Frequently Asked Questions

How do I know if I need a criminal defense attorney?

Answer: Whether you are being interviewed by the police regarding a crime, under investigation by a grand jury for a crime, or already formally charged with committing a crime, discussing your situation with an experienced criminal defense lawyer immediately is essential. Our firm provides a free initial consultation where we will discuss your matter, and give you a clear and honest assessment of your situation.

What will it cost me to discuss my situation with the Firm?

Answer: Absolutely nothing! Initial consultations are free of charge. At that meeting, should you be in need of criminal representation and desire that the Firm provide such representation, you will be provided the fee for our services. That fee is based upon the complexity and severity of each individual case, and we will be able to determine those factors at our initial consultation.

If I speak to the firm about my case, will the information remain private?

Answer: Absolutely. All information provided at a consultation regarding your particular legal matter is protected by the attorney-client privilege, and that information can not be revealed without your consent.

Why should I hire the Firm to represent me in my criminal defense?

Answer: Because the attorneys in the Firm possess the experience and knowledge to provide you an effective and aggressive criminal defense when your freedom is on the line. Indeed, the Firm concentrates on criminal law, and not every area of law such as divorce and corporate law as some attorneys do. As such, we are able to be extremely knowledgeable on all aspects of criminal law that can affect your case. By focusing on criminal law, we are able to stay aware of all of the latest criminal appeals decisions from around the country, and attend both meetings and seminars around the country that discuss and teach the latest criminal defense techniques. Moreover, by only handling criminal defense matters, we have come to deal with prosecutors all over Maryland and that helps in the criminal defense of your matter because those prosecutors will know that you have someone experienced on your side.

Will I be kept updated and able to contact the attorney handling my matter when I need to speak with him or her?

Answer: Absolutely. The Law Offices of DeLeonardo, Smith & Associates strongly believes that our clients should be kept informed of the developments in their case. To accomplish this, we not only provide periodic updates by telephone, but you will receive a copy of every pleading or letter filed on your behalf. We also are always willing to take your phone calls or, if necessary, meet with you in person to discuss any concerns or questions you may have.

I know I need to hire very experienced and aggressive criminal attorneys, but how can I arrange to pay for those services?

Answer: Hiring an experienced and aggressive criminal defense team can be expensive. The reason for this is that when you hire the Law Offices of DeLeonardo & Associates you can be assured that your criminal defense team will examine every possible criminal defense strategy, even the most sophisticated ones, and will utilize them in defending you against criminal charges. Nevertheless, when your freedom and reputation are on the line finding the most inexpensive defense may not be the wisest choice. Of course, the Firm understands that some individuals who recognize the value of our services and desire to have us defend them have financial constraints. That is why the Firm is willing to arrange for payments that will meet your particular needs and that can be discussed at your initial consultation.

What happens after I have been arrested?

Answer: After you are arrested, you will be taken before a District Court Commissioner who will determine if probable cause exists to charge you. The Commissioner will then: 1) make sure that you understand the charges against you and the possible penalties; 2) advise you of your right to an attorney; 3) advise you that it is your responsibility to obtain an attorney; and 4) determine whether bail should be set and in what amount.

What is bail?

Answer: Bail is money paid to the court to make sure you will appear at all required court appearances.

Who can post bail for me?

Answer: You may post bail for yourself, have someone over the age of 18 post it on your behalf, or use a bail bondsman.

How can I post bail?

Answer: Bail can be posted by the following:
1. Cash Bail — In most circumstances a percentage may be posted for cash bonds. For example, bonds that are set at two thousand five hundred dollars ($2,500), or less may be posted with a cash deposit of ten percent (10%). However the person posting the cash bond is liable for the full amount. If you appear for trial or the charges are disposed of before trial, the amount posted will be refunded. However, if you fail to appear for trial, all cash posted will be forfeited and the full amount of the bond becomes due.

2. Property Bail — Property (land or home) may be used to post bail, provided that the net equity in the property meets or exceeds the amount of the bail. To determine the net equity; deduct any liens, mortgages or deeds of trust, and ground rent, capitalized at 6 percent (6%), from the assessed value of the property. When posting a property bond, you need to present tax bills, assessment notices, copies of a recorded deed or other public records. Each person whose name appears on the tax bill must sign the form, unless a power of attorney has been executed by one or both parties authorizing another signature.

3. Intangible Assets — Acceptable intangible assets include: 1) bankbooks and certificates of deposit accepted at 100 percent of stated value; 2) letters of credit from a bank; 3) certificates for stock listed on the New York or Nasdaq Stock Exchanges, accepted at seventy-five percent (75%) of the present exchange quotation. Only a clerk of the court where your case is currently pending may accept intangible assets.

4. Professional Bail Bondsman — A bail bondsman charges a non-refundable fee to post bail. In addition to the fee, the bondsman may require collateral security or property to secure your release. Collateral will be returned to the person who posted it after disposition of your charges. Consult a bail bondsman for all fees and other conditions they may charge to secure your release.

What is a Preliminary Hearing?

