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To begin, we recommend that you do NOT flee or attempt to evade the police if you are being pulled over for a traffic stop. Pulling over is wise even if you have been drinking or are otherwise impaired. Trying to flee only makes matters worse (and matters can become much worse). Here are some […]
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In a previous article, we discussed various crimes and degrees of charges involving burglary. Generally, the crime of burglary involves some form of breaking and entering (two separate criminal elements) along with an intent to steal. As discussed in the earlier article, in Maryland, there are four degrees of burglary. But Maryland also criminalizes three […]
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In Maryland, there are four degrees of burglary. Common to all degrees are three legal criminal elements that must be proven by the prosecuting attorneys. These are: Breaking into a structure Entering said structure and Intent Generally, the type of structure broken into and entered and the type of intent will determine the degree of […]
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Yes, in most cases. Under Maryland law, if there is a call to 911 or the police see/hear something that appears to be domestic violence, the police have the power and authority to enter the home without a warrant. They may conduct a general search, ask questions of the persons found in the home, and […]
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Yes, but DUI in Maryland is not as serious a crime as in other states. DUI is still a misdemeanor crime in Maryland with a one-year potential jail term and a $1,000 fine for a first-time offender. If you have been arrested for DUI in Waldorf, Maryland, in Charles County, or in any other part […]
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A Maryland criminal defense aims to beat the charges and keep you out of jail. Any defense that works is a good criminal defense. That being said, there are some important legal nuances among and between various types of criminal defenses. And those nuances must be understood to enhance your chances of getting an acquittal. […]
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When you have been charged with a crime, you need a criminal defense attorney/team to help you. When you are charged, you are alone facing the whole “machinery” of the criminal justice system. You need an ally — a very skilled and deeply knowledgeable ally — to help you fight that machine and make sure […]
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Criminal defenses and/or extenuating circumstances may help you “beat” charges for illegal gun possession in Maryland. If you have been charged with illegal gun possession in Waldorf, Maryland, Charles County, Maryland, or any other part of Southern Maryland, call the experienced and courtroom-proven Maryland gun possession defense lawyers at the Law Office of Robert Castro. […]
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In Maryland, embezzlement is a specific type of theft. The elements of the crime involve the typical elements of theft, but also involve proof of a fiduciary relationship between the owner of the money (or other valuable property taken) and the alleged embezzler. If you have been charged (or think you will be charged) with […]
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Arson is a crime in Maryland. All versions of the crime of arson are serious with incarceration terms being from five years to 30 years. The least serious crime is called malicious burning, and it has two degrees depending on the value of what was set afire. Then, Maryland criminalizes arson in first and second […]
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Many first-time DUI offenders in Maryland do not “do time.” Rather, many receive probation rather than being incarcerated. But, at the same time, violating the conditions of probation can and often does result in “doing time” because violating your probation will mean you will be incarcerated. Probation is often negotiated by your experienced attorney and […]
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If you have watched TV crime shows or movies, you have probably heard of “Miranda rights.” These are rights protected by both the federal and Maryland Constitutions and are called Miranda rights based on a famous U.S. Supreme Court case from 1966 called Miranda v. Arizona. If you are arrested in Charles County, Maryland, or […]
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If you have been arrested and charged with a crime in Waldorf, Maryland, your best chance of “beating” the charge and/or getting the lowest possible punishment is to hire a good Maryland criminal defense attorney. We think you should call us here at the Law Office of Robert Castro. Our number is (301) 705-5137. We […]
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In some DUI cases, it is possible to obtain a “hardship license” if your regular driver’s license has been suspended because of a DUI conviction. Avoiding the suspension of your driver’s license is one reason that you should hire experienced Charles County, Maryland, criminal defense attorneys to defend your DUI charges. At a minimum, your […]
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Sexual assault and sexual battery are called “sexual offenses” in Maryland. There are four levels of sexual offenses in Maryland, with harsh penalties imposed on those convicted. Md. Crim. Code, §§ 3-305-308. Typically, the Maryland prosecuting attorneys will charge all degrees of sexual offense since the less severe charges are lesser-included offenses. For example, prosecutors […]
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Stealing a motor vehicle is a crime in Maryland. If you are arrested for auto theft, likely, the Maryland prosecuting attorneys will charge you under two main criminal statutes: one applicable to theft in general (Md. Crim. Code, § 7-104) and the statute specific to auto theft (Md. Crim. Code, § 7-105). Under the auto […]
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There’s nothing quite as daunting as dealing with the aftermath of a DUI accident, particularly one involving a commercial driver. DUI in a commercial vehicle often results in severe, life-altering injuries. These range from fractures and burns to spinal cord injuries and traumatic brain injuries. The impact of such injuries goes beyond immediate physical harm; […]
