Frederick, MD Criminal Defense Attorney

Experienced Criminal Defense Lawyer Serving Individuals in Frederick, MD

When you are charged with a crime, you might feel like you are trapped in a horrible situation you want nothing to do with. Most people do not feel in control when they are facing criminal charges. You may have already lost your freedom temporarily while you waited in jail until you could see a judge and get out on pretrial release. You have been ordered to return to court on a certain date, which you are dreading. Feeling that you are stuck and have no control over the process you are going through is common, but you likely have more options than you are aware of.

Diamant Gerstein, LLC is here to explain the criminal court process and help you understand what choice you have. Our dedicated Frederick, MD criminal defense attorneys will work to assert your rights and fight for the best possible outcome. At our law firm, attorneys answer phone calls personally instead of routing calls to a receptionist or paralegal, so you will always have direct access to your attorney.

Having a Criminal Case Dismissed

One of the best possible outcomes in a criminal prosecution is having your case thrown out of court. If a judge dismisses your case, you can usually have it expunged immediately. When a case is expunged, it is essentially erased from existence and it will be like this never happened.

DUI cases are frequently dismissed after an attorney is able to have critical evidence like the results of a breath test thrown out. Evidence can be excluded from court in cases where the police made a mistake that compromised the results of sobriety tests. Evidence might also be excluded if the police violated your constitutional rights in order to find it. For example, if the police conducted an illegal search, anything they find in the process likely cannot be used as evidence in court.

Fighting for Acquittal at Trial

Going to trial is always a risk, but it can pay off tremendously if you are found not guilty. If you have a strong legal defense or if the evidence against you leaves room for reasonable doubt that you committed the offense you are accused of, going to trial may be in your best interest. For example, if you are accused of domestic violence and can claim self-defense, you may want to go to trial. If you are acquitted, you will be free to go, unburdened by a criminal record and all the problems that can come with a conviction. However, sentencing may be harsher if you are found guilty than if you plead guilty.

When to Consider a Plea Bargain

Agreeing to plead guilty to less serious charges than those you are facing in exchange for a lighter sentence is called a plea bargain. Plea bargaining reduces the risk of harsh sentencing and avoids a trial, but does mean that you will have a criminal record. Accepting a plea bargain strategically might mean that you are sentenced to probation instead of prison or are convicted of a misdemeanor instead of a felony.

For example, suppose you are charged with felony assault and do not want the risk of going to trial because the evidence against you is strong. Your lawyer might be able to negotiate with the prosecutor so that you can plead guilty to misdemeanor assault instead and have your felony charge dismissed.

Courts tend to view pleading guilty to a lesser crime as a way of taking responsibility for your actions instead of using the state's limited resources on a trial in an effort to evade consequences. As a result, judges are generally inclined to offer very light sentencing to people who accept plea bargains.

Contact a Frederick, MD Criminal Defense Lawyer

When you need an experienced and aggressive Frederick, MD criminal defense lawyer, Diamant Gerstein, LLC is here. Our dedicated criminal defense attorneys will do all we can to protect your interests and give you good options during your criminal proceedings. Contact us at 301-560-2685 for a confidential consultation.