Criminal Defense Blog in Clinton

6

May 2021

Which Field Sobriety Tests Are Used in Washington, D.C.?

Maybe you’ve heard of the walk-and-turn, the one-leg stand, or other tests like reciting the alphabet backward or the finger-to-nose, where you have to close your eyes and touch your index finger to your nose while tilting your head back. These and other field sobriety tests have been used by law enforcement officers for decades to determine whether a DUI/DWI suspect is under the influence of ...

Posted By Gracia & Mintz

15

Mar 2021

How to Get a Hardship License in Maryland After a DUI

If you’ve been convicted of driving under the influence ( DUI ), you'll likely have your driver’s license suspended. A suspended driver’s license can make it difficult to get to work, go to the grocery store, or accomplish other vital daily tasks. Thankfully, it's possible to obtain a hardship license or a limited driving privilege that will allow you to get to and from work, school, or medical ...

Posted By Gracia & Mintz

22

Feb 2021

Do I Need an Attorney If I'm Pleading Guilty?

When you are up against criminal charges , the pressure to plead guilty can be motivated by many things. You may believe that your guilt is a foregone conclusion and the accusation alone is enough to stain your reputation. You may have been told by law enforcement that your cooperation will lead to a lesser sentence. You may worry about the cost of hiring a lawyer. The truth is, regardless of what ...

Posted By Gracia & Mintz

15

Jan 2021

The Right to a Speedy Trial in the Time of COVID-19

As COVID-19 cases continue to rise in Maryland, DC, and throughout the nation, the criminal justice system continues to face unprecedented challenges. Adaptations have been made to avoid a complete halt of operations, but there is one major function the court has not been able to resume safely: jury trials. While the vaccine provides a glimmer of hope, the rollout has hit a few snags, and it is ...

Posted By Gracia & Mintz

11

Nov 2020

What Is Maryland’s 4th Degree Sex Offense Charge?

Sex offense of the fourth degree is one of the most common sex crime charges in Maryland. It’s also one of the few sex crime charges that is a misdemeanor. However, a misdemeanor sex offense charge still has massive ramifications for the accused. For instance, even if the case is dropped, a defendant may find their reputation irreparably harmed, their career destroyed, and their personal ...

Posted By Gracia & Mintz

21

Oct 2020

What Is a “Terroristic Threat” in Maryland?

Terroristic threats, like assault, do not require the actual committing of a terrorist act in order to be criminally charged. Credible threats of mass violence, whether written or verbal, put incredible strain on government resources, cause psychological harm to those in fear for their lives, and can result in real damage—regardless of whether a terrorist act takes place. So what is the difference ...

Posted By Gracia & Mintz

13

Sep 2020

What Is a Deadly Conduct Charge?

What is Deadly Conduct? Deadly conduct is any behavior that puts another person at serious risk or imminent danger of severe injury. It is not typically charged on its own but is instead included as a lesser offense in assault or aggravated assault cases . In situations, for instance, where you were accused of assault, the prosecutor might get you to accept a plea deal in exchange for only ...

Posted By Gracia & Mintz

29

Aug 2020

What Is Sex Offender Registration in D.C.?

When people are convicted of a sex offense, the court will require them to register their information with the Sex Offender Registry. This registry is an up-to-date record of sex offenders in the District of Columbia and their addresses. The registry is publicly accessible, meaning any person can look up a defendant’s registration status. One of the harshest consequences of a sex crime conviction ...

Posted By Gracia & Mintz

20

May 2020

How Many Points for Exceeding the Speed Limit by 10 MPH?

Maryland’s point system for speeding tickets is based on how far over the limit you were speeding. The faster you were going, the higher your fine and the more points will go on your record. If you contributed to a collision while speeding, your speeding ticket will include enhanced points and fines. If you exceed the speed limit by: 1-9 miles per hour: 1 point and $80 fine 10-19 miles per hour: 2 ...

