This blog post was written by Collen Kirby, a Maryland criminal defense attorney. Ms. Kirby is a former Assistant State's Attorney in Howard County. Prior to her work in Howard County, she clerked for the Honorable Joseph F. Murphy who sits on the Maryland Court of Appeals. Colleen received her Juris Doctor from the University of Baltimore School of Law.

In the past few weeks, the phrase I find myself repeating more than anything is "stop talking to the police." Individuals call me with concerns that they may have committed a crime and are afraid they will be arrested. It always follows with, "when the police called me, I told them...."

This is one of the most frustrating things to hear because I wish I had been able to step in earlier. The police are NEVER calling you to give you helpful advice as to how to avoid being prosecuted. Everything you say to an officer will be used against you. And in each scenario, the story is the same...."the police told me I would be better off if I cooperated with them."

In one case, a woman was caught with five pounds of marijuana in her car that she was transporting out of downtown Baltimore for a friend. The police stopped her car, did a K-9 scan, and found the marijuana in her trunk after a search. She was told by the police that she would be charged if she didn't sign a written statement about what she was doing with the marijuana. Scared and put on the spot, the woman signed a written statement explaining that she was paid to drive it from Baltimore to "John Smith." The police left and she called me wondering if she should be worried that she is in trouble. One of the detectives was going to call her next week to get more information. The first thing I told her - stop talking to the police. Their motive was not to help her or look out for her best interest. I told her that if the detective, or any officer, called her again that she should tell them she would be happy to cooperate, but to please conduct all communications through her attorney.

In another case, a gentleman called me worried he would be charged with robbery. He'd gotten caught in a situation where a "friend" told the police the gentleman robbed him. He had been talking to the police about what really happened. Again, the first thing I said to him - stop talking to the police. Every word he told them was going to be used against him in SOME way. Sure enough, I got a call three days later from the gentleman. He found out there was a warrant out for his arrest. Not for robbery, but for First Degree Assault. Apparently whatever he said gave the police probable cause to believe this man had committed assault in the first degree.

Even when it comes to DUIs - you have the right to refuse to perform Field Sobriety Tests when asked by an officer and you have the right to call a lawyer before you decide whether to take a breath test at the police station. USE YOUR RIGHTS!

If you take anything away from reading this, please understand this - the police are not talking to you to help you. They are talking to you to gather evidence. Everything you say to them is being recorded in some fashion and will eventually be used against you. Before you speak to the police, call a lawyer.

This blog post is written by Maryland Criminal Lawyer, Collen Kirby. She received her Juris Doctor from the University of Baltimore School of Law while maintaining a position in the top 20% of her class. Ms. Kirby was a law clerk for the Honorable Joseph F. Murphy Jr. while he was Chief Judge for the Maryland Court of Special Appeals and later after he was appointed to the Maryland Court of Appeals. Before entering private practice, Ms. Kirby was an Assistant State's Attorney in Howard County.

The transition from a Maryland prosecutor to a Maryland criminal defense attorney has been refreshing and rewarding. Upon entering law school, I knew that my passion was criminal law. While working towards my law degree, I spent my spare time working for a criminal defense attorney in Baltimore County. I also took advantage of a program at the University and practiced law as a public defender in Baltimore City. By this point, my goal was to begin my career as a prosecutor, learn the innerworkings of their office, and then transition back into defense work.

When I meet with potential clients, they are usually overwhelmed with the amount of information and paperwork that has been given to them. My familiarity with the process from the time charges are first filed (whether it be by arrest or through the commissioner's office), all the way through trial and sentencing, seems to bring some level of comfort to the people I am working with.

When I worked at the State's Attorney's Office, I participated in several ride-alongs. I had the opportunity to directly observe police actions on the road and gain insight as to "tactics" used to get consent to search, confessions, and other evidence for trial. My experience allows me to explain the tactics police use and relieve some concerns my clients have.

For example, one client said the police told her "it would be better for her if she told them where the drugs were." She believed this and stated it was under the seat. In fact, this made the case much worse for her because now the State can use her statement to prove she knew drugs were in the car. Had she said nothing, it would have been difficult to prove possession, because the car did not belong to her and I could have argued that she had no idea drugs were under the seat.

In another situation, the client told me that she handed her purse to the officer, where he found drug paraphernalia. After asking her a few more specific questions, she told me that it was only after the officer stopped her in a stairwell, searched her pockets, and then said, "now hand me your purse." She felt that she had no choice, and therefore gave the officer her purse. However, he did not ask her permission to search her bag and had already told her to "sit on the curb and not move." All of these details can determine the outcome as to whether the search is legal. Had I not seen these tactics first-hand, I would not have known to ask the client these important questions.

When handling a traffic case, the driver did not know why he was stopped, but told me it was at 2:00 a.m. I know from my experience that officers will look for almost any reason to pull someone over at 2:00 a.m. because the assumption is the driver has been drinking. In court, the officer had to check the back of his ticket before telling me the reason he stopped the car was because the "driver matched the description of the registered owner...who was suspended." Because I have previously argued the legality of this stop several times, in front of several different judges, I know what factors can make this a valid stop. It turns out the only descriptor the officer was actually able to match was sex. Because it was 2:00 a.m., he "believed" the driver to be a white male. And because of how the driver was sitting, the officer "believed" he was approximately 6'3". The case was ultimately dismissed.

One of the other differences that I find rewarding is being able to dedicate my full attention to each case I handle. Prosecutors are in court 2-4 times per week, with anywhere up to 40 cases per day. As a Maryland criminal defense lawyer, I can give my full attention to the client I am there to represent. I have time to get to know my clients on a more personal level. My clients can call me directly, seven days a week, day or night and I will be able to speak to them as soon as I can. By the time we reach a resolution to our case, I feel good knowing I have been able to help these people in their time of need, and hope they will reach out to me again if they need my assistance in the future. It is a much more personal connection.