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If you have been arrested or charged with a crime here in Waldorf, Maryland, or elsewhere in Southern Maryland, you should hire an experienced and top-tier criminal defense attorney, EVEN IF you are innocent. There are many reasons, which we will discuss below. Even if you do not want to call for a consultation with […]
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In many states, assault and battery are two crimes. However, Maryland criminal law combines the two offenses as one charge — assault — with three degrees. In most states, an assault is creating a reasonable fear or apprehension in another person of some imminent violent or unwanted contact. For example, threatening to hit someone with […]
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If you are arrested for a crime in Waldorf, Maryland, or in any other part of Southern Maryland, know that you have many rights that are protected by both the federal and the Maryland Constitutions. One set of rights is called your Miranda rights. But there are many others, and it is important for you […]
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Yes, in Maryland, it is possible to claim insanity as a possible defense to a criminal charge. In Maryland, the “insanity defense” is called a plea of “not criminally responsible.” The not-criminally-responsible defense is rarely used because it is difficult to win. Probably the most recent well-known example was the case of Jarrod Ramos, who […]
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The complexities of an out-of-state DUI in Maryland can make the situation nerve-wracking. The cross-jurisdictional implications can complicate your defense, and the potential penalties could include fines, imprisonment, or suspension of your driver’s license in both Maryland and your home state. Despite these challenges, hope is far from lost. This article will provide you with […]
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If you have been arrested and charged with murder here in Charles County, Maryland, call us at the Law Office of Robert Castro at (301) 705-5137. We are experienced and courtroom-tested Maryland criminal defense attorneys. We are available around the clock, 24/7. For murder charges, there are many possible defense strategies. For any type of […]
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Generally, the answer is no. Generally, people are free from unreasonable searches of their homes by the police and other government officials. This right is protected by the U.S. and Maryland Constitutions. If you have been arrested and the police searched your home, call us here at the Law Office of Robert Castro. The police […]
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In Maryland, it is a crime to drive while under the influence of alcohol (DUI) and also a crime to drive while impaired (DWI) by the use of alcohol or use of drugs. In some cases, the laws of Maryland assume that you have been driving while drunk when, for example, your blood alcohol content […]
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Like everywhere else, it is a crime in Maryland to steal things of value — including services — that are not your own. Stealing is generally called theft or larceny. In Maryland, the level of punishment for theft is based on the value of the items or services that have been stolen. See MD Crim. […]
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Driving under the influence (“DUI”) of alcohol or driving while impaired (“DWI”) by alcohol or drugs is a crime in Maryland. If you are DUI or DWI and there is an accident and someone is killed, that is also a crime under the laws of Maryland. If this happens, you will be charged with several […]
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In Waldorf, Maryland, it is a crime to drive while under the influence of alcohol (“DUI”). The legal age for drinking in Maryland is 21 years old. As such, there are separate criminal statutory sections if you are caught drunk driving in Charles County, Maryland, when you are under 21. The punishments are less severe […]
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In Maryland, it is a crime to drive while under the influence of alcohol or any sort of drug like marijuana. Up until now, Maryland police officers have been allowed to use what is commonly called the “weed smell test” as a lawful reason to make a traffic stop. However, as reported here, a new […]
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If you have a commercial driver’s license (“CDL”) in Waldorf, Maryland, being arrested for a DUI/DWI will have serious consequences for your ability to drive. Indeed, your job will be at risk. This is true even if you were not driving a commercial vehicle at the time you were arrested. That is, even if you […]
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“Homicide” is the general legal term in Maryland that denotes the crime of killing — or causing the death of — another human being. “Murder” is defined more narrowly to mean homicides with intent and premeditation. Under Maryland criminal law statutes, there are five types of homicide, including two levels of murder. If you have […]
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If you have been arrested in Waldorf, MD, Charles County, St. Mary’s County, or any other part of Southern Maryland for DUI/DWI, you need an experienced and talented DUI/DWI criminal defense team to help. Maryland’s best criminal defense attorneys — like the ones at the Law Office of Robert Castro — can work the laws […]
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If you have been arrested in Waldorf, Maryland, one potential criminal defense is that you were defending yourself (or defending another). This is the defense of self-defense. Under Maryland criminal laws, a certain amount of physical force is allowed to be used in self-defense or in the defense of others. This is generally called “justifiable […]
