Legal Question in Criminal Law in Maryland
On Jan. 26, 2010, I received a summons from the State of Maryland listing me as the defendant. I am to appear in court April 14, 2010. No charges are listed. Does this delay mean the charges are civil in nature and not criminal? If criminal, wouldn't the police have come to arrest me for something?
I have severe learning disabilities and I depend on my mother to "translate" and "explain" what I mean. In addition to a lawyer, I need my mother to be with me. Do you think this is possible.
4 Answers from Attorneys
You do not necessarily have to be arrested for a criminal charge to go forward. At some point, you should have received a statement of charges, or something that enumerates what you are accused of. I would strongly recommend that you consult with an experienced criminal attorney well in advance of the court date. An attorney can assist you in explaining the charges and potential penalties, explore potential defenses, etc. Your mother can accompany you to court, but cannot represent you or stand at the trial table with you unless she is an attorney.
You likely have a criminal sumons. You will be served with the charges. You should consult with an attorney ASAP to confirm.
Most likely, you will either be contacted by the police prior to April 14th and asked to come to the police department to receive your charge papers and sign a summons, or on April 14th you will be served with your charge papers in court. If you go to the police department you have the right to remain silent about the alleged facts and your side of the story. You may simply identify yourself for the purpose of service, receive your papers, and leave. If you receive service in court, you likewise have the right to remain silent about the case, and you may request a postponement to consult with an attorney. If you have difficulty communicating, you should take someone with you should take your mother.
Most importantly, you should seriously consider having an attorney represent you before you do anything. An attorney can help you get information about the case, advise you about how to proceed, and advocate for you. I offer a free initial consulation.
Not all criminal charges result in an arrest. However you should have received your charge papers. If not, go to http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp and put in your name to find out what charges have been placed. Consult with a criminal lawyer, like myself, on how to defend against the charges.
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