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If you find yourself facing arrest in Maryland, it’s important to understand your rights. Regardless of the reason why you are being arrested, knowing what rights protect you during an arrest can significantly impact the outcome of your case. What are your rights during an arrest in Maryland?

You Have the Right to Remain Silent

When most people think about rights during arrest, they think about the right to remain silent. It’s often mentioned on television and in movies, but what does it actually mean? Under the Fifth Amendment of the U.S. Constitution, you are protected from self-incrimination. Because anything you say can be used against you in court, your right to not answer questions can help you avoid self-incrimination.

However, it’s important to note that you need to invoke your right to remain silent. Simply remaining silent is not enough to protect you. You can also choose to invoke your rights after you’ve already begun answering questions. Additionally, make sure that you stay calm when invoking your rights and that you don’t resist arrest or act in an uncooperative fashion.

You Have the Right to Speak to an Attorney

In addition to the right to remain silent, you have the right to legal representation. This right is promised to you under the Sixth Amendment. Police may pressure you to answer questions and say that it will take a long time for your attorney to arrive. However, you are allowed to insist on contacting your attorney. It’s highly advisable to invoke your right to an attorney as soon as possible.

During any questioning, you have the right to have your attorney present. Once you request a lawyer, the police must stop asking you questions until your attorney arrives. Having legal representation can help you avoid saying something that could be harmful to your case and will help ensure that your rights are protected throughout the legal process.

You Have the Right to Know the Charges Against You

When you’re arrested, you have the right to know why you’re being detained. The police must inform you of the charges against you. They cannot arrest you without probable cause, which means that they need sufficient evidence to believe that you have committed a crime. If the officers do not have probable cause, the arrest could be unlawful, and any evidence obtained during the arrest may be inadmissible in court.

You Have the Right to Medical Attention

If you are injured in an accident right before your arrest or during an arrest, or you have a medical condition that requires treatment, you have the right to receive medical attention. Maryland law enforcement officers are required to ensure that you are safe and that your medical needs are met. If you require medical care, you should request it immediately, as it is one of your rights during an arrest.

Why Legal Representation Matters

Having a lawyer by your side after an arrest can make all the difference in the outcome of your case. An experienced attorney will ensure that your rights are respected and can challenge any improper conduct by law enforcement. They can also work to negotiate a fair resolution to your case, whether through plea negotiation or fighting the charges in court.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are arrested in Maryland, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Attorney-client privilege is a critical part of the legal system, as it provides clients with assurance that their communications with their attorneys are confidential. However, misconceptions about attorney-client privilege are very common and can lead some people to not have the strongest case possible presented in court. Understanding the truths behind the myths can help you navigate legal issues more confidently and protect your rights.

Myth 1: Everything You Say to Your Attorney Is Protected

While attorney-client privilege does protect most communications between a lawyer and their client, not everything you share is covered. One key exception to attorney-client privilege is the crime-fraud exception. If you talk to your attorney about something with the intent of committing or covering up a crime or fraud, your communications are not considered privileged. This is to help prevent the misuse of legal advice for illegal purposes. For example, if you tell your lawyer that you were drinking the night of a car accident, that confession is protected. However, if you tell your attorney that you plan on robbing a bank next week, that is not protected.

In the state of Maryland, if an attorney thinks that a client is using their services to commit or prepare to commit a crime, they may be obligated to disclose the information or risk facing criminal charges and disciplinary sanctions themselves.

Myth 2: Only Written Communication Is Protected

Attorney-client privilege is not limited to written communications—it also covers oral conversations, emails, phone calls, and other forms of communication between a client and their lawyer, as long as the discussion is related to seeking or providing legal advice. For example, if you have an in-person meeting with your lawyer to talk about the details of your case, the information shared in that meeting is generally protected. In the same vein, if you communicate with your attorney over email, that exchange is covered by attorney-client privilege, providing it pertains to legal advice.

Myth 3: Attorney-Client Privilege Covers Physical Evidence

One common misconception is that attorney-client privilege extends to physical evidence of a crime. In reality, the privilege applies to communication, not to objects or physical evidence. If you hand over physical evidence, such as a weapon or a document related to a crime, your attorney may have a legal obligation to disclose or turn over that evidence to authorities. However, discussions about evidence or instructions on how to handle it are typically protected under attorney-client privilege. For example, if you tell your lawyer how a piece of evidence relates to your case, that conversation is privileged. It’s important to distinguish between physical evidence and confidential discussions about it.

