Criminal Defense Attorneys for Southern Maryland

We believe your rights matter.

For urgent criminal matters, free consultations are available by calling 301-862-4400.

Our criminal defense attorneys are known for their reliable and effective representation of clients involved in criminal matters.

At Baldwin, Briscoe, Steinmetz & Ohri, we defend clients in Charles, St. Mary’s, and Calvert Counties facing criminal charges. We protect their constitutional rights throughout the legal process. Our law firm has the skills and resources to handle even the most complex criminal cases.

If you’re facing criminal charges, call us to schedule a confidential, no-obligation consultation for your case.

Decades of Experience

With over 35 years of experience in Southern Maryland, we confidently manage criminal cases of any size.

Southern Maryland Roots

Our firm is based in St. Mary’s and Charles Counties, and as members of our community, we value our families, work, and the well-being of our clients.

A Team Approach

When dealing with criminal charges, it is essential to have expert criminal defense attorneys who understand every detail of your case. With our combined experience and diverse expertise, we will ensure you have a winning team on your side.

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Hired Nivea Ohri for a traffic case concerning my dad. She handled matters on time and with professionalism. Put my dad at ease with the worries of jail time. And in the end, we received an Acquittal! Highly recommend Ms. Ohri!! We are very pleased with her service and our outcome!

– Angela M., Charles County, MD

Criminal Defense Cases

DUI/DWI

Baldwin, Briscoe, Steinmetz & Ohri, P.C. has a record of defending clients facing DUI/DWI charges. We know the consequences a DUI/DWI conviction can have on you and your family. Therefore, we thoroughly assess every DUI/DWI charge to determine whether the state’s evidence could support a conviction.

We’ll then show you the necessary steps to avoid a conviction where possible and mitigate any adverse consequences.

Read Further

How do I handle a DUI or DWI traffic stop?

DUI/DWI – Will I lose my driver’s license?

If you have been arrested in Maryland on suspicion of driving under the influence or driving while impaired, you are now facing some very important choices. The steps which you take in the next few days and weeks could have consequences that will affect you for the rest of your life. Your actions could affect whether or not you get to keep your driver’s license, whether you are stuck with a criminal record and potentially affect your ability to get or keep a job or obtain or maintain a security clearance. The experienced attorneys at Baldwin & Briscoe have years of experienced handling DUI and DWI cases and can assist you in mitigating the consequences of an arrest.

There are two components that you will be faced with following a DUI or DWI arrest. The first component is whether or not you will face a suspension of your Maryland driver’s license, or for an out of state resident, your privilege to drive in the State of Maryland. The second component is the criminal case that you will face following your arrest. The information on this page deals only with the potential loss of license. For information about the criminal case, click here.

Test for Chemical Intoxication and Potential Penalties

Under Maryland law, when an officer arrests an individual on suspicion of DUI or DWI, the officer will issue what is referred to as a DR-15 form. At the time of the stop, the driver has to make a decision as to whether or not to submit to a test for chemical intoxication. Maryland law provides that any individual who drives or attempts to drive on the public highways in Maryland, or on private property that is used by the public in general has consented to take a test for intoxication if they are detained by an officer on the suspicion that they are driving or attempting to drive while under the influence of alcohol. This is sometimes referred to as Maryland’s implied-consent statute.

The test consists of a single sample of the driver’s blood or a test of the driver’s breath.

Except in cases where the driver is involved in a motor vehicle accident where there has been a death or life threatening injury, an individual cannot be compelled to take a test for chemical intoxication when stopped, however the consequence of refusal to submit to a test is the loss of your driver’s license. Varying penalties are imposed if the driver is found to have been intoxicated at the time of the stop. The penalties that can be imposed are as follows:

For a test which indicates a blood-alcohol concentration of 0.08 or more, the driver faces a 180-day suspension of his license, regardless of the number of prior offenses on his record. If the stop resulted from a motor vehicle accident which resulted in the death of another person, the license will be suspended for six months for a first offense, and for a second or subsequent offense, the license will be suspended for one year.

