Gaithersburg, MD Criminal Defense Attorney

Accessible Criminal Defense Lawyer Serving Clients in Gaithersburg, MD

Being charged with a crime, however, minor, can be a frightening experience. A lot of people are intimidated by their first court date and worry about saying or doing the wrong thing and getting sent to jail or losing their driver's licenses. Having legal representation can take the fear out of facing your charges. When you have an attorney present in court, she will do most of the talking so you do not need to worry about what to say. A lawyer can present your case in a strategic way to help reduce the impact of your charges.

Diamant Gerstein, LLC is a firm of experienced criminal defense lawyers. We can help with anything from minor traffic offenses like reckless driving to more serious felony assault charges. Our attorneys employ a number of legal defenses and criminal defense strategies to minimize the effect this case is likely to have on our clients' lives. We are available 24/7 and when you call, you will be connected directly to a lawyer.

When Can Criminal Charges be Reduced?

Prosecutors tend to file the most serious criminal charges the facts of the case could reasonably support. Sometimes, this means that the charges filed do not accurately reflect the incident involved. Prosecutors may file charges that are quite harsh even in cases where it is clear that less serious charges would have been more appropriate. In borderline cases, prosecutors will nearly always charge the more serious form of a crime, knowing that the criminal defense attorney will try to negotiate for reduced charges.

For example, if it is not clear whether an assault victim's injuries can legally be considered serious enough to support a first-degree assault charge, the state will usually charge a felony assault. A criminal defense lawyer could then try to have the charges reduced to misdemeanor assault.

The state often does not want to go to trial any more than the defendant does due to the resources a trial requires. This can make prosecutors and judges willing to reduce charges in exchange for a guilty plea. A DUI can become reckless driving, or a felony DUI can be reduced to a misdemeanor.

Plea bargaining also eliminates the risk of a trial. Defendants who go to trial and are found guilty tend to be sentenced more harshly, and can be faced with more serious convictions.

When Can a Case be Dismissed?

Cases are sometimes dismissed for lack of evidence when the state was relying on illegally obtained or faulty evidence This is common in DUI cases. If the traffic stop that led to your arrest was unlawful, any evidence the police would not have found if they had not made a illegal stop can be thrown out. Issues with your blood or breath tests can also lead to vital evidence being excluded.

Assault charges related to domestic violence sometimes fail because the victim will not cooperate. The state's case often relies on the victim's testimony. If a restraining order was issued during your case, it is important to abide by it even if the victim has reached out to you or invited you to come home.

When Trial is Necessary

In some cases, going to trial is the best way to protect your interests. If the state will not back down and offer a plea bargain that is acceptable to you, or if you have a strong legal defense, going to trial may be your best option. Our dedicated attorneys will advise you if you are considering going to trial and are well-prepared to fight for you in court.

Contact a Gaithersburg, MD Criminal Defense Lawyer

Diamant Gerstein, LLC is dedicated to providing the best criminal defense services possible. Our experienced Gaithersburg, MD criminal defense attorneys will do all we can to bring about a satisfactory outcome. Contact us at 301-560-2685 for a confidential consultation.