Criminal Defense Lawyer

Maryland Criminal Defense Lawyers

Being charged with a crime is one of the most stressful and frightening experiences a person can face. A criminal conviction can have devastating and life-altering consequences, including the loss of your liberty, significant fines, and a permanent criminal record that can affect your employment, housing, and professional licensing opportunities.

The criminal justice system is complex and intimidating, and navigating it without an experienced legal advocate is a significant risk. The state has vast resources at its disposal, and you need a defense attorney who can level the playing field and protect your constitutional rights.

At Nguyen & Roche, we provide a strong and aggressive defense for clients facing serious criminal charges in Maryland’s state and federal courts. Our attorneys understand what is at stake, and we are committed to protecting our clients’ freedom and their futures.

We thoroughly investigate the state’s evidence, identify weaknesses in the prosecution’s case, and prepare every case as if it will go to trial. This often allows us to achieve more favorable outcomes, whether through a dismissal of charges, a negotiated plea agreement, or an acquittal at trial.

The Maryland Criminal Court Process

If you have been charged with a crime in Maryland, it is important to understand the steps involved in the criminal court process. While every case is different, most proceed through a series of predictable stages:

1. Arrest and Initial Appearance: Following an arrest, a defendant will be brought before a District Court Commissioner for an initial appearance. The commissioner will inform the defendant of the charges, advise them of their right to an attorney, and determine the conditions of pretrial release (e.g., bail).
2. Preliminary Hearing (for Felonies): In felony cases, the defendant is entitled to a preliminary hearing in the District Court. At this hearing, the state must present evidence to show that there is probable cause to believe the defendant committed the crime. This is not a full trial, but it is an important opportunity for the defense to challenge the state’s evidence.
3. Indictment or Information: For a felony case to proceed to the Circuit Court, the state must either obtain an indictment from a grand jury or file a charging document called an Information.
4. Arraignment: At the arraignment in the Circuit Court, the defendant is formally advised of the charges and enters a plea (e.g., guilty, not guilty).
5. Discovery and Pretrial Motions: The defense and prosecution exchange evidence through the discovery process. The defense may file pretrial motions to challenge the legality of the state’s evidence, such as a motion to suppress evidence obtained through an illegal search.
6. Plea Bargaining: Throughout the process, the prosecutor and defense attorney may engage in plea negotiations to resolve the case without a trial. A plea agreement may involve the defendant pleading guilty to a lesser charge or in exchange for a more lenient sentence.
7. Trial: If no plea agreement is reached, the case will proceed to trial. The defendant has the right to a trial by jury or a bench trial (where the judge decides the case). The prosecution must prove the defendant’s guilt “beyond a reasonable doubt.”
8. Sentencing: If the defendant is found guilty, the judge will impose a sentence, which can range from probation to a lengthy prison term.

Types of Criminal Cases We Handle

We provide experienced representation for a wide range of misdemeanor and felony charges in Maryland. These include:

• DUI/DWI: Driving under the influence (DUI) and driving while impaired (DWI) are serious offenses in Maryland with significant penalties, including jail time, fines, and license suspension. A DUI charge requires a blood alcohol concentration (BAC) of .08% or higher, while a DWI can be charged at a BAC of .07%. We challenge the legality of the traffic stop, the administration of field sobriety tests, and the accuracy of breathalyzer results.
• Drug Offenses: We defend clients against charges of drug possession, possession with intent to distribute, and drug trafficking. The severity of the penalties depends on the type and quantity of the drug involved. We scrutinize the police investigation for illegal searches and seizures and other constitutional violations.
• Theft and Property Crimes: This category includes offenses such as shoplifting, theft, burglary, and robbery. The charges can range from a misdemeanor to a felony, depending on the value of the property stolen and other circumstances.
• Assault: Assault charges can range from a simple misdemeanor assault to a first-degree felony assault. We defend clients against all levels of assault charges, often arguing self-defense or challenging the credibility of the accuser.
• Violent Crimes: We have the experience to handle the most serious violent felony charges, including robbery, carjacking, and homicide. These cases require a meticulous investigation and an aggressive trial strategy.
• White Collar Crimes: We also represent clients accused of financial crimes such as fraud, embezzlement, and identity theft.

Protecting Your Constitutional Rights

In every criminal case, the U.S. and Maryland Constitutions provide critical protections for the accused. A key part of our role as defense attorneys is to ensure that our clients’ rights are protected at every stage of the process.

• The Right to Remain Silent: You have the right to remain silent and not incriminate yourself. You should never speak to the police about a criminal investigation without an attorney present.
• The Right to an Attorney: You have the right to be represented by an attorney. If you cannot afford one, the court will appoint a public defender.
• The Right to be Free from Unreasonable Searches and Seizures: The Fourth Amendment protects you from illegal searches of your person, home, and vehicle. If the police obtain evidence in violation of this right, we can file a motion to have that evidence suppressed, meaning it cannot be used against you in court.
• The Right to a Fair Trial: You have the right to a speedy and public trial by an impartial jury, the right to confront the witnesses against you, and the right to present a defense.

How Nguyen Roche Sutton Defends Your Freedom

In criminal defense, the ability to negotiate a favorable plea is a direct result of the prosecutor’s belief that you are willing and able to win at trial. This is the core of our approach. At Nguyen Roche Sutton, we are, first and foremost, trial attorneys.

We prepare every case for the courtroom, meticulously investigating the state’s evidence for constitutional violations and procedural errors. This trial-ready preparation gives us the leverage to negotiate from a position of strength. We provide the sophisticated, aggressive defense often associated with large firms, but with the direct, personal-level commitment your case deserves.

Schedule a Consultation

If you or a loved one has been charged with a crime in Maryland, do not wait to seek legal help. Contact Nguyen & Roche to schedule a confidential consultation with one of our experienced criminal defense attorneys.

Call (443) 702-5769 or complete our online contact form to schedule a consultation.

Frequently Asked Questions (FAQs)

What is the difference between a misdemeanor and a felony in Maryland?
A misdemeanor is a less serious crime, generally punishable by less than one year in jail and/or a smaller fine. A felony is a more serious crime, punishable by a year or more in state prison. Examples of felonies include murder, robbery, and burglary.

Should I talk to the police if I am being investigated for a crime?
No. You should never speak to the police without an attorney present. You have a constitutional right to remain silent, and you should politely invoke that right and state that you wish to speak with an attorney. Anything you say to the police can and will be used against you.

What is a plea bargain?
A plea bargain is an agreement between the defendant and the prosecutor where the defendant agrees to plead guilty, typically to a lesser charge or in exchange for a more lenient sentence. The vast majority of criminal cases are resolved through plea bargaining. An experienced attorney can negotiate with the prosecutor to achieve the most favorable plea agreement possible.

Can I get my record expunged in Maryland?
Expungement is the process of removing a criminal charge from your record. In Maryland, you may be eligible for expungement if you were found not guilty, the charges were dismissed, or you received a “probation before judgment” (PBJ). The rules for expungement are complex and depend on the nature of the charge and the outcome of the case.

What is “probation before judgment” (PBJ)?
Probation before judgment, or PBJ, is a disposition available in some Maryland criminal and traffic cases. If you receive a PBJ, you are placed on probation, but a formal conviction is not entered on your record. If you successfully complete the probation, you can later petition to have the record of the charge expunged.

What are the penalties for a DUI in Maryland?
For a first-offense DUI with a BAC of .08% or higher, the potential penalties include up to one year in jail, a fine of up to $1,000, and a 6-month driver’s license suspension. The penalties increase significantly for subsequent offenses.