For a test which indicates a blood-alcohol concentration of 0.15 or more, the driver faces a 180-day suspension of his license for a first offense and a 270-day suspension of his license for a second or subsequent offense. If the stop resulted from a motor vehicle accident that resulted in the death of another person, the driver faces a one year suspension for a first offense and a revocation of their license for each subsequent offense.

For a test refusal, the driver faces a 270-day suspension for a first offense and a two-year suspension for each subsequent offense.

If the driver is not licensed in Maryland, the state cannot suspend the driver’s license, but will suspend the individual’s privilege to operate a motor vehicle in the state. It is possible that an out-of-state driver will face additional consequences in their home state as well.

If the individual holds a commercial driver’s license and refuse to submit to a test, you will be disqualified from driving any commercial vehicle for one-year following a first offense, and three years for a first offense if you are transporting hazardous materials at the time of your arrest. A holder of a commercial driver’s license who is stopped for a second time will disqualified from holding a commercial driver’s license or commercial instructional permit for life.

An officer who has reasonable grounds to believe that a person is driving or attempting to drive while impaired by alcohol or while under the influence of alcohol is required to do five things at the time of the stop:

The officer is required to detain the individual
The officer is required to request that the individual take a test for chemical intoxication
The officer must advice the individual of the administrative sanctions that may be imposed for a test of greater than 0.08 but less than 0.15
The officer must advice the individual of the administrative sanctions, including the ineligibility for a modification of suspension or issuance of a restricted license unless the person participates in the Ignition Interlock System Program that shall be impose for refusal to take a test, and for test results indicating a blood-alcohol concentration of 0.15 or higher
The officer must advise the person of additional criminal penalties that may be imposed based on the individual’s failure to submit to a chemical test for intoxication
The office must advise the person that a court shall impose participation in the Ignition Interlock System Program as part of the sentence.

If a person refuses to submit to a test for chemical intoxication, or submits to a test revealing a blood-alcohol content of 0.08 or higher, the officer shall:

Will I get to keep my license?

If you are arrested on suspicion of DUI and the officer confiscates your license and issues a DR-15, the MVA will suspend your license if you do nothing. Whether you can prevent this from happening depends on the facts of your individual case and also on the actions you take in the days following your arrest.

Generally, when a person is arrested for DUI, the license suspension is based either on a refusal to submit to a test for chemical intoxication, or that the license submitted to a test which resulted in a blood-alcohol concentration of .08 or more at the time of testing.

It is generally advisable to request a hearing to contest the suspension of your license after you have been arrested. You may continue to drive on the temporary license during the 45 days following your arrest. To avoid the risk of getting suspended prior to your case being heard, you must make sure that your hearing request is postmarked within ten (10) days from the date of your arrest. Further, make sure that you fill out the hearing request completely and pay the appropriate fee.

Upon request you will get a hearing before an administrative law judge (ALJ). Although your hearing will usually take place in a Maryland MVA facility, the ALJ is not employed by the MVA and will evaluate your case independently. Unlike when you go to court, the MVA does not send a representative to the hearing. At your hearing, the only persons that will be present are the ALJ, you, and your attorney. The MVA submits their case against you with paper documentation only. If there is a dispute, however, between what the officer’s papers state and your testimony, the ALJ has the right to continue the hearing to subpoena the state’s witnesses to testify. The ALJ will look at seven issues in determining whether or not you get to keep your license. These are as follows:

Whether the officer had reasonable grounds to believe that you were driving or attempting to drive while under the influence of alcohol, while impaired by alcohol, or while impaired by any drug or combination of drugs such that you could not operate your vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of the alcohol restriction imposed on drivers of commercial vehicles.
Whether there is evidence that you used alcohol, drugs, or some combination of drugs and alcohol, or a controlled dangerous substance.
Whether the police officer requested that you take a test and fully advised you of the possible administrative sanctions for failure or refusal
Whether you refused to take the test
Whether you drove or attempted to drive a vehicle with a blood alcohol content exceeding .08 at the time of testing.
Whether you drove or attempted to drive a vehicle with a blood alcohol content exceeding .15 at the time of testing.
If your hearing involves the disqualification of a commercial driver’s license, whether you were operating a commercial vehicle or held a comical instruction permit or a commercial driver’s license.

