The Importance of Requesting Legal Representation Immediately After an Arrest in Maryland

If the police arrest you in Maryland, you need to seek legal representation immediately. While you aren’t guaranteed “one phone call,” you will often have an opportunity to make a call. You may want to use that call to seek a lawyer, but if you call a relative, have them start looking for a criminal defense lawyer who can represent you. Even before you secure a lawyer, appeal to your future lawyer by telling the police you don’t want to answer any questions without a lawyer.

Your Miranda rights

The 1966 Supreme Court case Miranda vs. Arizona established that the police must issue suspects Miranda warnings before conducting a custodial interrogation. Anyone who has ever watched a TV police drama has heard it before: “You have the right to remain silent. Anything you say can and will be used against you…”

The right to remain silent

You don’t have to answer any questions from the police. If you do answer any questions, you can be certain that the police will record your responses. If the prosecutor decides to prosecute, they will certainly do their best to use whatever you say to further their efforts to prosecute you. Make no mistake about it -– the police are experts at asking tricky questions.

Never answer any questions, even if you are innocent, without your lawyer present and advising you. Remember that the police cannot use your silence against you, as in “the defendant refused to answer the question, therefore…”

The right to an attorney

You have the right to legal representation while the state is prosecuting you. If the state questions you, you have the right to bring your attorney with you. If the police question you and you say you want to speak with your attorney, the police must immediately suspend their interrogation.

If you cannot afford an attorney, one will be appointed for you

Every state, including Maryland, operates a public defender’s office. Lawyers in the private sector are expensive. Public defenders are state employees who represent defendants lacking the financial resources to pay a private sector lawyer.

If you cannot afford to pay a lawyer, however, obtaining assistance from a public defender takes more than just telling a judge, “I cannot afford to pay a lawyer.” You have to prove your poverty. The problem with public defenders is that they are often overwhelmed with clients and cannot devote sufficient time to any single client.

How a lawyer can help you early on

An arrest can be a frightening and disturbing experience. Unless you studied law or criminal justice, you probably are not aware of the full extent of your constitutional rights. The police will not hesitate to take advantage of your lack of knowledge. A criminal defense lawyer will know your rights backward and forward. They can help you avoid making mistakes that could get you incarcerated for a crime you didn’t even commit.

Help you respond appropriately during interrogations

If there is one fact you absolutely must remember after an arrest, it is this one: the police are not your friend. If the police arrested you, they probably believe you are guilty. They have a thousand “dirty tricks” they can use to dupe you into saying something that hurts your case. For example, they might falsely claim that a co-defendant has already implicated you, just to pressure you into a confession.

A seasoned Maryland criminal defense lawyer will know most of these tricks by heart, having dealt with them before. They won’t fall for any of them, and they won’t let you fall for them either. In an extreme case, the presence (and advice) of a lawyer during questioning could make the difference between prosecution and acquittal.

Challenge police misconduct

If you don’t know your rights, you will have trouble identifying what the police can and cannot do. Once you retain a criminal defense lawyer, they will be able to identify any police misconduct, challenge it, and possibly even use it to secure an acquittal. If the police obtained evidence through an illegal search of your car, for example, your lawyer can challenge their use of this evidence through a file a motion, which if successful, could get the judge to suppress evidence.

Help you with bail hearings

You have the right to bring a criminal defense lawyer with you to any bail hearings to ensure that the state treats you fairly. Your lawyer can challenge an excessively high bail and potentially convince the judge to lower or even eliminate bail requirements.

What might happen if you delay seeking legal representation

Delaying seeking legal representation can be just as dangerous as delaying medical treatment when you are suffering a disease. Quite frankly, the Maryland criminal justice system is a minefield for the uninitiated. Below is a partial list of some of the mishaps that might befall you if you delay seeking legal representation.

You might self-incriminate

The U.S. Constitution does not allow compelled self-incrimination. Voluntary self-incrimination is fair game, however. For example, you might tell the police, ““I only had a little cocaine on me — it wasn’t even mine, I was just holding it for a friend.” Although in this case you didn’t confess to ownership, you voluntarily admitted to knowledge and control of the cocaine. This alone could be enough to support a possession charge.

You might make procedural errors

Navigating the legal system without expertise increases the risk of errors that could adversely affect your case. For example, you might plead guilty to DUI at your first hearing, unaware that the police stopped you illegally and that you therefore could have won dismissal of your DUI charge.

You might receive unfair bail conditions

Nobody wants to languish in jail until trial just because they can’t make bail. If the judge imposes unfair bail conditions on you, however, that is exactly what might happen. Your chances of receiving fair bail conditions increase dramatically once you hire an experienced criminal defense lawyer.

The assistance of a Maryland criminal defense lawyer is a must

For all of the reasons given above, you absolutely need the assistance of a Maryland criminal defense lawyer if you are facing serious criminal charges. Attempting to represent yourself without a lawyer is akin to attempting to perform surgery on yourself.  Maryland criminal defense attorney Drew Cochran offers aggressive representation aimed at the best possible outcome for his clients. Contact his office today.