made.
What Should I Do After Being Arrested?
Anyone who has been arrested should be mindful of two fundamental constitutional protections: the right to remain silent and the right to legal representation. Statements made to police, whether during questioning or informally, can potentially be used later in the case. Individuals are generally not required to answer questions beyond providing basic identifying information, and they have the right to request an attorney before speaking further with law enforcement. Contacting a criminal defense attorney early in the process allows the attorney to begin reviewing the circumstances of the arrest and advising on next steps.
What Happens After Someone Is Charged With a Crime?
Once formal charges are filed, the case moves into the court system. The steps that follow can vary depending on whether the charge is a misdemeanor or felony and which Maryland court has jurisdiction, but the process generally includes several key stages.
Bail and Pretrial Release
After charges are filed, a court may set conditions for pretrial release, commonly referred to as bail. The court considers factors such as the nature of the charge, the defendant's ties to the community, and any perceived risk to public safety when determining whether and under what conditions a defendant may be released while the case is pending.
Arraignment and Initial Appearances
An arraignment is a court proceeding where the defendant is formally informed of the charges against them and asked to enter a plea, such as guilty, not guilty, or in some cases, no contest. In Maryland, this stage may be combined with or follow an initial appearance, depending on the type of case. This is often one of the first opportunities for a defense attorney to review the charging documents and begin identifying legal issues in the case.
Preliminary Hearings and Pretrial Motions
For certain felony charges, a preliminary hearing may be held to determine whether sufficient evidence exists for the case to proceed. Throughout the pretrial phase, a defense attorney may file motions addressing issues such as the admissibility of evidence, the legality of a search, or procedural errors. Pretrial motions can play an important role in shaping the direction of a case before it reaches trial.
Criminal Investigations, Evidence, and Constitutional Rights
Every criminal case involves evidence, which may include physical evidence, witness testimony, video footage, forensic reports, or statements made by the accused. The strength and reliability of this evidence often shapes the direction of a case.
Police Questioning, Searches, and Search Warrants
The Fourth Amendment to the U.S. Constitution protects individuals from unreasonable searches and seizures. In many circumstances, law enforcement must obtain a search warrant supported by probable cause before searching a person's property, though there are recognized exceptions under the law. When evidence is gathered improperly, a defense attorney may examine whether it should be excluded from the case.
The Right to Remain Silent and the Right to Counsel
The Fifth and Sixth Amendments protect an individual's right to avoid self-incrimination and their right to legal representation. These rights apply throughout the criminal process, including during police questioning, court proceedings, and negotiations with prosecutors. Understanding and asserting these rights early can be an important part of protecting a person's position in a criminal case.
Common Types of Criminal Charges in Maryland
Criminal defense attorneys at Cohen, Snyder & Eisenberg, P.A. work with clients facing a wide range of allegations, including:
DUI and DWI offenses
involving allegations of operating a vehicle while impaired by alcohol or drugs
Drug offenses
including possession, distribution, or manufacturing allegations
Assault charges
ranging from minor altercations to more serious violent offense allegations
Theft and property crimes
such as shoplifting, burglary, or destruction of property
Domestic violence-related charges
which often involve additional civil protective order proceedings
Weapons offenses
including allegations related to unlawful possession or use of a firearm
Traffic-related criminal offenses
which differ from routine traffic infractions when they involve criminal statutes
Each of these charge types carries different potential penalties and procedural considerations under Maryland law. Some charges may also be prosecuted at the federal level rather than through Maryland state courts, depending on the nature of the alleged conduct and which authority is pursuing the case.
Plea Negotiations, Trials, and Sentencing
Not every criminal case proceeds to trial. In many instances, the defense and prosecution engage in plea negotiations, which may result in a plea agreement. A plea agreement typically involves the defendant agreeing to plead guilty or no contest, sometimes to a reduced charge, in exchange for terms recommended to the court. Whether a plea agreement is appropriate depends entirely on the facts, evidence, and goals specific to each case.
If a case proceeds to trial, the prosecution must prove the charges beyond a reasonable doubt before a judge or jury. A defense attorney may cross-examine witnesses, challenge evidence, and present arguments on behalf of the accused throughout this process.
Sentencing and Probation
If a person is convicted, either through a plea or trial, the court proceeds to sentencing. Maryland sentencing depends on the specific offense, statutory guidelines, and factors such as prior record and the circumstances of the case. Sentences may include incarceration, fines, probation, or a combination of penalties. Probation allows a person to remain in the community under court-ordered conditions instead of, or in addition to, incarceration, though violating those conditions can result in additional consequences.
