Ellicott City, Maryland Criminal Defense Attorney|Your Right to Remain Silent

Many already know that the right to remain silent from the much-quoted Miranda rights. It is important to remember that every person who is interrogated while in custody must be given their Mirandarights. An interrogation is when the police act or speak in a way they know will reasonably elicit an incriminating response, and being in custody means that the individual does not feel free to leave.

 

The right to remain silent originates from the Fifth Amendment privilege against self-incrimination, and later outlined in the caseMiranda v. Arizona. In order to invoke your right to remain silent, it is not enough to simple refuse to speak. This means that simply remaining silent may be used against you in the court of law. In order to prevent this, the interviewee must actually state that they are not speaking because they are invoking their right to remain silent.

 

For those who do not speak English or speak English as a second language, it is absolutely essential that they learn to say "I would like to use my right to remain silent" in English so that they can protect themselves from self-incrimination. This is more important for those who do not speak English or speak English as a second language because the speaker may not fully understand the words they are speaking and accidentally give information that can be used against them.

Maryland Criminal Defense Attorney| Public Defenders, Pro Se, and Experienced Criminal Defense Attorneys

When you face criminal charges, or when there is an investigation of possible criminal charges against you, finding an experienced criminal defense attorney is the key to helping you receive the outcome you deserve. The attorneys at Portner & Shure have been leaders in the area of criminal defense for over 20 years and have the results to prove it.

 Many are well-versed in their Miranda rights and know that if a defendant cannot afford an attorney, one will be provided free of charge. A public defender, while great for those who are truly unable to hire a criminal defense attorney, should be seen as a last resort for most clients. Public defenders usually meet their clients for the first time minutes before trial and brief themselves on the facts of the case moments before representing their clients. While some public defenders are truly great attorneys, the type of attorney you receive will be nothing short of a gamble with the greatest price at stake - your liberty and freedom.

In order to be eligible for the services of the Office of the Public Defender, there are six factors that must be considered under Article 27A§7 of the Annotated Code of Maryland: (1) The nature, extent, and liquidity of assets; (2) The disposable net income of the defendant; (3) The nature of the offense; (4) The effort and skill required to gather pertinent information; (5) The length and complexity of the proceedings; and (6) Any other foreseeable expenses.

Within the Code of Maryland Regulations, Section 14.06.03, are income guidelines for eligibility. The Regulations state that the maximum net annual income level for persons accepted for representation in District Court cases, violation of probation, and contempt of proceedings may not exceed 100 percent of the current official federal poverty income guidelines. All other cases may not exceed 110 percent of the current official federal poverty income guidelines. The guidelines can be found in §673(2) of OBRA-1981 (42 U.S.C. §9902(2)).

Many clients often call our office looking for information on how they can represent themselves in court. Criminal charges can be very serious and you, as the defendant, may not even fully understand the repercussions you are facing. Because of this, it is strongly advised that you do not attempt to represent yourself in a criminal case. This is especially true for many of our clients who speak English as a second language or those who only speak Spanish, Chinese, Korean, Japanese, or Vietnamese. Even clients who speak perfect English do not fully understand "legalese," or language that is so filled with legal jargon that anyone who is unfamiliar with it is left puzzled by the words before them.

The criminal defense department at Portner & Shure houses some of the best criminal defense attorneys in the area. In fact, our criminal defense attorneys have been recognized by The National Top 100 Trial Lawyers. Not only this, but our clients speak for themselves in our countless glowing reviews.

Maryland Criminal Law Attorney|Obama Takes Another Look at Immigration

Just last week, President Obama ordered a review of the immigration policy that has been strongly criticized as of late. Obama seeks to find ways to soften the effects of the current policy. This decision arose after Obama met with three members of the Congressional Hispanic Caucus and was moved by the pain from which families suffer as a result of the immigration policy. The separation of families is an unwanted effect of the "broken immigration policy." The congressmen implored the President to find a way to relieve the pressure of 11 million illegal aliens. We will have to wait and see how Obama seeks to make a new change.

Maryland Criminal Law Attorney|New Bill would Allow Doctors to write Marijuana 'Recommendations"

Just this past Monday, the House of Delegates approved a bill that would allow certain physicians to recommend the use of medical marijuana to patients with debilitating medical conditions. As of now, the bill is to go to the Senate, but many are optimistic about the outcome.

If this legislation passes, it would replace the current system which restricts medical marijuana use to those patients who receive care at an academic medical center. The problem with the current system is that none of the academic medical centers have participated and, thus, no patients have received the drug through this program. The new bill proposes to allow certain licensed physicians to write a "recommendation" for the use of medical marijuana. A "recommendation" is akin to a prescription, but due to federal law, the bill cannot call it that.

This bill is a step forward for patients who would benefit from medical marijuana because they would be able to seek the recommendation from their current physicians and would not need to seek a new physician from an academic medical center, as the current rule requires. It is essential for patients and their care givers to maintain their relationships to ensure comfort and the best care for the patient.