Criminal Law
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ARRESTED ON CRIMINAL CHARGES? WE’LL FIGHT FOR YOU.
Criminal law is the body of law that deals with crimes and their prosecution. It regulates social conduct and proscribes actions that are threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people. It includes the punishment of people who violate these laws. Criminal law varies according to jurisdiction, and differs from civil law, where emphasis is more on dispute resolution and victim compensation than on punishment.
The Law Offices of McKenzie & Tehrani is dedicated to helping people through what is often the most difficult time in their lives. When you are charged with a crime, or even being investigated or questioned by law enforcement, it is never an easy process. It can be embarrassing, intimidating, and even downright scary. Most people have no idea what to say, who to turn to, or how to handle these situations. It is simply not something you learn in school or from your parents – that is why having a lawyer that you can trust is so important. Because no two cases are the same, and no two clients have exactly the same issues or priorities, you must be able to trust that your lawyer excels at what he does, will always be honest with you, and will focus on helping you on a personal level.
When Mr. McKenzie and Mr. Tehrani started this practice, more than anything else, we were resolved to not make the same mistakes that we witnessed other lawyers make during our time working in the prosecutor’s office and as law clerks to Montgomery County circuit court judges. Too often, lawyers would approach us about their client’s case not really knowing anything about the person who had placed so much trust in their hands. The reality is that in order to fight for your client, you have to know who your client is and what is important to them. That means being available to answer questions, examine the case in detail, and simply talk about the ways in which their lives are being affected by the situation that they are in.
Our experience on both sides of the criminal justice aisle provides us with a unique insight and expertise into what it takes to come out on top both in the courtroom and when dealing with the other side. We handle cases at all levels of the criminal justice system, from federal court, state and county courts, all the way down to traffic offenses. No matter how big or small the problem facing you, the goal is that you leave the office feeling better about the situation than when you came in the door, and that at the end of the day, you can get on with your life and leave those troubles in the past.
Our practice is geared towards helping individuals and families across the Washington Metropolitan Area navigate through the legal process, minimize the effect of the legal system on their daily lives, and come out on the winning side in any legal matter. We believe in doing superior work for a fair fee, and client satisfaction and comfort will always be our top priority. This is why our motto has always been “A Personal Approach with Proven Results.” We take your case as seriously as you take the decision to hire a lawyer. Anything less is a waste of time.
WHAT HAPPENS IF I AM ARRESTED?
If you are arrested for breaking a criminal law, the case is taken before a judge or magistrate who may issue a warrant if necessary and set bond for appearance in court. If the defendant cannot post the bond he may be incarcerated pending appearance in court. If bond is posted, he will remain free pending appearance at an arraignment. An arraignment usually occurs within 24 hours of the arrest or the first date available if on a weekend or holiday. The arraignment is held before a judge. During the arraignment the defendant is formally told what offense he is charged with, and told their constitutional rights. The defendant will enter a plea of guilty or not guilty, bond may be reviewed, and a judge is assigned to the case.
CAN POLICE OFFICERS USE FORCE TO ARREST ME?
A police officer may use as much force as is necessary to arrest you. However, unreasonable force is considered assault. After arrest, a police officer may handcuff you if you attempt to escape or if the officer considers it necessary to prevent you from escaping. If you claim that force was used to arrest you, a judge with decide whether or not the force used was reasonable in the circumstances.
WHAT IS A SEARCH WARRANT?
A search warrant is an order issued by a judge that authorizes police officers to conduct a search of a specific location. Before a search warrant may be issued, there must be a showing of probable cause.
IF A POLICE OFFICER KNOCKS ON MY DOOR AND ASKS TO SEARCH MY HOME, DO I HAVE TO LET THE OFFICER IN?
Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence.
WHAT IF I AGREE TO THE SEARCH?
If you voluntarily consent to a search of your home, automobile or person, the officer can then conduct a full search without a warrant. Anything the officer finds during that search can later be used against you in court.
