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Maryland Criminal Defense Law Blog

False accusations of domestic violence are hard to handle

There is never a good reason for a person to make false accusations against someone else. When these are regarding domestic violence, the person who is being accused will face a long battle to clear their name. One reason for this is that our society tends to have a guilty until proven innocent mindset instead of the innocent until proven guilty one that is the standard in the criminal justice system. We know that this can prove to be a challenging position for someone who knows they didn't do the horrible things of which they've been accused.

One of the most important things that you can do if you've been falsely accused of any crime, including domestic violence, is to work on your defense right away. This might hold the key to showing that you didn't do what that person says you did. We are here to help you learn about what options you might have for this.

Domestic abuse claims can be hard to refute

October is Domestic Violence Awareness Month, which is meant to help people who are victims of domestic violence realize that they have support if they decide to speak out about what's going on. Since the month focuses on the victims, the alleged aggressors are often left out. It is important to remember that not all accusations of domestic violence are factual.

For people facing these accusations of violence, trying to fight them is a priority because the accusations can come with criminal charges. Not only do you have to worry about these, but you also have to think about the social consequences that come with them.

One important element in theft cases can make a difference

Borrowing something from someone is usually done with the intention of returning it when you are finished. But sometimes, life happens. Maybe you forgot to return the item. Does this mean that you are guilty of theft? Not usually — but it doesn't mean that you can't be accused.

One of the main premises of a theft charge is that you have to have the intention of depriving the rightful owner of the item. This is not typically true when you borrow something from another person. Merely forgetting to return a borrowed item is not theft.

Fatigue shouldn't lead to a drunk driving charge

Trying to get home after a night out with friends can be a real challenge. You might have to contend with traffic; however, there is another hazard that you might face. What happens if you are fatigued and not driving in the best manner? Have you ever thought about what you'd do if you are pulled over for suspicion of drunk driving? There is a chance that you might face an arrest even if you didn't have a drop of alcohol to drink.

You might think that a blood alcohol concentration (BAC) test, such as a breath or blood test, will clear you. This isn't always the case. What if the police officer thinks that you're impaired due to another factor, such as drugs? They might still charge you with impaired driving. We know that this is a troubling thing to think about, but it does happen sometimes.

Parolees and probationers may require a monitoring program

One of the conditions that some people on probation and parole have is that they must have some type of monitoring. This is done to keep track of the person to ensure that they are where they should be and not going out in other areas. There are a few different types of monitoring that might be used.

Many probationers and parolees are placed on a global positioning system (GPS) monitor. This can track the person in real time and gives an accurate location for the person. The court might order this if it thinks a person might be a flight risk.

Look at all the possibilities before you decide on a defense

When you are facing drug charges, you need to think carefully about how you are going to present a defense against them. We recently discussed the three broad categories into which these strategies fall. Before you cross one off the list, you need to take the time to evaluate how it might hurt or help your case.

We are aware that you might not be able to think clearly about what's going on. When you are in the midst of a drug case, you have to be able to think logically about what you need to do. You may need to write out what options you have so that you can think about each one individually.

Criminal defenses fall into 3 broad categories

When you are facing drug charges, you have to be prepared to work on a defense strategy. This is your answer to the claims that the prosecutor is making against you. There are many different options and strategies that you might employ. However, not all will be appropriate for every case.

One of the most important things to remember is that your defense must be based on the truth. You can't lie as part of your defense and think that it is going to help you. In fact, lying can lead to even more criminal charges.

Intent matters in theft cases

Many people borrow things from others. Have you ever stopped to think what might happen if you forget to return something that you borrowed? This is a question that usually won't come up until it actually happens.

In the vast majority of cases, a person who loans out something will ask for it back if it seems as though the borrower has forgotten to return it. The borrower will likely return it and all will be well. It isn't often that there is a possible criminal matter at play in these cases.

Know the penalties you face for a DUI

The criminal penalties of a drunk driving case are often one of the most pressing things that people facing one of these charges have to worry about. There are many different ones that are possible. With each subsequent charge, the penalties get worse.

It is important for you to think about what is possible in your case as you are working on your defense. These penalties can have a great impact on your life so you need to try to prepare as best as possible from the start of your case. Here are a few of the penalties that are possible:

  • Ignition interlock: A device that requires you to provide a breath sample before your vehicle will start
  • Incarceration: Time in prison or jail based on the type of charge you are convicted of and the sentence the court hands down
  • Vehicle impoundment: Possession of your vehicle by the court that is usually associated with repeat drunk driving offenses
  • Driver's license suspension or revocation: Takes away your ability to legally drive for the duration of the sentence
  • Probation: You live in the community and report to a probation officer instead of having to go to prison or jail
  • Community service: Having to work without pay on projects that benefit the community

Probation isn't a walk in the park; be prepared to work hard

Finding out that you don't have to go to jail or prison when you are convicted of a crime is a good feeling; however, don't mistake being let out on probation as being an easy way out. The probation program has a lot of rules that you must follow. In some cases, you can compare it to a slightly easier parole program.

You should be on your best behavior when you are on probation because getting into legal trouble can result in a violation. You will have a community supervision officer watching what you do. You must check in with them on a regular basis. For the duration of the program, you need to find ways to comply with the rules. This includes finding a job and keeping it. You also need a suitable place to live.

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