The law provides that after a hearing, the administration shall suspend the person’s driver’s license if all of the following conditions are met:

The police officer had reasonable grounds to believe that the licensee was driving or attempting to drive while impaired by alcohol or while under the influence of alcohol, or impaired by a drug or combination of drugs to the extent that the person could not operate a vehicle safely, while impaired by a controlled dangerous substance, in violation of an alcohol restriction, or in violation of the alcohol restriction imposed on drivers of commercial vehicles.
There is evidence of use by the person of alcohol, drugs, a combination of drugs, a combination of drugs and alcohol or a controlled dangerous substance
The police officer requested that the person submit to a test for intoxication after fully advising the person of their rights and the administrative sanctions
The person refused to take a test or submitted to a test with a result of a BAC over .08

You will be disqualified from driving a commercial motor vehicle if you are detained while operating a motor vehicle or while holding a commercial instructional permit or commercial driver’s license; the officer who stopped or detained you had reasonable grounds to believe that you were driving or attempting to drive while under the influence of alcohol or while impaired by alcohol, or while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol, or while impaired by a controlled dangerous substance, in violation of an alcohol restriction or while in violation of the alcohol restrictions imposed on drivers of commercial vehicles.

What if my license gets suspended?

If your license is suspended, and you meet the legal requirements, you will have the opportunity to participate in Maryland’s Ignition Interlock Program. To participate in the program, you must surrender your Maryland driver’s license to the MVA or sign a statement certifying that the license is no longer in your possession. Only drivers whose licenses are not currently suspended, revoked, cancelled or refused may participate in the program.

To participate in the program, you must elect to do so in writing. The length of the program is 180 days for a first offense if your BAC was 0.08 or more, but less than 0.15; one year for an offense in which the BAC was 0.15 or more and one year if you refused to take the BAC test.

If your BAC was at least 0.08 but less than 0.15 and you do not elect to participate in the Ignition Interlock Program, you may seek a modification of your suspension through the MVA. The MVA may modify your suspension if it finds that you are required to drive a motor vehicle in the course of employment; that you are required to drive a motor vehicle for the purpose of attending an alcohol prevention or treatment program; that you have no alternative means of transportation available to and from your place of employment and, without a license, that your ability to earn a living would be severely impaired; that a license is required for the purposes of obtaining health care treatment for you or an immediate family member and no alternative means of transportation is available; or that you are required to have a license to attend a non-collegiate educational institution as specifically defined by statute.

If you are required to participate in the Ignition Interlock System Program and you fail to successfully complete the program, the MVA will suspend your license or driving privilege for the maximum period allows by law depending on the triggering violation.

The attorneys at Baldwin & Briscoe have years of experience handling MVA hearings. We can evaluate your case and go over your options with no cost or obligation. We offer a free consultation for DUI matters. The information contained on this page is provided as general information and does not constitute legal advice. The experienced attorneys at Baldwin & Briscoe, P.C. can assist you if you are facing a suspension of your driver’s license, a DUI, a DWI, or other criminal charges. Call today to schedule your free, no-obligation, in-office-consultation for any driver’s license suspension hearing or driving-related criminal charges.

DUI/DWI – Going to Court

In 2013, more than 23,000 people were arrested in Maryland on suspicion of driving under the influence of alcohol. In 2014, Olympic swimmer Michael Phelps was arrested for DUI. As an attorney who has represented clients charged with DUI and DWI offenses in Maryland for many years, we see people come in from all walks of life. Getting pulled over and arrested for drunk driving can be a scary situation. As experienced advocates, we are here to assist you in protecting your rights, making sure that you are treated fairly and mitigating the damage that a DUI or DWI charge will have in your life. Even if you have committed the offense, there is much that an experienced attorney can do to help you. The scope of this article will cover what to expect when you go to court. For more information about what happens before court, read our other articles: Handling a DUI/DWI Stop and Will I lose my Driver’s License?

