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Maryland Criminal Defense Law Blog

Don't drive drunk and risk spending the holiday in jail

Your plans for the holiday probably don't include sitting in a jail cell, but that is exactly where you might find yourself if you opt to drink and drive. Instead of taking that risk, you should find a safe way to get home if you have been drinking.

We know that there might be instances in which a person is unable to find a safe way home. Since there is a chance that the person will be pulled over by police officers, he or she should be prepared to deal with that situation. You should know about field sobriety tests and blood-alcohol concentration tests, all of which we have previously discussed on this blog. Be sure to read through our previous posts if you want to know more about drunk driving stops.

What is blood alcohol concentration in a DUI case?

Drunk driving is a very serious charge that many people have to face. Now that the holidays are here, the last thing you need is to have to deal with the criminal justice system. With that in mind, it is important for you to be sure that you avoid driving if you have been drinking. If you do get pulled over because a police officer thinks you are drunk, the officer will work to determine your blood alcohol concentration. Understanding BAC is vital in drunk driving cases.

How is BAC measured?

Fight against the domestic violence charges

Domestic violence accusations can tear your family apart. You might think that everything is fine, but then you learn that you are facing criminal charges. We can understand how this would be a frightening situation to find yourself in. We are here to help you learn about your options for a defense.

There are some cases that might involve a disagreement that went too far. We can help you to find out what claims have been made against you so that we can determine how we might build your case against the charges.

Know your 6th Amendment rights

When you are facing the criminal justice system, you should know that you can't just be treated any old way. Instead, the people who are part of the system have to ensure that they keep your rights in mind. These rights are covered in the United States Constitution. One amendment, the Sixth Amendment, gives you some very specific rights that are crucial if you are facing any criminal charges, including those for theft.

This amendment is the one that gives you the right to have an attorney present when you are dealing with anything significant in the criminal justice system. It covers the interrogation phase, trial, sentencing and initial appeal.

Know how evidence is used in criminal cases

Cases that are considered theft or property crime cases often have very complex evidence that is being used in the case. The complexity can often throw people off so that they don't even try to fight the evidence. Instead, they kind of just freeze up and hope that the case is going to go away.

We have some bad news for you -- your criminal case isn't going to just disappear. Instead, we have to work to try to find ways to call the evidence that is being used against you into question. That starts with reviewing the evidence. We can help you do this as we work on your defense.

Breathalyzer tests can't usually be tricked

When you are pulled over because a law enforcement officer thinks that you have been drinking and driving, you might be asked to take a Breathalyzer test. While some people think that these tests can be fooled, that really isn't the case. You should be aware of these common myths before you are asked to take a test.

The first thing that you should know is that the test is based on the level of alcohol that is in your system, not on the smell of your breath. This means that trying to cover up the alcohol smell on your breath won't work to fool the test. In fact, you could end up making your blood-alcohol concentration level appear higher if you use mouthwash or mints to cover up the smell. This is because many of these contain alcohol that would skew the results.

Follow parole and probation guidelines or face the music

When you are sentenced to probation or placed on parole, you are being subjected to a host of rules that most people don't have to deal with. These rules are aimed at helping you to stay out of legal trouble while you are a participant in the program. If you are on parole or probation, failing to abide by the programs rules can mean that you have to face a probation or parole violation.

We know that you might make a mistake while you are on parole or probation. This doesn't have to be the end of the world for you, but you will need to take quick action if you are facing a violation of the program.

Determine the defense that your theft case needs

When you are accused of theft, you have to start thinking about your defense as soon as possible. There are several options that you have. Which ones you choose must depend on the facts of your case, not on what defense worked for someone you know of who faced a theft charge and was found not guilty.

In some cases, you might be able to claim that you were intoxicated at the time of the alleged theft. This wouldn't be appropriate in every case, but might be valid in cases that involve property that was enough like your property that you mistook the taken property for your own. You would need to have a way to prove that the intoxication led you to take the item.

Your intent has an impact on your theft case in Maryland

When you are charged with theft, there are specific elements that have to be present in the case. One of these elements is your intent. In order to be charged with theft, you have to have the intent to deprive the owner of the property from being able to use or possess the property. This means that you can't unintentionally steal something.

One question that is sometimes raised is that of whether a person can be charged with theft if they simply forget to return a borrowed item. In the majority of these cases, the answer would be that no theft occurred so charges wouldn't be likely.

DUI cases can't be thrown together at the last minute

In our previous blog post, we discussed some of the considerations you need to think about if you are trying to decide whether to plead guilty or not guilty in your DUI case. You must be sure to consider the effects of a guilty plea if that is your plan. We can help you learn about what those effects might be, and we can help you to learn about all of the options for your case.

If you are planning on pleading not guilty, you must start gathering evidence and getting things together for your defense. You don't need to rely on a defense that is thrown together quickly before your case goes to trial.

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Law Offices of Elling & Elling
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Gaithersburg, MD 20877
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