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Maryland Criminal Defense Law Blog

Holidays come with an uptick in domestic violence accusations

Domestic violence is a problem all year long. However, it seems as though it spikes during the holiday season. Unfortunately, the holiday season comes with considerable stress. This can lead to more incidents of domestic violence. Some individuals might think that having family around offers a buffer of protection, but this isn't necessarily true.

When you have the stress of the holiday and add alcohol to the mix, confrontations might go downhill quickly. In many cases, these are resolved before they become physical. It is important for anyone who is having a disagreement with a family member to try to handle it in a peaceful and non-violent way. These arguments aren't worth having to go to jail.

Supervised release participants must be careful over the holidays

We recently discussed how you can avoid alcohol at holiday parties if you are on probation or parole. This is very important since you can face serious legal action if you are found to be in violation of the terms of the program. There is another possibility that you need to think about during the holiday season — the people with whom you are hanging around.

Many probation and parole programs have terms that forbid participants from associating with felons. While they might make some exceptions for family members, it is highly unlikely that your supervision officer would approve of you being at a party with other felons. This restriction can be very difficult to live with during the holidays, but remember that you aren't likely on the program for the rest of your life. Being a bit restricted and being able to remain free is a much better option than having to spend the holidays behind bars.

Probationers and parolees should avoid alcohol at holiday parties

Most adults look forward to the holiday season because of the many festivities that are planned. For some adults, such as those on parole or probation, this season comes with some challenges, e.g., trying avoid alcohol at these parties. Even though this might be difficult, it is necessary for them to remain in compliance with their monitoring programs. Facing a parole or probation violation for consuming alcohol would certainly ruin the fun of the holiday season.

If your company is having an office party, make sure that you aren't going to be tempted by the alcohol. Around 20 percent of employees who attend these parties binge drink during the celebrations. This is more common for people who are in the food service, hotel or hospitality industry. While it might seem like everyone is drinking at these parties, approximately 12 percent of employees won't have any alcohol at all. These are the people you need to gravitate toward. By associating with those who aren't consuming alcohol, you can have fun and lessen the temptation you are feeling.

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.

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