What is the difference between a DUI and a DWI? While the terms “driving under the influence” and “driving while impaired” may be used interchangeably by the public, they are separate and distinct terms when it comes to the law. The difference between a DUI and DWI has to do with the amount of alcohol that is in a person’s bloodstream. This is referred to as the persons blood-alcohol content (BAC). Both crimes are misdemeanors in Maryland. Of the two offense, the DUI is more serious. For a first time offender, a DUI carries a maximum penalty of a $1,000 fine and one year in jail. A DWI on the other hand is punishable by a $500 fine and two months in jail. A DUI conviction will result in 12 points assessed against the defendant’s Maryland driver’s license. A DWI will result in 8 points being assessed.

Driving under the influence of alcohol (DUI) is the more serious crime. It requires that the alcohol the person has consumed has substantially impaired the person’s normal coordination. A BAC of .08 (g alc/100 ml blood or g/alc 210 ml breath) or higher creates a permissive inference that the driver was under the influence of alcohol at the time of driving. While the BAC is the most common way that the state will secure a conviction, evidence other than a blood alcohol or breath alcohol test may be used to support a conviction.

In the absence of a test for BAC, the state must prove that the defendant consumed alcohol prior to driving. Evidence of alcohol consumption may include the odor of an alcoholic beverage on the defendant’s breath, the appearance of four out of six clues or greater on the horizontal gaze nystagmus test, or an admission by the defendant that he was drinking.

Driving while impaired by alcohol (DWI) is a lesser-included offense to DUI. Proof of DWI requires that the state prove only that alcohol has impaired the person’s normal coordination to some extent.

Depending on whether the defendant submitted to a blood-alcohol test, the state may or may not have the results of a test for intoxication to present as evidence. If the defendant has submitted to a test, the results of that test may be used as evidence in the case. There is a presumption for a test result of less than .05 that the person is not under the influence and not impaired.

If the test results exceed .05 but are less than .07, there is no presumption, however the evidence of the alcohol content may be considered by the judge or jury, along with other evidence in the case, to determine whether the person was driving while impaired or driving under the influence.

A result between .07 and .08 creates a prima facie case that the person was driving while under the influence. A result of .08 or more creates a permissive influence that the driver was operating the vehicle under the influence per se. The defendant is free to argue that the test results are unreliable or that the test results do not reflect the amount of alcohol in the blood at the time of driving.

If the defendant has drugs or medication in their system, there is also a possibility of conviction for driving while under the influence of drugs or drugs and alcohol. This offense, which does not necessarily require the state to prove the presence of alcohol, although that may be a contributing factor, carries a maximum penalty of two months in jail and a $500 fine, as well as eight points on the driver’s license. A separate crime exists where a person is driving while impaired by a controlled dangerous substance. This would be a substance that is banned or available only by prescription. This offense carries a penalty of one year in jail and a $1,000 fine and the possibility of twelve points.

Was the Defendant driving?

While in most arrests, the question of whether the defendant was driving is a non-issue, it does crop up from time to time. Under the Maryland code, driving is defined as follows:

“Drive” means to drive, operate, move, or be in actual physical control of a vehicle, including the exercise of control over the steering of a vehicle being towed by a motor vehicle.

The question of whether the defendant was driving usually comes up when an officer finds the driver asleep in the vehicle or passed out. Maryland has adopted what some courts refer to as the “shelter doctrine.” This allows an intoxicated individual to use the vehicle as shelter or “sleep it off”, but prohibits operation of the vehicle in an impaired or intoxicated state. Whether the person operated the vehicle is usually proven through circumstantial evidence. The factors used to determine whether the defendant was in actual control of the vehicle include: (1) whether or not the vehicle’s engine was running, or the ignition on; (2) where and in what position the person is found in the vehicle; (3) whether the person is awake or asleep; (4) where the vehicle’s ignition key is located; (5) whether the vehicle’s headlights are on; and (6) whether the vehicle is located in the roadway or is legally parked.

