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April 28, 2016
What Happens When You’re Charged with a Crime in Maryland? Are Juveniles Treated Like Adults?
The answer may depend on your age, and the particulars of your crime. In Maryland, there are four paths following criminal charges: (1) If you are 18 years or older you will be charged as an adult, and move through the adult penal system, (2) If you are between 14 and 18 years old and are being charged with a crime that could result in life in prison if you were an adult, you may be charged as an adult and move through the adult penal system, (3) If you are under 18 years old, you may be charged as a juvenile, and proceed through the juvenile justice system, or (4) If you are 11-17 years old you may be charged as a juvenile and work your way through the Teen Court system. Your path depends on a number of factors including your criminal history and severity of the current charges.
An adult’s journey through the criminal justice system may begin with an arrest followed by up to 24 hours in jail, at which point they must either be released or provided a bail hearing. A judge will hear the basics of the case, and either set bail to give the defendant an opportunity to leave jail pending additional hearings, or deny bail which will force him or her to stay incarcerated until the next hearing date. Next, there will be an arraignment to hear the formal charges and enter a plea–guilty, not guilty, or nolo contendere (not admitting guilt, but subjecting oneself to punishment). Following the arraignment, there may be a preliminary hearing to make the charges clear, ensure access to an attorney, and learn whether there is probable cause for felony charges. There will also be an opportunity to request a jury trial when applicable. Following initial hearings, the prosecution may offer a plea deal, or may move forward with a trial and, if convicted, sentencing. Finally, if the case was not properly heard or the outcome was not in line with the law, there is an appeals process. It is important to note that there is a right to an attorney at all stages of this process, from the moment of arrest.
The primary goals of the adult criminal system are to keep the public safe and to punish people for criminal actions. On the contrary, the juvenile justice system strives to address the issues that lead to criminal behavior and prevent future criminal activities, all the while keeping the public safe.
Following an arrest, a person under age 18 may be referred to the Department of Juvenile Services. For a less serious crime, the Department of Juvenile Services may simply offer counseling and treatment for any issues that led to the criminal behavior, or may present Teen Court as an option if it is available in the jurisdiction. If the young person is charged with more serious crimes, or is charged with subsequent offenses, the case will likely be referred to the State’s Attorneys’ office to proceed with a delinquency hearing. Juveniles have a right to an attorney at all stages of this process, just like adults. The delinquency process is fairly similar to the adult criminal process: a juvenile may be detained in a juvenile detention center, pending a detention hearing, which must take place with a judge or magistrate present within 24 hours of detention. Within 60 days of the arrest, the court must hold a fact-finding hearing, which is very similar to the adult trial. This adjudicative hearing allows both sides to present their evidence and defenses, including witnesses, if necessary. The judge or magistrate will decide if the young person committed the charged offenses, but in Juvenile Court they use the term “involved” instead of guilty.. If the court finds the child involved, there will be a disposition hearing held to determine what treatment or rehabilitative services are necessary to help the child steer away from criminal activity. A judge or magistrate can place a juvenile on probation, or commit the child to an appropriate treatment facility, and may order restitution that requires the child and his or her guardians to pay up to $10,000 to compensate any victims.
Southern Maryland is lucky to have active Teen Courts in Charles and St. Mary’s counties. These Teen Courts take the goal of the juvenile justice system even a step further–they aim to provide first time offenders with an opportunity to restore their relationships with their community through an informal process involving their young peers. Teen Court allows teen offenders to work together with members of the community to make up for their mistakes while avoiding the stigma of formal criminal prosecution.
Teen Court may be an option for juveniles between the ages 11-17 who are charged for the first time with non-violent criminal misdemeanors (including theft, assault, disorderly conduct, vandalism, or alcohol infractions) or traffic offenses. Teen Court is voluntary, although the State’s Attorney’s Office, Sherriff’s Office or school system may refer a case they think would benefit from the opportunity. If selected to participate, a teen must acknowledge involvement in the charged crimes. Then the case will either proceed to a Grand Jury, where a jury of teen peers from the community will hear the facts of the case and have an opportunity to questions the juvenile charged with the crime, or to a Petit Court where trained teen peers will serve as defense attorneys to present the most favorable case to a jury of volunteer teen peers. While there are adults involved in Teen Court trainings and overseeing the process, the entire hearing is run by teens acting as attorneys and jurors–these teens will ultimately impose binding sanctions. These sanctions are not meant to be punishment; rather they are intended to encourage involvement and re-engagement in positive community interactions. Sanctions often include future Teen Court jury participation, community service, apology letters, research papers, and substance abuse education and treatment. Following the hearing, the adult Teen Court Coordinator will review the sanctions imposed by the peer jury; and if all parties agree they will sign a contract regarding completion of sanctions. If the teen completes the sanctions in the agreed upon time frame, usually 90 days, the case is closed. Otherwise, the case is kicked back into the formal juvenile justice system.
