I wouldn't get too excited. The bill is not yet law and your case will probably be resolved before it is law. However, the prosecutors may relax a little bit, given the recent vote. The rest of your posting presents some interesting Constitutional issues regarding the nature and length of the seizure by the police. You should consult an attorney. You may have a good defense.
Yes, your stepson needs an attorney. thought the charges may not be the most serious in the world, a conviction will follow him around for the rest of his lie. This can prevent him from getting a job etc. Additionally, from my perspective, the police should not be allowed to run "rough shod" over the rights of citizens. If you stepson is really in the right, it may be worth fighting.
You need to be comfortable with the lawyer who represents you. Based on a Supreme Court case, people facing jail can have a public defender. Private counsel is of your choosing. You can't choose your public defender. It is unclear how you will hire the private lawyer of your choosing if you can't retain him/her. The public defender may be your only option. Many public defenders are excellent lawyers and have a good feel for the courthouse and the judges. You need to make the decision...
If your friend swore out a complaint that resulted in a charge he should advised the State's Attorney. The problem is that your friend doe not want to get in trouble for issuing a false complaint. The best thing for your friend is to call an attorney to help him resolve this.
It depends on the charge filed. If the case in in District Court there are no separate arraignments. Different jurisdictions handle things slightly differently. Without more information it is impossible to provide more detail. Your boyfriend needs to beta lawyer as soon as possible. There are several procedural rights that need to be protected.
Unfrotunately, your understanding of a PBJ was in error. There is a public record of the event. Additionally, there is an MVA record of the resolution as well. DUI cases are not subject to expungement, so it will be there. The good thing is that you did not get the points associated with the charge, and you can truthfully say you were not "convicted." The PBJ statute states that a driver is only eligable for that disposition one time every 10 years, so there needs to be a record, so the...
This website offers the names and contact information for a variety of attorneys who would be happy to help you. You should do a search and look at the ratings and comments about the lawyers and see who is the best fit. Good Luck.
The expungement procedure in Maryland is very specific. Unfortunately, DUI PBJs cannot be expunged. The record stays on the public data bases and on your driving record. However, most background check only turn up convictions, not PBJs. It all depends on the service used and the authority you granted the searcher.
The short answer is "Yes." The bond can be reduced. When setting a bond the Cpurt looks at the charge, the defendant's history, the danger to the community and the likelihood that the defendant will come back to court when they are supposed to. A great deal also depends on the particular judge. Your boyfriend needs to get a lawyers ASAP. I assume, given the amount of the bond, that the charges are very serious. Also, a lawyer can file a motion to have the bond reduced. The longer he...
The short answer is "yes." You can be charged. The better question is whether you can be convicted. The answer there too is "yes." The law does not require you to be present to have possession. You need to have knowledge of the contraband and have the ability to exercise dominion and control. It appears that there are many facts that cut in your favor, but you clearly need representation. You need to know exactly what the police found where and how that relates to you. You NEED a lawyer.