Myth 4: Attorney-Client Privilege Is Permanent

While attorney-client privilege generally lasts beyond the end of the attorney-client relationship, it is not always absolute. In certain situations, the privilege can be waived or lost. For example, if a client shares privileged information with others outside the attorney-client relationship, they may have effectively waived their right to confidentiality. This is why it’s crucial for clients to refrain from discussing their legal matters with people who are not part of their legal team. In Maryland, the privilege may also be waived if a client claims ineffective assistance of counsel. In such cases, communications that would typically be protected may be disclosed as evidence in court to determine whether the attorney fulfilled their obligations.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are arrested in Maryland, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Choosing the right lawyer in Maryland for your legal needs is a crucial decision that can significantly impact the outcome of your case. Whether you are dealing with a personal injury case, business law issue, or DUI defense case, finding a lawyer who has the right skills and experience is essential. What factors should you consider to help you choose the right lawyer in Maryland?

Think About Your Legal Needs

The first step in choosing the right lawyer is to understand the type of legal representation you need. Different lawyers specialize in different areas of the law, so it’s important to find someone with expertise relevant to your case. For example, if you’re dealing with a car accident claim, you’ll need a personal injury lawyer. If you are dealing with a business contract dispute, you don’t want to go to someone who exclusively works in family law. Hiring a lawyer with a deep understanding of the legal area you need assistance with will improve your chances of getting a favorable outcome.

Consider Experience

Another key factor in choosing the right lawyer is their experience and track record. Experienced lawyers are often better equipped to handle complex legal issues and know how to navigate the intricacies of the legal system in Maryland. When interviewing potential lawyers, ask about their years of practice, the types of cases they handle, and if they’ve had success with cases like yours. By focusing on lawyers who have a proven track record, you can choose the right lawyer for your needs with greater confidence.

Evaluate Their Reputation and Reviews

It’s easier than ever to research lawyers and read reviews from past clients. When trying to choose the right lawyer, look for those who have a solid reputation in the legal community and positive client reviews. Additionally, consider asking the attorneys you are considering for references or testimonials. Firsthand experiences can be valuable and provide insights that online reviews may not capture. A lawyer with a good reputation is more likely to treat your case with the care and attention it deserves.

Examine Their Communication Style

Effective communication between you and your lawyer is critical. When you choose the right lawyer, you want someone who not only understands the law but can also explain complex legal concepts to you in plain language. During your initial consultations, pay attention to how well the lawyer listens to your concerns, answers your questions, and explains your options. Clear and open communication is essential throughout the legal process. If a lawyer is difficult to reach, doesn’t respond promptly, or avoids answering your questions, it may be a red flag that they aren’t the right fit for you.

Contact Mobley & Brown, LLP for Help With Your Legal Needs

If you are involved in any legal case in Maryland, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Driving under the influence (DUI) is a serious crime in Maryland, and the state levies serious consequences against anyone convicted of a DUI. Because the state has a strict zero-tolerance policy for underage drinking and driving, young drivers who are driving under the influence can face legal and personal repercussions that have long-lasting effects on their lives. What are the consequences that you should know?

What Does Maryland’s Zero-Tolerance Law Mean?

The legal drinking age in Maryland is 21, meaning that anyone under that age found with any amount of alcohol is breaking the law. The state has a zero-tolerance law for underage drinking and driving or underage DUI. Any detectable amount of alcohol, even as low as 0.02% blood alcohol concentration (BAC), can lead to DUI charges for underage drivers. This threshold is significantly lower than the 0.08% BAC limit for drivers who are 21 or older.

The zero-tolerance law is designed to discourage underage drinking and driving by imposing strict penalties on young drivers who violate it. Even if an underage driver has had a single beer, they can still be charged with a DUI if their BAC is above the limit.

What Are the Legal Consequences of an Underage DUI?

The penalties for an underage DUI in Maryland are severe, as they are intended not only to punish the offender but also to serve as a deterrent. You will be subject to the same legal penalties for your DUI as an adult over the age of 21, including a $1,000 fine and up to 12 months in jail. However, you will also face a six-month suspension of your driver’s license if you are under the age of 21.

