Legal Question in Criminal Law in Maryland

Should I hire a lawyer or get a Public Defender?

I was arrested when a bag of marijuana was found in my vehicle. I just turned 18 and this is my first offense. I was never read my miranda rights or given a phone call during the 15 hours I was in custody. I wasn't told what I was charged with until the commissioner released me on PR. I would like to get Probation Before Judgment so I can get a fresh start. I was charged with possession of marijuana with a 1 year/$1000 fine max penalty. I have registered at college and secured a job before my trial date. Can I contest my treatment (not being read rights, etc.) or plead guilty? Should I seek a lawyer or a public defender to handle my case? How can I get PBJ? I know I need to discuss this with a lawyer personally but I would appreciate your input.


Asked on 4/21/02, 7:38 pm

3 Answers from Attorneys

Re: Should I hire a lawyer or get a Public Defender?

Like everything in life, you get what you pay for. The problem with the Public Defender is that they are so overworked that they might have difficulty giving your case the attention a private attorney can. The issue in all seizure cases is "can the State prove probable cause by the police to stop and search your vehicle?" Your attorney will advise you if you should plead guilty. As a general rule, I make the State prove their case, you would be suprised how many times they can't with an aggressive lawyer. A not guilty is much better than Probation Before Judgment. Don't wait to weeks before trial to get a lawyer. Do it now. Give the lawyer adequate time to prepare your case.

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Answered on 4/22/02, 3:19 pm
Scott Athen, Esquire Law Offices of Scott C. Athen, P.C.

Re: Should I hire a lawyer or get a Public Defender?

You should definately speak with an attorney - either private or public defender (the Public Defender usually requires you contact them at least 2 weeks prior to your court date). Feel free to look at my website AthenLaw.com for more information.

Scott Athen

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Answered on 4/21/02, 7:41 pm
Richard Winelander The Winelander Law Group

Re: Should I hire a lawyer or get a Public Defender?

You should hire a lawyer or apply for a public defender. If you did not confess it really doesn�t matter if you were read your rights. if this is your first offence you can get probation before judgment.

However before you plead guilty you should explore, at least, 2 more things. 1: why was your car stopped and how and where was the pot found. Does the County you are in have a diversionary program?

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Answered on 4/22/02, 10:41 am


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