In Maryland, especially Southern Maryland, there are ample opportunities for young people who get involved with criminal activity to make amends and learn to make better choices in the future so they don’t end up in the harsher adult criminal system. If you or somebody you know is facing criminal charges, contact the attorneys at Ferrante & Dill, LLC at 410.535.6100.
April 21, 2016
April 11, 2016
What IS A Drug Court?
Drug Courts, sometimes called drug treatment courts or adult recovery courts, and alternative Sentencing programs offer options not available through the traditional court system to adult and juvenile non-violent criminal defendants who also have alcohol or drug addiction issues. Rather than going through the adversarial court system where a prosecutor tries to prove a crime occurred and impose a punishment, drug courts focus on alternative sentencing, including addiction treatment, in an attempt to reduce future crimes and help the defendant remain a productive member of society.
The primary goal of drug courts is to provide treatment and opportunities to criminal offenders with addiction issues as a method of crime reduction. These alternative sentencing programs require great commitment from multiple government and community agencies including judges, law enforcement officers, drug treatment facilities, educators, attorneys, the department of child welfare, the department of social services and more.
Southern Maryland is a leader in alternative sentencing. Calvert County has both adult and teen drug court programs. Charles County has a Family Recovery Court that places special focus on providing resources to keep children in close contact, and eventually be reunited with, their parents. St. Mary’s County has an adult drug court and a unique teen court in which a jury of teenage peers decide on penalties for fellow teens.
Plain and simple–drug courts and alternative sentencing work. These programs reduce substance abuse, which in turn reduces crime, at a higher rate and with less expense, than traditional criminal penalties.
Ok, but aren’t all courts drug courts?
No. Not at all. The traditional judicial system is based on penal code–essentially finding a punishment that fits a crime. These punishments often include jail time, fines and probation. Sometimes, these sentences work. The problem is, when a person is struggling with alcohol or drug addiction they are motivated by the addiction–not swayed by potential punishments. Drug courts and alternative sentencing go to the heart of the matter–the addiction–and then provide resources and opportunities for people to rebuild their lives in the hopes that they have no motivation to commit future crimes.
The drug court process is quite different from traditional courts. The ball gets rolling with a referral, which can come from a judge, the State’s Attorneys’ office, a public defender, department of juvenile services, or even the school system. Following a referral, a committee made of members from agencies that provide treatment and offer community services meets to review the applicant. The screening process is selective–there is currently about a 50% acceptance rate due to funding constraints.
Once a person is accepted into a drug court program for alternative sentencing, the real work begins. The committee, made up of a cross-section of community members, meets to discuss an appropriate set of goals and determine which agencies are necessary to provide proper treatment for each individual seeking an alternative sentence. This process is collaborative; there is time for the defendant’s attorney to advocate for their client’s needs. The sentence is then presented to the judge or master that oversees the drug court, and a plan is put in place.
Alternative sentences are not easy sentences. Far from it. The majority of these programs require hard work, often spanning a year or more. There is usually a community service element–our local Farming for Hunger program is largely staffed by people completing their sentences. Addiction treatment is a must, as are frequent drug tests, recovery support meetings, and appearances before a judge. Participants are expected to attend life skills classes aimed at preparing offenders to make great contributions to society. The classes teach skills that enable participants to obtain jobs and stable housing. When necessary, mental health counseling and parenting courses are included as part of a sentence. For a first time offender, alternative sentences give a person the chance to accept responsibility and get their lives back on track before they turn into a hardened criminal. Repeat offenders are offered the chance to break the cycle that leads to a revolving door of jail time and crime.
Sanctions for failing to meet the terms of an alternative sentence can range from a judge’s warning to being sent back to traditional court for a prison sentence. Alternative sentencing is not a ‘get out of jail free’ card; instead these programs divert non-violent criminals out of the overburdened traditional court system and into a compassionate treatment program that gets to the root of the criminal behavior in the most cost-effective and beneficial manner to eliminate the need for expensive punishments.
