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.