Answer: If you are charged with a felony that is not within the jurisdiction of the District Court you may request a preliminary hearing at or within ten (10) days after your initial appearance in District Court. The preliminary hearing will be held in the District Court. Failure to make a timely request is considered a waiver of a preliminary hearing , unless the Court orders otherwise. Before proceeding with the preliminary hearing, the District Court shall make sure that you have received a copy of the charging document and shall read or state to the you the substance of each offense. The State's Attorneys' Office will then present relevant evidence to the Court . You are entitled to cross-examine witnesses, but not present evidence. If the Court finds after the preliminary hearing that there is probable cause to believe that you committed the offense(s), the conditions of pretrial release established shall be continued unless changed by the Court. If the Court does not find that there is probable cause to believe that you committed the offense(s), it shall dismiss the charging document and release you. The dismissal is made without prejudice.

Within thirty (30) days after a finding by the Court of probable cause or within thirty (30) days after you waive a preliminary hearing, the State's Attorneys' Office will: 1) file a charging document in Circuit Court; 2) amend the pending charging document or file a new charging document charging the defendant with an offense within the jurisdiction of the District Court; or 3) enter a nolle prosequi or have the charge marked stet on the docket.

Can I request a Jury Trial?

Answer: A judge hears District Court and Circuit Court cases. However, you may request a jury trial if you face a charge that is punishable by imprisonment for more than 90 days. A written request for a jury trial should be filed fifteen (15) days before the scheduled trial date or it can actually be requested in District Court on your trial date.

What is a Stet?

Answer: A Stet means that the State and the Defendant agree to place the case on the inactive docket and can generally be brought back and set for trial for up to three years from that date. In the first year, the State or the Defendant can have the case re-set for trial for any reason. After the first year, either side can request the court to set it back in for trial if they can show good cause for doing so. For example, the Defendant failed to satisfy a condition required for the Stet. The only right the Defendant gives up by agreeing to a Stet is their right to argue that they were denied a speedy trial if the case is ever set back in.

What is a Nol Pros?

Answer: Nol Pros is an abbreviation of the Latin phrase nolle prosequi which means that your case will not be prosecuted.

What is Probation Before Judgment?

Answer: When you accept a Probation Before Judgment (PBJ), you agree to abide by any lawful conditions set by the Court and you give up your right to appeal. The guilty verdict will not be entered and no sentence is imposed as long as you follow the terms of the probation set by the Court. In other words, you are considered to not have been convicted of the crime.

I have been charged with DUI/DWI, will I still be able to drive?

Answer: When you were stopped by the police, they may have taken your driver's license and given you a notice of suspension/temporary license (pink) to drive. Attached to that temporary license is a form called a Request for Hearing (white). It is a form you must file with the Office of Administrative Hearings within 10 days after your arrest or your privilege to drive will be suspended without a hearing. Complete the form, and send it, along with a check or money order in the amount of One Hundred and Twenty Five Dollars ($125.00) to the Office of Administrative Hearings, 11101 Gilroy Road, Hunt Valley, Maryland 21031. If you fail to enclose the filing fee of $125.00 your request for a hearing will be invalidated. If you do not request the hearing within ten days, your driving privileges will be automatically suspended on the 46th day after your arrest.

The MVA hearing is where you keep or lose your privilege to drive. If you agreed to take the breath test when the police stopped you, in some situations, you may be eligible for limited driving privileges instead of an outright suspension. For example, you may be eligible for a modified suspension that would allow you to drive to and from work, drive as part of your job duties, drive to participate in alcohol or drug treatment or counseling sessions, or commute to school. In other situations, you may be eligible to drive only if the Administrative Law Judge who conducts your hearing determines that you are an appropriate candidate for the Ignition Interlock Program. However, if you refused to take the breath test, you are not eligible for a restricted license. If you are willing to install this device before going to your MVA hearing, you may increase your chance of having the Administrative Law Judge approve the program as an alternative to the suspension of your driving privileges.

Note: When you are charged with DUI/DWI, not only are facing potential jail time, but your privilege to drive is at stake. These types of charges could involve complex and technical issues, so I urge to your consult an aggressive criminal defense attorney as soon as possible.

Can I get my record expunged?

Answer: Under certain conditions, you can have all records pertaining to your case sealed and made unavailable to the public through a process call expungement. If your case is expunged, no public or private individual can use the records of your arrest and/or trial against you. You can request an expungement:

1. If you were arrested but no charges were filed against you, you may immediately file at police headquarters for an expungement.

2. If you are found not guilty, the charges are dismissed, or the State's Attorneys' Office enters a nol pros. You may not file for 3 years after the disposition unless you file a General Waiver and Release of all legal claims and lawsuits arising from the charge.

3. If you are placed on probation before judgement, you may petition for expungement three years after the date of your trial or when you have been discharged from probation, whichever is later.

4. If your case is placed on the stet docket, you may petition for expungement three years after the date of your trial.

5. If you are convicted of a nonviolent criminal act and are pardoned by the Governor, you may petition for expungement after five years, but no more than ten years, from the signing of the pardon.

6. If you are convicted of a violent criminal act, you are not permitted to petition for expungement.

You are not, however, entitled to an expungement if 1) you were convicted of at least one of the criminal charges, or 2) you have been arrested for a crime other than a minor traffic violation, or 3) you are currently pending trial on criminal charges.