Why do you need an attorney for Drug Courts and Alternative Sentencing programs?
With anything in life there are tradeoffs. In most cases you will need to admit that you are guilty of charges pending against you to enter into an alternative sentencing program. You are choosing to give up your right to fight your case in exchange for a less damaging sentence.
You should never enter into such an arrangement without first discussing the merits of your case with an attorney. A Ferrante & Dill, LLC lawyer can analyze the facts of your case, advise you of potential penalties should you choose to go through the traditional court system, and help you evaluate whether you are interested and capable of completing all the alternative sentencing requirements. Remember, if you fail to complete the program, you may face harsh punishment.
If you decide drug court is the right route for you, an attorney is a vital part of your team throughout the entire process. Our attorneys can assist in getting you qualified for a drug court program, advocate for the services that will meet your needs, explain all of the terms of your sentence, and help you prepare and submit all of the necessary paperwork. Additionally, your attorney will stand up with you at each of your court appearances throughout the sentence.
Drug courts and alternative sentencing programs are not an easy way to avoid jail time; but if you’re willing to put in the time and effort they offer an opportunity to have a real chance at starting fresh with a productive life. Let the attorneys at Ferrante & Dill, LLC guide you through the process. Contact us today at 410.535-6100.
April 7, 2016
March 30, 2016
If you live in Maryland you may have noticed the roadside billboards that read “Buzzed driving is drunk driving.” This may or may not be true depending on your tolerance for alcohol. What is definitely true is that you don’t have to be knock-down-drag-out-drunk to face steep penalties. Maryland has a two-tier drunk driving statute. The lower of the two offenses is Driving While Impaired (DWI) and the more severe is Driving Under the Influence (DUI). Both carry the possibility of jail time, the loss of your privilege to drive and fines. The only sure fire way to stay safe, protect others on the road and avoid punishment is to not drive at all if you have alcohol in your body.
A police officer who pulls you over and suspects that alcohol is affecting your driving may ask you to submit to a field sobriety test to determine if your coordination, vision or judgment is impaired. You will also be asked to provide a breath sample to determine your Blood Alcohol Content (BAC). Urine tests are less common to measure for BAC but can detect the presence of other substances in your bloodstream such as marijuana or other drugs.
A police officer cannot force you to take a field sobriety test. However, there are automatic penalties for choosing not to submit to the tests. If you refuse to take the field sobriety test, your license will automatically be suspended for 120 days for your first refusal. If your job or lifestyle requires driving on a daily basis, you may be able to avoid the license suspension by installing an ignition interlock system, which requires blowing into a breathalyzer before your car will start, for an entire year. If you refuse to take a field sobriety test during a second or third suspected alcohol-impaired driving situation, your license may be suspended for an entire year. Upon DUI or DWI conviction, there may be additional penalties including a fine of up to $1,000 and a year in prison.
If you take the field sobriety test, your BAC is less than .08, and you show other signs of impairment, you can still be charged with DWI. If you blow a BAC of .08 or higher, your charge will be elevated to a DUI. If you are under age 21 (Maryland’s legal drinking age) and blow a BAC of .02, you will be charged with a DUI as an adult. Your criminal exposure is even worse if you have minor children in the car at the time or are involved in an accident that injures someone.
The field sobriety tests are not easy even if you are sober. They involve acts of coordination and following sometimes vague instructions from the police officer. Even if you only feel buzzed, it is likely that you will fail at least some parts of the test resulting in a charge that you will have to defend in court. If convicted of DWI you could receive up to two months in jail and a fine of up to $500. For a DUI the potential penalties increase to a year in jail and/or a $1000 fine. In addition to these penalties you could lose your license, have it suspended or be required to install an interlock device on your car that requires you to blow into it every time you want to start your car. Subsequent offenses carry even more severe penalties.
The most serious consequence of drinking and driving is the threat that an impaired driver poses to his or her own safety and the safety of others on the road. Add the potential legal consequences to the equation and it’s easy to see how “just a few drinks” can turn into a nightmare with serious legal consequences. Using a sober driver is the best way to avoid a DWI or DUI conviction. However, if you have been charged with either of these acts, an attorney at Ferrante & Dill, LLC can help you navigate the criminal justice system.
