Felonies and Misdemeanors
While there is a historic difference between felonies and misdemeanors, in Maryland today the essential differences are:
- the punishment is greater for felonies
- felony charges are begun in the Circuit Court
- felony charges, because of the greater punishment, include the right to a jury trial
The right to a jury trial only attaches to a charge with a potential punishment of more than 90 days in jail. Trials by jury only proceed in the Circuit Courts.
For a variety of reasons, my trials typically take place in the circuit court. The decision how to proceed depends on the particular circumstances of each case. An experienced criminal defense lawyer can give you advice specific to your situation.
The Basics of Criminal Law and Procedure
In nearly all criminal cases, the accused is facing the possibility of jail. Because of the seriousness of this potential loss of liberty, the government has certain burdens:
- the accused must have performed the act that violates the law
- the accused must have had the intent to commit the act
- the prosecution can only use lawfully obtained and admissible evidence
- the prosecution's evidence must prove the act and intent beyond a reasonable doubt.
The accused has no obligation to prove innocence. The issue is whether the prosecution has proved guilt. Thus a criminal defendant enters a plea of "guilty" or "not guilty", and these are the only possible verdicts.
How I Can Help You
For clients whom I accept, I use every legal means to defend them. I do not start with the goal of of working out a deal with the prosecution. From the moment I first meet with my client, I begin designing strategies to win and then analyzing which strategies will work. Our American criminal justice system depends on defense attorneys working within the system to win.
Learn what I can do for you.The consultation is free. Contact me without delay.