WHAT IS THE PLAIN VIEW DOCTRINE?
Police officers do not need a warrant to seize contraband that is in plain view if the officer is in a place that he or she has a right to be.
Example: Officer Doright is standing in your doorway talking to you about the weather. While talking, Officer Drought notices a bag of cocaine and a sawed-off shotgun on your couch. Officer Doright can legally seize these items without a search warrant because they are in plain view.
WHAT IS BAIL?
What is bail?
Bail is money or other property that is deposited with the court to ensure that the person accused will return to court when he or she is required to do so. If the defendant returns to court as required, the bail will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not come to court when required or violates his or her bail conditions, the bail will be forfeited to the court and will not be returned.
What types of bail may the court set?
- Recognizance: This is the defendant’s written promise to appear in court on the date set and abide by the terms set by the magistrate or judge. No monetary pledge, cash deposit of security by property or professional bondsman is required.
- Unsecured Bond: This release pending court appearance is based on the defendant’s written agreement to appear in court on the date set and abide by the conditions set by the magistrate or judge. It is backed by an agreement by the defendant to forfeit money to the court if she or he does not appear in court on the date set.
- Secured Bond: This is secured by either a cash deposit, a pledge of real or personal property, or a pledge by a third party that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event that the defendant does not appear in court on the date set.
IF I AM ARRESTED, CAN THE OFFICER SEARCH ME?
Police officers do not need a warrant to conduct a search after making an arrest. After making and arrest, the officer can legally search the person being arrested and the area in the immediate control of the person.
WHAT HAPPENS AT A PRELIMINARY HEARING?
- Every person who is charged by warrant is entitled to a preliminary hearing. If a person remains in jail, he or she is entitled to a preliminary hearing, usually within 10 days of arrest. If a person is released from jail on bond, he or she is entitled to a preliminary hearing within 15 days of arrest.
- A preliminary hearing is an examination of the charge against the accused. The prosecutor must present evidence and witnesses that prove that it appears that an offense has been committed and that there is a probable cause to believe that the person accused committed the offense. The accused may cross-examine witnesses and may present evidence if he or she wishes.
- If the judge makes a finding of probable cause after hearing the evidence, the charge is sent to the grand jury. If the judge does not find that it appears that an offense has been committed or that the accused is likely the person who committed an offense, the accused is discharged and the charge is dismissed. If the accused is discharged and the charge is dismissed after a preliminary hearing, the prosecutor may still present evidence to the grand jury to see if they will find probable cause.
WHAT HAPPENS AT AN ARRAIGNMENT?
- You have the right to be arraigned without unnecessary delay after being arrested. You will appear before a judge who will tell you officially of the charges against you at your first arraignment. At the arraignment, and attorney may be appointed for you if you cannot afford one, and bail can be raised or lowered. You also can ask to be released on personal recognizance, even if bail was previously set.
- If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment. Or, if the court approves, you can plead nolo contendere, meaning that you do not admit guilt but you admit the truth of the facts alleged in the complaint or indictment. Legally, this is the same as a guilty plea; however, it cannot be used against you in a subsequent civil case.
- Before pleading guilty to some first time offenses, such as drug possession in small amounts for personal use, you may want to find out if your county has any drug diversion programs. Under these programs, instead of fining you or sending you to jail, the court may order you to get counseling which can result in dismissal of the charges if you complete the counseling.
- If misdemeanor charges are not dropped, a trial will be held later in the municipal court. If you are charged with a felony and the charges are not dismissed, the next step is a preliminary hearing.
I AM AFRAID I WAS CAUGHT RED HANDED. IS IT EVEN WORTH HIRING AN ATTORNEY, OR SHOULD I SAVE MY MONEY AND TAKE MY CHANCES?