March 24, 2016
March 14, 2016
St. Paddy’s day, summer picnics, and BBQ season are on the horizon. With all the fun comes an abundance of libations which, unfortunately, leads to an increase in Driving Under the Influence (DUI) incidents, arrests, and fatalities. A recently proposed law, Maryland House Bill 1342 and Senate Bill 945, known as “Noah’s Law,” seeks to toughen Maryland’s DUI penalties by requiring ignition interlocks on the vehicles of every person convicted of a DUI in Maryland. Noah’s Law has not passed through the Maryland legislature yet, however, it is supported by both Maryland Governor Larry Hogan and Maryland Senate President Mike Miller.
Noah’s Law is named after a Montgomery County police office, Noah Leotta, who was killed by a suspected drunk driver in December 2015. Leotta was conducting a traffic stop as part of the holiday DUI enforcement task force when he was hit by the alleged drunk driver. The man who struck Leotta is currently awaiting his day in court.
If you get pulled over for suspected DUI, the police officer will request you submit to a series of sobriety tests including a breathalyzer to determine your blood alcohol concentration (BAC). If you refuse to take the test, the police officer may confiscate your license on the spot; it can be suspended for 120 days for a first offense and one year for any repeat offenses.
Under current Maryland law, if you submit to the breathalyzer, your blood alcohol content (BAC) is an important factor in determining your privilege to drive. For a first time offender, a BAC between .08 and .14 results in a 45 day license suspension. If your BAC is .15 or greater on your first offense, you may receive a 90 day license suspension. For those with prior convictions, a BAC between .08 and .14 results in a 90 day license suspension; BAC that is .15 or higher results in a 180 day license suspension. Those with Commercial Drivers Licenses (CDL) may lose their license for as long as one year for a first offense (3 years if carrying hazardous materials), and face lifetime CDL disqualification for any subsequent DUIs.
In addition to license suspensions, those convicted of DUI with a BAC of .15 or higher, who are under age 21, or had children in the car at the time of the offense are required to install an ignition interlock device into their vehicle. Noah’s Law, as proposed, aims to require every single person convicted of a DUI with a BAC of .08 or greater to install the ignition interlock, even for a first offense.
Ignition interlock works by requiring a driver to blow into a breathalyzer that is installed in their vehicle and connected to the car’s engine. If the ignition interlock detects alcohol higher than a pre-set limit, the vehicle cannot be started. Drivers who believe the system is picking up on something other than alcohol may rinse their mouths, with mouthwash even, and make another attempt at starting the engine by blowing into the system. Recent technological developments, including in-vehicle cameras, make it more difficult to tamper with the results of ignition interlock tests in order to start a vehicle while inebriated.
Twenty-five states, including both of our border states Delaware and Virginia, already require ignition interlock for all first time and subsequent DUI offenders. The National Highway Traffic Safety considers ignition interlocks a cost effective way to reduce repeat alcohol related motor vehicle offenses, even with high-risk offenders that have multiple prior offenses. Interlock reduces second time drunk driving offenses by at least 67 percent. After making ignition interlock mandatory for all convicted drunk drivers, states like Arizona and New Mexico recorded greater than 40 percent declines in highway deaths due to drunk driving. In a single year, ignition interlocks stopped at least 3,800 attempts at drunk driving in Maryland. Imagine what could have happened if those 3,800 drunk drivers were swerving down our roads.
Driving under the influence is no joke in Maryland, and it looks like penalties are about to get more strict for many offenders. In addition to the criminal penalties, if you’ve been charged with a DUI, you have the right to an MVA hearing to preserve your right to operate a motor vehicle. If you do not request a hearing within 10 days of the traffic stop, on the 46th day after the “order of suspension” date specified on the Officer’s certification and Order of Suspension, your Maryland drivers’ license is suspended or disqualified. Go ahead and read that last sentence again. That legalese is just the tip of the iceberg of what you will experience when you seek an MVA hearing to plead your case regarding your DUI arrest. An attorney skilled and experienced with DUI cases will be able to guide you through the entire process–from filing your request for a hearing with the MVA, to preparing for your hearing, to representing you in criminal court.
You may have made the first mistake by getting behind the wheel of a vehicle while intoxicated; don’t make the second mistake of going into a hearing without an attorney by your side.
To find out more about Noah’s Law, visit the Maryland State General Assembly’s website.
March 8, 2016
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