Collateral Consequences of a Criminal Conviction
Beyond court-imposed penalties, a criminal conviction can carry collateral consequences that affect a person's life long after a case concludes. These may include difficulty obtaining employment, housing, or professional licensing, as well as immigration consequences for non-citizens. The scope of these consequences depends on the type of conviction and the specific circumstances involved.
Expungement and Record-Related Issues in Maryland
Maryland law allows certain criminal records to be expunged under specific circumstances, though eligibility depends on the type of charge, the outcome of the case, and applicable waiting periods. Not all charges or convictions qualify for expungement. Anyone concerned about the long-term impact of a criminal record may want to discuss their specific situation with an attorney familiar with Maryland's expungement process.
The Role of a Criminal Defense Attorney
A criminal defense attorney's role is to protect the legal rights of the accused throughout every stage of the criminal justice process. This can include reviewing police reports and evidence, investigating the circumstances surrounding an arrest, identifying constitutional issues, negotiating with prosecutors, and, when necessary, representing the defendant at trial. An attorney also helps a client understand the charges they face, the potential penalties involved, and the practical implications of decisions made throughout the case.
Cohen, Snyder & Eisenberg, P.A. works with clients throughout Baltimore, Frederick, Essex, and Glen Burnie to help them understand their charges and evaluate their legal options. Because criminal cases are fact-specific, the appropriate defense strategy varies significantly depending on the evidence, the charges involved, and the court handling the matter.
When Should Someone Contact a Criminal Defense Attorney?
Generally, it is advisable to contact a criminal defense attorney as soon as possible after an arrest, being charged with a crime, or learning that you are under investigation. Early involvement allows an attorney to begin reviewing evidence, advising on communications with law enforcement, and identifying potential issues before critical deadlines pass. Waiting too long to seek legal guidance can limit the options available in a case.
About Criminal Defense in Maryland
A criminal defense attorney represents individuals accused of crimes, working to protect their constitutional rights, review evidence, negotiate with prosecutors when appropriate, and represent them in court proceedings, including trial if necessary.
Generally, individuals should remain calm, avoid answering questions beyond identifying information, and request to speak with an attorney before discussing the incident further with law enforcement.
Individuals have a constitutional right to remain silent and are generally not required to answer questions from law enforcement without an attorney present. Speaking with an attorney before answering questions can help a person understand their rights and options.
Misdemeanors are generally considered less serious offenses with comparatively lower maximum penalties, while felonies involve more serious conduct and can carry significantly harsher potential consequences, including longer periods of incarceration.
After charges are filed, the case typically proceeds through stages such as an initial appearance or arraignment, pretrial motions, possible plea negotiations, and, if necessary, trial and sentencing.
At an arraignment, the defendant is formally informed of the charges against them and enters a plea. This stage also allows the defense to begin reviewing the charging documents.
Charges may be dismissed under certain circumstances, such as insufficient evidence or procedural issues, but dismissal depends entirely on the specific facts and legal issues present in a case. No outcome can be guaranteed.
Penalties vary widely depending on the offense and can include fines, probation, incarceration, or a combination of these, as determined by Maryland sentencing laws and the specifics of the case.
A plea agreement is an arrangement in which a defendant agrees to plead guilty or no contest, sometimes to a reduced charge, in exchange for terms recommended to the court by the prosecution.
At trial, the prosecution must prove the charges beyond a reasonable doubt before a judge or jury, while the defense may challenge evidence, cross-examine witnesses, and present arguments on behalf of the accused.
While it is a personal decision, criminal charges can carry serious and lasting consequences, and legal representation can help a person understand the process, protect their rights, and evaluate their options.
An attorney can review the evidence, examine whether constitutional rights were respected during the investigation and arrest, negotiate with prosecutors, and represent the defendant throughout court proceedings.
An arrest occurs when law enforcement takes a person into custody based on probable cause, while a charge is the formal legal accusation filed with the court that begins the prosecution of a case.
Yes, a criminal conviction can potentially affect employment opportunities, housing applications, professional licensing, and other areas, depending on the nature of the conviction and the specific circumstances involved.
Certain Maryland criminal records may be eligible for expungement depending on the type of charge, the case outcome, and applicable waiting periods, though not all records qualify.
Discuss Your Case With a Criminal Defense Attorney
Facing a criminal charge can feel overwhelming, particularly when your future, your job, and your family may be affected by the outcome. Cohen, Snyder & Eisenberg, P.A. works with individuals throughout Baltimore, Frederick, Essex, and Glen Burnie who are dealing with arrests, criminal charges, or ongoing investigations, helping them understand their rights and the legal process ahead.
If you have been arrested, charged with a crime, or have questions about a criminal matter in Maryland, contact Cohen, Snyder & Eisenberg, P.A. to schedule a consultation and discuss the specific facts of your situation.
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