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Legal
Advice
How can I obtain legal advice?
Only a lawyer can provide legal advice. For
information on lawyers and organizations proving legal
assistance, contact Peoples
Law Library or the
Lawyer Referral Service
of Maryland Bar Association for information on how
to obtain a lawyer. Many lawyers provide free or low
cost initial consultation services. The state bar
association or other local bar associations may provide
you with a list of these lawyers.
Do
I need a lawyer?
The answer is a complex one. You are not required
to have a lawyer.
Many individuals who bring small claims, property
and minor traffic cases before the District Court
represent themselves
However, a lawyer will offer you legal advice, help
defend you and protect your interests before the court. Obtaining
legal advice is particularly important in criminal
proceedings.
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Low
Cost Legal Service
How do I obtain free or low cost legal services?
Many lawyers and organizations provide free or low
cost initial consultation services. Additionally some
lawyers will assist in the preparation of cases for
individuals wishing to represent themselves. For information
on lawyers and organizations proving such assistance,
contact Peoples
Law Library.
Pro bono services are legal services provided
by attorneys who are volunteering their time "pro
bono publico," or "for the public good." A number
of non-profit organizations in Maryland can assist
in obtaining a pro bono attorney. Contact the Maryland
Volunteer Lawyers Services at 800-510-0050 or contact
the Pro
Bono Resource Center of Maryland at 800-492-1964
for a list of local pro bono organizations.
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Will the state
get me a lawyer?
If the offense is one that is punishable by imprisonment
and you want to hire a lawyer but cannot afford one,
the state may supply you with a lawyer free of charge,
if you meet eligibility requirements. Contact
the Office
of the Public Defender at 877-430-5187 If you
do not meet eligibility requirements for a public
defender, many organizations and law firms provide
free or low cost legal services. Contact the Maryland
State Bar Association or a local bar association for
assistance.
The
state does not provide you with a lawyer if you wish
to file civil charges.
When should I contact a
lawyer?
Your lawyer will need time to prepare your case for
trial. If you have not hired your own lawyer
or contacted the public defender by the time of your
trial, the judge can make you go to trial without
a lawyer. The public defender may refuse your case
if you apply with less than 10 working days before
trial.
It is your responsibility to obtain legal counsel.
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Attorney
in good standing
How do I check to see if
an attorney is in good standing in the state?
Individuals can check to see if an attorney
is in good standing - meaning that no prior disciplinary
action has been taken against him or her - by contacting
the Court of Appeals Clerk’s Office 410-260-1500.
Disciplinary action currently under review or that
has been filed recently is confidential.
The Attorney
Grievance Commission's web site also provides
disciplinary summaries for the current and past two
fiscal years.
How
do lawyers get a Certificate of Good Standing?
Attorneys who do not have any disciplinary action
against them can obtain a Certificate of Good Standing
from the Court of Appeals. The certificate is a notification
that the attorney is presently in good standing and
licensed to practice in the State of Maryland.
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Attorney
grievance
How
do I file an attorney grievance?
Attorney complaints and/or grievances are
handled by the Attorney Grievance Commission of Maryland.
Attorney complaints can be filed by calling 410-514-7051
(or toll-free at 800-492-1660) to request a complaint
form. Individuals can either complete the form and
return it to the Attorney Grievance Commission of
Maryland at (100 Community Place, Suite 3301, Crownsville,
MD 21032-2027) or write a letter to the commission
that includes both your and the attorney’s name,
address and phone number, along with a description
of the complaint.
For
more information, visit the commission's
web site or call the commission at the numbers
above.
Certified
Records
Traffic
records
You
obtain certified driving records
from
MVA.
To obtain certified records of traffic tickets,
citations and charging documents, you should call
District Court's traffic processing unit at 1800-492-2656.
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Legal
Research
How do I research my case?
The Maryland Code contains the laws of the State of
Maryland. It is divided into 28 titles concerning
a wide range of subjects. The State
Law Library provides links to Maryland Code and
other laws and other resources.
Additional
information may be provided from Peoples
Law Library.
Finding
Statutes (The "Codes")
How
do I find codes?
All
the public and permanent statutes currently in force
are published in subject arrangements called "statutory
codes".
In
Maryland, these collected laws, are called the "Annotated
Code of Maryland." The word "annotated"
refers to the fact that this version of the code includes
case law notes after each section.
The
Federal Laws are collected in three versions called
the "United States Code," "The United
States Code Annotated," and the "United
States Code Service."
Finding
the Code - Many Maryland libraries, both law libraries
and general public libraries, subscribe to the Annotated
Code of Maryland and at least one version of the United
States Code.
For a detailed description of how to research code,
see Peoples
Law Library
Law
libraries
The main law library is located at:
Maryland State Law Library
Robert C. Murphy Courts of Appeal Bldg.
361 Rowe Boulevard
Annapolis, MD 21401-1697
Contact: Maryland
State Law Library
For
a complete list of all law libraries in the region,
contact Peoples
Law Library.
Pleas
What
are the different pleas?
In
District Court cases you may plead "guilty"
or "not guilty." There is no plea of "innocent."
A guilty plea results in the charge becoming a part
of your record. In the case of a traffic ticket, The
Maryland Motor Vehicle Administration (MVA)
may assess points on your license.
In
traffic cases, you may plead "guilty with an
explanation" and appear for a hearing. The hearing
presents you with an opportunity to explain to the
judge why you committed the offense and request that
your fine be reduced or waived or ask that you be
given probation rather than a conviction because of
extenuating circumstances. Lowering your fine is at
the discretion of the judge. There is a possibility
that your fine could be increased, up to a maximum
of $500. If the judge renders a guilty verdict, you
have the right to an appeal. There are non-refundable
court costs for filing an appeal.
If
you wish to plead "not guilty," you must
appear for a hearing.
Verdicts
When a verdict is rendered— either
by a jury or judge—the actual decision is either
“guilty” or “not guilty.”
There is no finding of “innocent.” However,
a defendant, if found not guilty, can be described
as having been acquitted. If there is a finding of
not guilty, it simply reflects the fact that the prosecution
failed to prove guilt beyond a reasonable doubt.
Common
resolutions of criminal cases other than by findings
of not guilty and guilty may include:
Nolle
pros. The state opts to end the prosecution
and dismisses the charge.
Stet. A suspension of the prosecution
with the State given the opportunity to reopen the
case without the need for the defendant to be recharged.
The majority of stets result in no further prosecution.
However, a significant number are reopened because
of the defendant’s arrest on additional charges
or his failure to live up to some agreed-to-condition
within a reasonable time after the entry of the stet.
PBJ-Probation
before judgment. This is a common resolution
in many District and circuit court trials. The defendant
is found guilty or pleads guilty. However, the final
entry of judgment is technically suspended. This gives
the defendant an opportunity to request expungement
of his record upon successful completion of the conditions
or probation.
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