When I say that anyone can find themselves in need of a Maryland defense attorney, I truly mean it. That is because someone you know, or maybe don't even know, can walk into a commissioner's office, put in writing that they were the victim of a crime you committed and you may find yourself labeled a "defendant." All it takes is putting the story in writing, signing your name, raising your right hand and swearing that what you wrote is the truth. The commissioner then reviews what was written and decides whether there is probable cause to issue charges.
Keep in mind that most commissioners are not criminal attorneys. Based on what they decide, you may find an officer or sheriff at your door serving you with papers ordering you to come to court as a defendant. Even worse, you may get pulled over for a broken taillight or minor infraction and find yourself in handcuffs being taken to the police station. If that is the case, you have to endure the entire booking process and then wait to see a commissioner, who will determine the amount of your bail.
Most of these cases involve some sort of relationship between the accuser and the accused, and a large portion of these cases stem from some type of romantic relationship. However, it could also be something as simple as a dispute with a neighbor or someone who dislikes you. So imagine you are ending a romantic relationship with a partner and they are bitter. Then imagine that person being so bitter that they go to the commissioner's office and claim that you assaulted them. There are no witnesses, no one to testify in your defense, and you find yourself having to "prove a negative." While the burden is always on the State, it does not feel like it when you are being accused of something you did not do.
These cases do eventually get reviewed by an attorney in the State's Attorney's Office, some sooner than others. While you wait for an attorney to determine the legitimacy of the claim, you are left in a position where a good Maryland defense attorney is essential. The prosecutor will not discuss the substance of the case with you because you are the defendant. It is your attorney's job to not only discuss the issue with the prosecutor but also begin compiling your defense. Many times, particularly in cases where there was some type of romantic relationship between the parties, the prosecutor takes these claims very seriously and you end up in a trial.
When I explain this process to clients, friends or family, they are always shocked at how easy it is for this to happen. Then I am faced with a variety of questions: "Can I recover the money I spent to hire my lawyer?" or "what happens to the person who wanted to file charges once I am found not guilty or the charges are dismissed?" Unfortunately, there is no good answer to either of these questions. Until there are more protections put in place before the commissioner issues charges, there will remain no good answer.
Colleen Kirby wrote this blog post. Colleen is a Maryland criminal defense attorney, and her office is in Ellicott City. Before entering private practice, she was an Assistant State's Attorney in Howard County. She was in the top twenty-percent of her class at the University of Baltimore School of Law.