Posted By Gracia & Mintz

21

Apr 2020

Is It Legal to Own a Gun in Washington, D.C.?

D.C. Gun Laws - Can You Own a Gun in D.C.? In general, it’s legal to own a gun in the District of Columbia. However, there are a lot of caveats to that, so make sure to keep reading. For one thing, only certain firearms are eligible for registration in D.C. Rifles, shotguns, revolvers, and handguns qualify for registration, but the Metro PD has singled out certain firearms for being prohibited. ...

Posted By Gracia & Mintz

16

Mar 2020

Are All Crimes in Washington, D.C. Federal Crimes?

This is a question we hear a lot as Maryland defense attorneys: "since Washington, D.C. is a federal territory, does that mean all crimes committed in D.C. are federal crimes?" The short answer is no . Here's the long answer: while all federal law enforcement agencies have jurisdiction within the District of Columbia, they will often not involve themselves in crimes that don't involve their ...

Posted By Gracia & Mintz

20

Feb 2020

Why Am I Charged with Assault for Defending Myself?

Assault is often misunderstood as a criminal charge—for instance, in Maryland, assault charges come in two forms: first-degree assault, which is a felony, and second-degree assault, which is a misdemeanor. Because of the way assault is defined, people can be charged with assault as a result of circumstances outside their control. Assault vs. Self-Defense For example, there was once a woman who was ...

Posted By Gracia & Mintz

16

Dec 2019

Should You Talk to Police Without a Lawyer?

If you or your loved one were arrested and are being charged with a crime, it is vital to have an experienced attorney on your side before talking to the police. When confronted with police officers, people often feel the need to speak to police officers because they think it will help them get out of the situation. However, this is far from true. Whether a person is innocent or guilty of the ...

Posted By Gracia & MIntz

24

Dec 2018

What Happens When I Get Pulled Over Driving with a Suspended License?

Penalty for Driving With a Suspended License in MD In Maryland, the penalties for getting pulled over with a suspending license vary depending on why your license was suspended in the first place. At a minimum, you may get 60 days in jail, a $500 fine, and carry 3 points on your driving record. This is called the “H” charge. The more serious penalty, called a “C” charge, carries up to 12 points, ...

Posted By Gracia & Mintz

23

Jun 2016

What You Should Know After a Domestic Violence Charge

Domestic violence is a serious charge with harsh consequences. Under Maryland family code § 4-501, domestic violence is defined as any instance where one family or household member commits an abuse against another. The state includes current or former spouses, blood relations, parents and step-parents, marriage, or current residents as family or household members. The law articulates the following ...

Posted By Gracia & Mintz

10

Dec 2015

Do I Need a Criminal Defense Attorney If I'm Innocent?

So, you’ve been arrested for a crime you haven’t committed. You’ve seen TV shows—you know that you have the right to an attorney, and that what you say can be used against you in a court of law. But you’re innocent! If you didn’t commit the crime, you won’t need a criminal defense lawyer. Perhaps you cooperated with the police, answered the questions they had, and found that the District Attorney ...

Posted By Gracia & Mintz

10

Aug 2015

Gracia & Mintz Featured on Fox News

Our attorneys, Erick Gracia and Camara Mintz, were recently invited to appear on Fox News to discuss the recent rash of police shootings around the country. As a former Deputy Sheriff and current defense attorney, Attorney Mintz is uniquely qualified to speak on this disturbing trend. Attorney Gracia also shared perspective from his unique legal background. Although our lawyers did not wish to ...

Posted By Gracia & Mintz

11

Aug 2014

What Should I Do If I'm Arrested?

Being arrested can be incredibly scary and you may not know what rights you are entitled to during this process. To ensure your case goes as smoothly as possible, we at Gracia & Mintz have collected the following information for your benefit. This way, you can know what to expect, what your rights are, and what you should do if you ever find yourself in this situation. Knowledge is power, and the ...

Posted By Gracia & Mintz

Serving Maryland & Washington DC