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If you have been arrested by law enforcement officials in Charles County, Maryland, the police are allowed to seize all of your personal property, including your wallet or purse, keys, and your cellphone. This is standard procedure and is lawful. Generally, this is called “inventorying” of an accused, and the police have an obligation to […]
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In Maryland, there are no crimes that are defined as “domestic violence” in a direct sense. Rather, there are many types of crimes, like assault, that may occur in a domestic setting, such as in a shared home between married persons, those who are romantically involved, or family members. The domestic nature of the crime […]
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Hearsay is a complicated legal concept about certain types of evidence that can be found in witness testimony and in documents. Generally, hearsay is a type of evidence that CANNOT be used in a Maryland criminal case. Tenacious and skilled Maryland criminal defense lawyers will fully understand what hearsay evidence is and object to it […]
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Yes. Driving under the influence (“DUI”) (or driving while intoxicated (“DWI”)) applies to any sort of vehicle in Maryland, including motorcycles, tractors, all-terrain vehicles, boats, and even bicycles. If you have been searching for a DUI/DWI lawyer in St. Mary’s County or in Charles County, MD, call us here at the Law Office of Robert […]
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Yes. If you are arrested in Waldorf, Maryland, or any other part of Charles County for drunk driving, you can be charged by government prosecutors with driving under the influence (“DUI”) AND with driving while intoxicated (“DWI”). Indeed, this is common. The main difference between the two charges is the person’s blood alcohol concentration (“BAC”). […]
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In Waldorf, MD, and other parts of Southern Maryland, a person is legally considered an adult when they turn 21. Maryland criminalizes “underage drinking” (and drug use). In particular, in Maryland, it is a crime for those under the age of 21 cannot purchase, drink, and/or possess alcohol. Further, like anyone of any age, Maryland […]
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An indictment is a way of being arrested and accused of a crime. When most people think of an arrest, probably what comes to mind are scenes from movies and television shows. On crime shows and in movies, one often sees the police or law enforcement arresting a person on the street after a chase […]
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In Maryland criminal cases, people often hear how criminal defendants have a right to “due process.” But what do those words actually mean for those accused of crimes here in St. Mary’s County or in other parts of southern Maryland? The courtroom-proven Maryland criminal defense lawyers at the Law Office of Robert Castro provide this […]
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The question of whether a Maryland criminal court judge CAN ask questions of witnesses at a criminal trial is a bit complicated. Generally, here in Maryland, the judge at a criminal trial DOES NOT ask questions of the witnesses at a criminal trial. However, Maryland criminal law does not PRECLUDE a criminal court judge from […]
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The basic rule is you have 30 days to appeal a criminal conviction in Waldorf or any other location in Maryland. These are calendar days, so weekends count in calculating the day that the appeal must be filed. If the 30th day falls on a weekend (or a day when the courts are closed), then […]
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Generally, the answer is “no” (with a couple of exceptions discussed below). Since a criminal plea bargain is an AGREEMENT involving the consent to entry of a court’s Order, it is not possible to appeal. This is a general rule that applies in criminal and civil matters. If a person consents to the entry of […]
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Yes, in Maryland, a person can be convicted of a crime only on the basis of circumstantial evidence. In a Waldorf, Maryland criminal trial, there can be direct evidence introduced or what we call “circumstantial” evidence. Direct evidence is something like an eyewitness testifying to some fact or evidence from lab tests (like tests showing […]
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Most DWI/DUI cases are charged by Maryland prosecutors as misdemeanors. However, Maryland criminal statutes identify a significant number of circumstances where a DWI/DUI must be charged as a felony. These include circumstances where: The current arrest is the third DUI in 10 years An accident was caused an accident, and there were significant injuries or […]
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If you have been convicted of a crime in Waldorf, Maryland, very broadly, there are two ways to try and overturn the conviction: file a written request with the Maryland criminal court judge that handled the case or appeal the case to a “higher” court. With both methods, your experienced criminal defense team must be […]
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In this article, the skilled and experienced Maryland criminal defense attorneys at the Law Office of Robert Castro discuss what might happen if a crime victim does not press charges or refuses to cooperate with the prosecution. Call us at (301) 705-5137 if you have been arrested or charged. We are available around the clock, […]
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The criminal justice system in Waldorf, Maryland, is more complicated than in other states. Part of the reason is that Maryland has two different trial-level courts: the District Courts and the Circuit Courts. Above these are Maryland’s appellate courts: the Court of Special Appeals and the Maryland Court of Appeals (which is our version of […]
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If you have been searching for the “best DUI/DWI lawyers in Charles County or for “Maryland DUI attorneys near me,” call us here at the Law Office of Robert Castro. Our number is (301) 705-5137. We are available around the clock, 24/7. We are seasoned and skilled Maryland criminal defense lawyers. We offer DUI/DWI criminal […]
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