Evaluating your case. When you meet with us, we will thoroughly evaluate your case. We conduct appropriate discovery under the Maryland Rules and, together with the information provided by you, work diligently to obtain the best result for you. We evaluate each case to determine whether the state can prove each and every element of the charges. We will then discuss the case with you and explain the evidence and answer your questions. We can usually give you a good idea of what to expect when you go to court based on our experience.

Mitigating the Damage. In the event that the evidence provided by the state is sufficient to support a conviction, the defendant will usually choose to enter a plea. We work hard to negotiate the best possible plea for you given the evidence in your case. In many cases we are able to get the most serious charges dismissed. When a defendant enters a plea on a less serious offense, it limits the ability of the court to impose a sentence. For example, if a client is charged with a DUI, but we negotiate a plea to a DWI, that reduces the potential exposure from $1,000 fine/1 year jail and 12 points to $500 fine/2 months jail and 8 points. In many circumstances we are able to reduce or eliminate active jail time entirely. Most individuals facing a first-time DUI offense will not face active jail time.

An important component of a DUI/DWI case is going to be the lasting impact in terms of both the criminal record and the driving record. Where an individual is arrested for a DUI or DWI for the first time, our goal is to secure a probation before judgment. Where a defendant receives a probation before judgment from the court, no conviction is entered which means that the defendant avoids getting a criminal record and also avoids the offense from appearing on their driving record. Since the offense does not appear on the record, there are no points imposed.

There are many factors that the court will take into consideration when deciding on a request for probation before judgment. These include the defendant’s prior record, the nature of the offense and the steps that the defendant has taken to show remorse and responsibility for his or her behavior. We encourage our clients to immediately obtain an alcohol assessment from a local provider as well as enroll in any classes or treatment program that is recommended. Taking these steps prior to going to court puts our clients in the best position to obtain a probation before judgment from the court. When the court grants a probation before judgment, it is generally conditioned upon the completion of any recommended classes or treatment.

The attorneys at Baldwin, Briscoe, Steinmetz & Ohri, P.C. have years of experience handling DUI and DWI cases. We can evaluate your case and go over your options with no cost or obligation. We offer a free consultation for DUI matters. The information contained on this page is provided as general information and does not constitute legal advice. The experienced attorneys at Baldwin & Briscoe, P.C. can assist you if you are facing a suspension of your driver’s license, a DUI, a DWI, or other criminal charges. Call today to schedule your free, no-obligation, in-office-consultation for any driver’s license suspension hearing or driving-related criminal charges.

Driving On a Suspended License

Our firm regularly represents clients with a Driving On a Suspended License charge. Many people don’t realize that driving on a Revoked or Suspended License carries a potential 60-day or one-year jail sentence and fine. In addition, having a traffic/criminal conviction on your record can severely limit employment possibilities.

Baldwin, Briscoe, Steinmetz & Ohri can help you resolve a Driving on a Suspended License charge. In many cases, we can negotiate with the State’s Attorney to avoid a conviction, and you may not have to plead guilty to any offense.

Read Further

An Overview of Driving on a Suspended License in Maryland

Assault

An assault charge is a serious matter that can affect your rights, your employment, and even your freedom.

If you or a family member has been accused of assault, an experienced criminal defense attorney must handle your case appropriately. Any assault case can involve serious jail time or felony charges.

Read Further

Criminal Assault in Maryland

The crime of assault is one of the most common criminal charges that we see at Baldwin & Briscoe, P.C. Assaults come in two degrees, First Degree Assault, which is a felony, and Second Degree Assault, which is a misdemeanor. We see many more second degree assault charges than first degree assault charges.

Second Degree Assault

There are three different types of assaults, or fact scenarios under which the state may charge a defendant with the crime of second degree assault, under Maryland law. While there is only one crime, the state has several different ways by which it can attempt to secure a conviction.

Intent to Frighten – An Intent to Frighten type assault requires that the state prove three elements, and sometimes a fourth, depending on the evidence.