Once you are given your driving privileges back, you will probably be required to install an ignition interlock device (IID) in your vehicle. This device will make you pass a breathalyzer test before the car will start. These devices come with a cost, and they can also be an added hassle, but they are designed to teach young drivers a lesson to avoid future DUIs.

What Are the Other Consequences of an Underage DUI?

Beyond the legal penalties, an underage DUI or DWI can have significant personal and social consequences. A DUI conviction as a minor could jeopardize your access to scholarships or even lead to your college acceptance being rescinded. Some schools have strict policies regarding student conduct, and your conviction will be taken seriously.

Auto insurance premiums also typically increase sharply after an underage DUI conviction. Some insurance companies may even refuse to renew a policy, forcing you to find coverage through a high-risk insurer, which can be extremely expensive. Additionally, being convicted of a DUI can carry a social stigma that affects your relationships with family, friends, and peers. The negative perception associated with drunk driving can lead to feelings of shame and embarrassment.

Contact Mobley & Brown, LLP for Help With Your DUI Defense Law Needs

If you are involved in an underage DUI case in Maryland, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Losing a loved one can be incredibly painful, and it is even more challenging when their death is the result of someone else’s negligence or wrongdoing. In Maryland, wrongful death claims provide a legal avenue for families to get justice and compensation for their loss. Understanding the possibilities and limitations of these claims is essential to ensure that your loved one’s legacy is honored.

What Is a Wrongful Death in Maryland?

In Maryland, wrongful death is considered a death that was caused by the wrongful act or negligence of another person or entity. Wrongful death claims can happen for a broad variety of accidents, including anything from medical malpractice to car collisions. Certain family members can file wrongful death claims to help recover damages. Because these cases are so complex, working with an experienced attorney is essential.

Who Can File Wrongful Death Claims in Maryland?

Only certain people are allowed to file wrongful death claims in Maryland, and the law defines them as:

• Primary Beneficiaries: This category includes direct relatives of the deceased, including spouses, children, and parents. Primary beneficiaries are the ones who must file wrongful death claims before secondary beneficiaries.
• Secondary Beneficiaries: If there are no surviving primary beneficiaries, secondary beneficiaries can file a claim. Secondary beneficiaries include people like siblings, cousins, and other relatives, as well as other relatives who were financially dependent on the deceased.

Friends and more distant relatives are not able to file wrongful death claims.

What Does Compensation Look Like in Wrongful Death Claims?

Nothing can bring back your loved one and take away the pain and anguish that you’ve experienced. However, the compensation awarded in a wrongful death claim is intended to provide financial relief to surviving family members and to help make things right for the emotional pain and suffering they have endured.

Compensation can include both economic and non-economic damages. Economic damages include things like funeral costs, medical bills, loss of income, and the value of any services that the deceased person provided for the family, like childcare. Non-economic damages can be hard to put a number on, as they include your emotional pain and suffering and things like loss of companionship or loss of parental care.

Why Does Legal Representation Matter for Wrongful Death Claims?

When you are filing a wrongful death claim in Maryland, it is essential that you work with a skilled attorney. Your attorney will be able to help with many tough aspects of filing a claim, including investigating the case to establish liability, handling negotiations to ensure that you get the restitution that you deserve, and representing you in court if the case goes to trial. Many wrongful death claims can be resolved outside of court thanks to the hard work of attorneys behind the scenes, and we will do our best for you.

Contact Mobley & Brown, LLP for Help With Your Wrongful Death Claim

If your loved one passed away and you are interested in exploring wrongful death claims, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Maryland’s Ignition Interlock Program is a crucial tool the state uses to help combat drunk driving. It prevents individuals who have been convicted of alcohol-related driving offenses from operating their vehicles while under the influence. This program mandates the installation of an ignition interlock device (IID) in the vehicles of certain offenders, which forces them to pass a breathalyzer test before the vehicle can start. What should you know about the program and how it works?

What Is an Ignition Interlock Device?

