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Clinton MD Criminal Defense Law Blog

What’s the best assault and battery defense strategy?

If you find yourself in the middle of an assault and battery case, it goes without saying that you need to implement a defense strategy that will help you avoid the most serious punishment.

There's no way of knowing what will happen in court, but the right defense strategy can put you in better position to avoid a conviction.

What is the crime of embezzlement?

Embezzlement is considered under the law as a type of theft that can occur in corporate and other business environments. It can often be difficult to detect because it is usually not physical property that is being stolen. It might be the transfer of funds between bank accounts or the reallocation of stocks and shares. However, it is a very serious crime that can result in imprisonment.

Lawful access, unlawful use

What are some examples of forgery?

Individual charged with having committed forgery is likely to have been accused of having made modifications to or unlawfully signing someone else's name to some type of document. Documents most apt to be altered include identification cards or driver's licenses, checks, contracts, legal forms or certificates.

Forgery is considered a crime in that individuals use these unauthorized signatures or falsified documents to illegally obtain something of value, all the while with the intention of deceiving another. Forgery is often a crime that is not prosecuted by itself, but instead together with other crimes such as larceny or fraud.

Affirmative defenses: What should you know?

If you've been charged with a crime, you ultimately have to decide if you're going to plead guilty or fight the charges.

If you decide to fight the charges and ask for a trial, you then have to decide -- along with your attorney -- what type of defense you should offer.

How drug possession is punished in Maryland

The possession of certain drugs, such as illicit ones like heroin, marijuana or methamphetamine, or certain harmful prescription drugs, is a prosecutable offense under both Maryland and federal laws.

Maryland drug laws call for anyone convicted of being in possession of any controlled substance other than marijuana to be charged with a misdemeanor. A defendant may be charged with a felony instead if they're found to be in possession of a large enough amount of the drug than what any one person could consume.

When can drunk driving charges be upgraded to felony ones?

In most jurisdictions, an individual who is arrested on suspicion of driving under the influence (DUI) only faces misdemeanor charges. There are situations, however, in which a DUI charge may instead be elevated to a felony. If this occurs, then the defendant is likely to face higher fines, a longer driver's license suspension period and an extended term in jail.

One circumstance in which a defendant is likely to have their misdemeanor DUI charge upgraded to a felony one is if their blood alcohol content (BAC) is found to be 0.16 percent or higher.

Do you know the many types of credit card fraud?

If you don't understand the many types of credit card fraud, there is always a chance you could commit a crime without actually knowing what you're doing. It goes without saying that this is a position you don't want to find yourself in.

Here is a brief rundown associated with each type of credit card fraud:

  • Identity theft. This is the unauthorized use of another person's identity to commit fraud. An example of this would be using another person's name and social security number to secure a credit card online or via mail.
  • Stolen credit card. This is exactly what it sounds like. It's when a person steals a credit card and uses it to make purchases.
  • Fraud spree. It is illegal to make unauthorized charges on a credit card account. This typically comes into play once a person steals a credit card.

What's considered a federal hate crime?

A hate crime occurs in the United States as frequently as once an hour. Every 60 minutes, an individual or group commits a crime against someone simply because the perpetrator has prejudice toward the victim. The individuals often victimized by these crimes are those who appear to have a certain sexual orientation, race, socioeconomic status, mental or physical capacity or religion.

Individuals in these demographic groups often live in fear of visiting certain regions of the country or even places in their own communities because they're afraid that someone will harm them.

Know the options for getting out of jail pending trial

A criminal case moving through the court system can take time. For many people who are facing criminal charges, the thought of sitting in jail for months or longer isn't something they want to do. In many cases, there are ways that a person might be released from jail pending the outcome of a criminal case.

After an arrest, a bail is set. This is usually done through a hearing; however, some criminal charges might come with an automatic bail that doesn't require any hearing. More serious charges will usually require a bail hearing.

Explaining drug diversion programs in Maryland

If you have been charged with a misdemeanor in Prince George's County and do not have a prior record, it's possible for you to avoid prosecution and keep your record clear. The method used to make this happen is the diversion program. If the subject successfully completes a diversion program, he or she could have the charge dropped.

One of the most common diversion programs offered by the county is the marijuana diversion program. People who have been charged with possession of less than 10 grams of the drug as an initial charge could be offered a six-hour class or 24 hours of community service.

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Thomas V. Mike Miller, Jr., P.A.
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Clinton, MD 20735
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