The state must prove that the defendant committed an act with the intent to place the victim in fear of immediate physical harm or offensive physical contact;
The state must prove that the defendant had the ability at that time, to bring about the offensive physical contact or physical harm; and
The state must prove that the victim reasonably feared immediate offensive physical contact or physical harm.
[Depending on the case] Only when the evidence suggests the possibility of self-defense, then the state must also prove that the defendant’s actions were not legally justified.

Attempted Battery – An attempted Battery assault requires the state to prove three elements:

That the Defendant actually tried to cause immediate offensive physical contact or physical harm to the victim.
That the defendant intended to bring about offensive physical contract or physical harm; and
That the defendant’s actions were not consented to by the victim and were not legally justified.

Battery – A Battery assault requires the state to prove three elements:

That the defendant caused offensive physical contact with or physical harm to the victim;
That the contact was the result of an intentional or reckless act of the defendant and was not accidental; and
That the contact was not consented to by the victim and not legally justified.

First Degree Assault

In order to prove the crime of First Degree Assault, the State must prove all of the elements of second degree assault, and must also prove that either the defendant used a firearm to commit assault; or that the defendant intended to cause serious physical injury in the commission of the assault.

Penalty

The criminal penalty for a second degree assault charge is imprisonment not exceeding 10 years or a fine, not exceeding $2,500, or both.

The penalty for a first degree assault charge is imprisonment not exceeding twenty-five years.

Defenses

There are several affirmative defenses that may be available to a defendant who is charged with assault. An affirmative defense is a justification for the conduct. It says to the court that “Even though I did what I’ve been charged with, I should not be found guilty of a crime because I was justified in doing it.” The law provides several legal justifications for committing an assault. Where an affirmative defense is raised, the state has the burden of proving, beyond a reasonable doubt, that the defense does not apply. This means that the state must prove that at least one of the factors, identified below, for whatever defense is raised is absent.

Self-Defense

Self-defense is a complete defense to the crime of assault. The judge or jury must find the defendant not guilty if four factors are present:

The defendant was not the aggressor
The defendant actually believed that he or she was in imminent danger of bodily harm
The defendant’s belief was reasonable; and
The defendant used no more force than was reasonably necessary to defend him or herself in light of the threatened or actual harm.

Defense of Others

Similar to Self-defense, a person may raise the defense that he was acting to protect one or more other persons. The defendant is not guilty if four factors are present:

1.The defendant actually believed that the person he or she was defending was in immediate and imminent danger of bodily harm;
2.The defendant’s belief was reasonable;
3.The defendant used no more force than was reasonably necessary in light of the threatened or actual force; and
4.The defendant’s purpose in using force was to aid the person he was defending.

Defense of Habitation

A person may use deadly force to defend their home under some circumstances. In order to have a valid defense, all five of the factors listed here must be present.

Someone entered or attempted to enter the defendant’s home;
The defendant believed that the intruder intended to commit a crime that would involve an imminent threat of death or serious bodily injury.
That the defendant reasonably believed that the intruder intended to commit such a crime.
The defendant believed that the force that he or she used against the victim was necessary to prevent imminent death or serious bodily harm; and
The defendant reasonably believed that such force was necessary.

Defense of Property

A person may use reasonable, non-deadly force to defend their property. Three factors must be present for this defense to apply.

The defendant actually believed that a person was unlawfully interfering, or was just about to unlawfully interfere with his property;
That the defendant’s belief was reasonable; and
The defendant used no more force than was reasonable necessary to defend against the victim’s interference with the property.

Privileges

In some cases, the state charges more than one person with an assault arising out of the same incident. These cases, among others, present the possibility of securing an acquittal by means of raising a testimony privilege. There are two types of privileges that are commonly asserted in assault cases. It’s important to note that a privilege belongs to the witness/victim, not to the defendant. The defendant cannot force a person to exercise their privilege, but can benefit if they choose to do so.