If you are charged with a crime in Maryland, you should always seek the counsel of an experienced criminal defense attorney. You may have many defenses available to you that are not obvious to you. Do not despair, help is available. There are very few situations in which we cannot help our client improve their situation. Even in situations where our clients are clearly guilty of committing a crime, we routinely get charges dropped or reduced, and punishments reduced. We are very good at securing alternatives to jail for even our most guilty clients including work release, house arrest, electronic monitoring, or community service.
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We’re here to help answer your questions. Judicial matters can be complicated, our experts are on hand to help inform you of every aspect regarding your topic. We take great pride in using our expertise for you and look forward to hearing from you.
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Some states refer to it as Driving Under the Influence (DUI), others refer to it as Driving While Intoxicated (DWI), and a small group of states called it Operating Under the Influence (OUI). (We generally refer to it as “DUI” at this site.)
This criminal offense generally includes either driving under the influence of alcohol to the extent it impairs your physical and mental faculties or driving while you have a blood alcohol content of .08 or greater regardless of whether the alcohol has had any effect on you. The offense is also mistakenly known as “drunk driving” although that term has no official meaning and is a misnomer because you don’t have to be drunk (or driving) in order to be arrested and convicted of a DUI.
Simply put the answer is-no. But there will most likely be administrative consequences for turning it down. There are two types of breath tests given, the Preliminary Breath Test and the Police Station Test.
Preliminary Breath Test
It is easiest to differentiate these two tests by describing them in the sequence they are most likely to appear. The first breath test is usually given on the side of the road, just before you are arrested, and the second one is given after you are arrested and driven to a police station.
Many traffic enforcement police officers have a device in their car that can detect the alcohol levels in your breath. According to Maryland DUI LAW, the legal term for this side-of-the-road test is the “Preliminary Breath Test.” This machine is not legally reliable and is only used as a guide to determine whether you should be arrested. Once arrested, however, an officer will likely take you to a police station for an official breath or blood test.
It is important to remember that a Preliminary Breath Test is NOT mandatory. A police officer will likely not tell you this. The officer might just say they’d like you to take a quick test without giving you any indication of its significance. Remember, refusing this test will have no impact on your driver’s license. And if you take the test or refuse to take the test, the results of your refusal cannot be used by the State in any court action. So do you need to take one of these first DUI/DWI breath tests, if they are offered? Not at all.
The Police Station Breath or Blood Test
The second test which is the one we all think of when you hear the phrase “DUI/DWI breath tests”: the police station breath or blood test. This official test is given by a police officer who is specially certified to administer it. If regularly calibrated, this machine is very accurate at determining blood alcohol content legal limits. The results of this test can, and will, be used against you.
You do not have to take this test, but you should be very cautious before making the decision to refuse. No one can make you take these DUI/DWI breath tests—but there are serious consequences for refusing one.
If an officer has reasonable grounds to ask you to take a breath test and you refuse, then the Motor Vehicle Administration (MVA) can, and probably will, impact your right to drive. First, the officer will take your driver’s license from you and give you a piece of paper that serves as your temporary driver’s license. This paperwork will inform you that you have a right to a hearing to argue that your driving privileges should not be affected.
There are important deadlines for filing that paperwork, so read it very carefully to avoid the harshest penalties for DWI AND DUI. If the MVA process does not go smoothly, your refusal of a lawfully requested police station breathalyzer carries a 9-month suspension of your driver’s license. Each subsequent time you refuse, you will receive a 2-year suspension of your license. And there’s no work-restricted option for this suspension. The only way to get around these suspensions is to install an Ignition Interlock machine in your car for a period of at least 1 year. Unlike most refusals to cooperate with the police, turning down a breathalyzer can be used against you in your trial.