An ignition interlock device is essentially a breathalyzer connected to a vehicle’s ignition system. The driver must blow into the device, and if their blood alcohol concentration (BAC) is above a pre-set limit, the vehicle will not start. The IID is part of Maryland’s Ignition Interlock Program, which is overseen by the Maryland Motor Vehicle Administration (MVA).

Who Participates in the Ignition Interlock Program?

All convicted drivers are not necessarily eligible to participate in Maryland’s Ignition Interlock Program. However, you may be required to participate in circumstances like:

1. Being Convicted of Driving Under the Influence (DUI): Individuals convicted of a DUI offense are often required to install an IID.
2. Refusal to Take a Breathalyzer Test: Those who refuse to take a breathalyzer test when pulled over by law enforcement may also be required to participate in the Ignition Interlock Program.
3. High BAC Levels: Drivers with exceptionally high BAC levels at the time of arrest may be required to participate in this program.
4. Repeat Offenders: Individuals with multiple alcohol-related offenses are typically asked to install an IID.

How Long Do You Need to Participate?

How long you’ll be required to participate in the Ignition Interlock Program will vary depending on the severity of the offense and whether it is a repeat offense. The required period can range anywhere from six months to several years. The court or MVA will tell you the required duration when mandating the IID installation, and your attorney can explain any additional details that you may not understand.

How Do They Confirm Compliance?

Participants in Maryland’s Ignition Interlock Program are subject to strict compliance and monitoring protocols. The IID records data every time you try to start the vehicle, and the information that it transmits will be regularly reviewed by the MVA and/or the court. Any violations, such as attempting to start the vehicle with a BAC above the allowed limit or tampering with the device, can result in serious penalties, including extended participation in the program or additional legal consequences.

Contact Mobley & Brown, LLP for Help With Your DUI Defense Law Needs

If you are involved in a DWI or DUI case in Maryland, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.

Assault is a serious criminal offense that can have serious legal consequences if you are convicted. If you are facing charges for assault in Maryland, it’s important to understand what the state considers assault. In Maryland, assault is broken down into different degrees, each of which has specific definitions and penalties. What should you know about the definitions of assault in Maryland?

What Is Assault?

In the broadest terms, assault in Maryland is defined as causing or attempting to cause physical harm to another person. Notably, assault also includes acts that create a reasonable fear of imminent bodily harm. This means that you don’t necessarily have to ever make physical contact with someone to be charged and convicted of assault. There are two main types of assault in the state, which are known as first-degree and second-degree assault.

First-Degree Assault in Maryland

First-degree assault is the more serious charge of the two, and it involves intentionally causing or attempting to cause serious physical injury to another person. It also covers assaults committed with a firearm, regardless of whether a serious injury occurs. Under Maryland law, serious physical injury is defined as an injury that creates a severe risk of death or that causes permanent or serious disfigurement, loss, or impairment of a body part.

If you are convicted of first-degree assault in Maryland, it is considered a felony, and you can face up to 25 years in prison. Because first-degree assault is such a serious charge that carries lifelong consequences, it is crucial to have an experienced attorney to navigate the complexities of the legal system.

Second-Degree Assault in Maryland

Second-degree assault covers a broader range of things than first-degree assault, and it includes unlawful physical contact and acts intended to cause fear of imminent harm. Unlike first-degree assault, second-degree assault does not require the intent to cause serious physical injury or the use of a firearm.

Second-degree assault is a misdemeanor charge, so it is less severe than first-degree assault. It carries a penalty of fines of up to $2,500 and up to 10 years in prison. It is important to note that second-degree assault can be increased to a felony charge if you assault specific protected individuals, like police officers.

Why Legal Representation Is So Important

If you are facing charges for assault in Maryland, it can be a terrifying experience. If you are convicted of a felony or even a misdemeanor, it can impact your personal life, your employment opportunities, and your freedom. It is essential to seek legal representation from an experienced criminal defense attorney who understands the nuances of Maryland’s assault laws, like Mobley & Brown, LLP. An attorney can provide you with critical guidance, protect your rights, and develop a defense strategy that is tailored to your case.

Contact Mobley & Brown, LLP for Help With Your Criminal Defense Law Needs

If you are involved in either side of an assault case in Maryland, you need the right legal assistance. Our experienced legal team is looking forward to working with you to meet your needs. Call us now at (410) 385-0398.