Spousal Privilege: The spouse of a person on trial for a crime may not be compelled to testify as an adverse witness in an assault case. This privilege may only be used one time. Therefore, if the defendant is facing a second or subsequent trial for assault and the spouse previously invoked the privilege, the court can compel them to testify in the later case.

Fifth Amendment Privilege: A person may not be compelled to testify in violation of his privilege against self-incrimination. This is typically seen where two or more people are arrested for assault and each is subpoenaed to testify in the other’s cases. The danger being that once one person testifies, whatever statements they make can be used in the trial against them. Any person who is called to testify in a criminal case, who, by reason of their own conduct faces the possibility of criminal charges, whether or not those charges are pending, should serious consider exercising their Fifth Amendment Privilege and not testify.

Mitigation

There are some cases where the state will be able to meet its burden of proof with respect to the elements of assault. There are other cases where there is a strong likelihood that the state will do so. In these cases, it is often in the best interest of the defendant to enter into a negotiated plea with the state, rather than taking the case to trial. If the defendant does not want to take the case to trial, there are two general alternatives that are commonly available to defendants. Which options is available in any particular case depend on many factors, including the facts of the case, the prosecuting attorney and the defendant’s prior criminal record.

The case may be placed on the “stet” docket
If the state’s attorney agrees, a defendant’s case may be put on the stet or inactive docket. Placing a case on the stet docket acts as an indefinite postponement of the case. Placing the case on the stet docket means that the defendant does not have a conviction. A case that has been placed on the stet docket will be eligible for expungement. Usually a defendant must wait three years to obtain an expungement. Sometimes a case is placed on the stet docket with conditions. A defendant may have to make a donation, attend counseling, pay restitution, or take some other action in order for the case to remain on the stet docket. In assault cases, a common condition of having a case put on the stet docket is that the defendant attend and successfully complete an anger management program. In some cases, the state will require, as part of the agreement that the defendant have no contact with the victim.
The defendant may be offered a plea agreement
In many cases, the defendant is not offered a stet and the case is not a good one to take to trial. The evidence of assault may be significant and not favorable to the defendant. This may be the case where the defendant has previously had a case put on the stet docket, or where the injuries sustained by the victim are severe.

In a first degree assault case, if the state is going to offer a deal, they will generally offer a plea to second degree assault. In a second degree assault case, the plea offer will usually be to second degree assault or reckless endangerment. Generally when a defendant takes a plea deal, there is some benefit to the defendant in doing so. In many cases, the defendant agrees to plead to a crime that is less severe than what he may be convicted of if the case goes to trial. In some cases, the state may only offer a plea to the more serious crime that has been charged. Nevertheless, it may, in some circumstances be to the defendant’s benefit to accept a plea.

When a defendant accepts a plea, the state’s attorney will read facts to the judge that the state would have offered as evidence at trial. In some cases, the state will agree to withhold certain facts. This is one reason why a plea may be advisable in some cases, even without a reduction in charges. For instance, if the state agrees to state “the defendant punched the victim numerous times” rather than “the defendant punched the victim seventeen times in the face breaking the victim’s nose and knocking out three teeth”, it will greatly benefit the defendant in the case. While this example may see a little extreme, there are many times when the defendant has done something that he does not want to have on the record as part of the plea.

If you are facing an assault charge, you may want to consider enrolling in an anger-management class prior to going to court. This can help in both your negotiation with the state and when your case goes before the judge.

The attorneys at Baldwin & Briscoe have handled many assault cases. We are familiar with the prosecutors and judges. If you come in for a consultation, we’re happy to discuss your case, the evidence, the defenses, and the possible and likely outcomes with you. We may also be able to recommend steps you can take prior to trial to help get the best outcome.

The information contained on this page is provided as general information and does not constitute legal advice. The experienced attorneys at Baldwin & Briscoe, P.C. can assist you if you are facing criminal charges. There is no consultation fee for criminal matters. Call today to schedule a free consultation

Motor Vehicle Administration (MVA) Hearings

Our attorneys are very familiar with the MVA hearing procedures and Maryland transportation law. As a result, we can help you avoid losing your license in most cases. We have su