DUI PENALTIES IN MARYLAND
If you have been charged with a drunk driving offense in Maryland, you could face the following penalties:
- First offense:
- Up to one year in jail
- Up to $1,000 fine
- Minimum six-month suspension of driver’s license
- Second offense:
- Up to two years in jail
- Up to $2,000 fine
- One-year suspension of driver’s license
DWI PENALTIES IN MARYLAND
While the penalties for a Maryland DWI are not as severe as the penalties for having a BAC over .08%, there are still serious consequences:
- First offense:
- Up to sixty days in jail
- Up to $500 fine
- Minimum six-month suspension of driver’s license
- Second offense:
- Up to one year in jail
- Up to $500 fine
- One-year suspension of driver’s license
1. Don’t Drink and Drive!
Obviously, the best tip is to never put yourself in a situation where you are likely to drink and drive.
- If you are going to drink, choose a designated driver.
- If you realize you had too much to drink, call UBER, a cab, or have someone pick you up.
2. If you decide to drive and realize you are impaired, pull over and park in a safe and legal area
Take your keys out of the ignition. You can still be charged with a DUI even if your vehicle is stopped. If your vehicle is blocking a roadway and indications were that you had been driving (keys in the ignition, hood warm to the touch) you will be charged with a DUI, so make sure to park in a safe place and take the keys out of the ignition and move to the back seat.
3. Don’t attract attention to your vehicle
In my experience, some DUI drivers are stopped for reasons most people wouldn’t expect. Forgetting to turn on your headlights, playing your music too loud, tinted windows, expired tags are just some of the silly reasons that people are pulled over for DUI that have little to do with being impaired.
4. If the police car pulls you over, stop in a safe and well-lit area
How you respond to police pulling you over is just one of the tests in whether you are impaired or not. If you take too long to pull over or pull over quickly on the side of the freeway, the officer is going to take this into account in gauging whether you are DUI or not.
5. Be Polite
If someone gave you a hard time at your job, you’d probably make their life more difficult. Police Officers are no different. While being courteous will not get you out of a DUI, it will make the officers hopefully treat you with the same respect. The arresting officer has to document everything you do and your demeanor on a police report that will be vital to your criminal and MVA cases, so how he depicts you in that report is very important.
6. Don’t be a Chatty Cathy
You don’t have to answer any of the preliminary questions, i.e. what you drank, how much you drank and where you drank. If you feel that you are impaired, your answers will only convict you further. Respectfully advise the officer that you’d rather not answer any questions. In many DUI cases, the driver’s own words are the strongest evidence against them.
7. Refuse to do the preliminary field sobriety tests
The tests that are done at the traffic stop are not mandatory. Again, only refuse to take the field sobriety tests if you feel impaired. If you are already impaired, the result of these field tests are used to substantiate the DUI charges against you, so don’t give them the rope to hang you with. Furthermore, the results of your Field Sobriety Tests are purely at the discretion of the officer.
8. Choose the Breath Test at the Station
Once you are placed under arrest for DUI, you will be provided with an “Advice of Rights Form” advising you of the of penalties if you refuse to take the breath test at the Police Station. Failure to take the breath test could result in the loss of your license for a substantial period of time.
9. Trust your license to a specialist
You have 30 days from the date of your arrest to request a hearing to save your license. If you do not request a hearing, your license will automatically go into suspension. Don’t think that you can go into the MVA hearing yourself and beg and plead to keep your license. The hearing officer will tell you that the hearing deals only with the technicalities of your DUI and has nothing to do with your personal hardship. DUI Attorneys Joseph C. Mckenzie and Payman Tehrani have handled hundreds of DUI MVA hearings and know what the issues are and how to win.
10. Don’t throw yourself at the “mercy of the court.”
One of the common misfortunes that we see as DUI lawyers in court is the poor souls who march in and, attempt to resolve their own DUI case. The common misconception is that the Judge or the Prosecutor will feel sorry for them and give them a break.
ROCKVILLE OFFICE
20 Courthouse Square, Suite 213, Rockville, MD 20850
Phone: (301) 209-7024
Email:JMcKenzie@mtmd-law.com
GREENBELT OFFICE
6411 Ivy Ln Suite 540, Greenbelt, MD 20770
Phone: (301) 209-7024
Email: JMcKenzie@mtmd-law.com