ANNAPOLIS, MARYLAND USA
170 West Street
Annapolis, MD 21401
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Office: (410) 267-0227
Cell: (443) 995-0342
Fax: 1 (888) 763-8394

Annapolis, MD Criminal Lawyer with over 30 years of experience

Annapolis Criminal Lawyer

Tips from a Maryland Criminal Attorney

The State's Attorney has burden of producing evidence to prove the charges beyond a reasonable doubt. Criminal charges may be brought by the State's Attorney in the Circuit Court for felonies by way of an indictment or information. In District Court, less serious criminal charges may be filed with the Commissioner.

Short of trial, the common forms of disposition in a criminal case are nolle prosequi, or nolle pros, for short, which means, "not to prosecute the charges," Another disposition is a stet, which means to "stay". When the State's Attorney enters a nolle pros, in effect the charges have been dropped. On the other hand, when the prosecutor enters a stet, the case is stayed and it is said to be placed on the inactive docket. Either the State or the defendant can request that the case be put back on the docket and be set for trial. After one year, the case can only be brought by a showing of "good cause". The defendant will be requested to waive his right to a speedy trial in order for the State to enter a stet.

A third disposition is called "probation before judgment," commonly called "PBJ". That special procedure follows a trial or a plea of guilty and involves the judge striking the guilty finding and entering probation before judgment." In traffic court this disposition results in the defendant receiving no points on his or her license. However, the judge may impose a fine or terms of probation. It will be up to the Judge whether the Probation is supervised or unsupervised by the Division of Parole and Probation.

Drug related charges brought in the District Court may involve a voluntary program called "Drug Court" for first offenses that involve non-violent crimes. At the completion of drug counseling the case by agreement can result in the prosecutor entering a stet in the case.

It is important that the charges and evidence be reviewed by an attorney who can determine the merits of any charges. An attorney may obtain copies of all discoverable documents in the states file upon written request by way of a motion. In alcohol or drug related cases, it is crucial for the attorney to make a written demand pursuant to Court and Judicial Proceedings Article 10-1003, that the chemist, analyst or other persons in the chain of custody to be required to testify in order to prove the State's case. Without the request the chemical test report may be entered without witnesses having to be present.