Legal Question in Criminal Law in Maryland

Re: MIP Questions

You may have a defense, however, you need to retain an attorney to review all the facts and circumstances. The factual situation that you provide is rather complex. Whether your rights were or were not violated in a particular situation depends upon what happened.

If I had to guess, I would imagine the police officer would testify that when they came to the party, they were simply doing an "informal investigation", that no one was "in custody", and they were just responding to a complaint. They asked attendees such as yourself for "voluntary cooperation", and you were gracious enough to provide it. I.e., they asked you to take the test, and you voluntarily agreed to do it. You were always free to decline to take the test, or leave entirely...right? Well, that's how the police may try to frame the issues. If you're not "in custody", then you are not under "custodial interrogation".

Consult an attorney.

Re: MIP Questions

Without giving you any "legal advice" which requires detailed information and initiation of attorney-client relationship (which we have not done)- It sounds like you may have some defenses. There is a MD law requiring a special advice of rights form to be signed under certain circumstances prior to a brethlz'r test. You did not say you were arrested, but that you were only given a "citation." Were you taken into the Station and given the brethalizer OR were you only given the "preliminary breath test" (PBT) which is the mobile unit officers carry in their squad car? The PBT is normally NOT admissible anyway. With respect to your questions regarding the gathering of evidence, there are different rights which may be relevant: (i) the right not to be coerced into providing testimonial evidence after being put into "custody" reasonably indicating "formal arrest"; (ii) the right not to involuntarily give evidence, (iii) the right to counsel under the 5th Amendment (prior to being interrigated- if invoked); and (iv) the right to counsel under the 6th Am.- once formal charges are filed. I need more information to decide if there were any violations of these or other areas. Under the first area, only testimonial evidence is would be excluded not physical evidence. Furthermore, under the Miranda rights, there is no "fruits" analysis and physical evidence is not excluded. However under the voluntaryness analysis, there is a "fruits" analysis and all evidence is excluded not just the statement or confession. Furthermore, under the voluntaryness analysis no formal custodial arrest is required. In MD the State must affirmatively prove that there were no improper promisses or threats - here the defendant must assert "rights under the common law. under The right to counsel analysis arrises under two areas: one is once you were charged and given the citation - the other prevents further interrigation w/o a lawyer once you invoke your right to counsel. The accused must invokethe right to counsel, not the lawyer. Also in MD ther is a Public Defender statute which entitles people to an attorney which may be used to exclude evidence (this has been applied to EVERYONE by the MD Court of Appeals based upon Due Process). NEEDLESS TO SAY THIS IS ONYY THE TIP OF THE ICEBERG and very complicated for a non-attorney and even some attorney's to decifer. This is a general cursory analysis which I answered in 5 minutes. This is not legal advice. YOU NEED A LAWYER. If ANYONE contacts you, invoke your right to silence and your right to an attorney-do not give any statements, etc. You can contact my office at (301) 279-8773. (Our flat fee for a charge of possession of alcohol by a Minor (in the Dist. Court) is $650).

Re: MIP Questions

Without giving you any "legal advice" which requires detailed information and initiation of attorney-client relationship (which we have not done)- It sounds like you may have some defenses. There is a MD law requiring a special advice of rights form to be signed under certain circumstances prior to a brethlz'r test. You did not say you were arrested, but that you were only given a "citation." Were you taken into the Station and given the brethalizer OR were you only given the "preliminary breath test" (PBT) which is the mobile unit officers carry in their squad car? The PBT is normally NOT admissible anyway. With respect to your questions regarding the gathering of evidence, there are different rights which may be relevant: (i) the right not to be coerced into providing testimonial evidence after being put into "custody" reasonably indicating "formal arrest"; (ii) the right not to involuntarily give evidence, (iii) the right to counsel under the 5th Amendment (prior to being interrigated- if invoked); and (iv) the right to counsel under the 6th Am.- once formal charges are filed. I need more information to decide if there were any violations of these or other areas. Under the first area, only testimonial evidence is would be excluded not physical evidence. Furthermore, under the Miranda rights, there is no "fruits" analysis and physical evidence is not excluded. However under the voluntaryness analysis, there is a "fruits" analysis and all evidence is excluded not just the statement or confession. Furthermore, under the voluntaryness analysis no formal custodial arrest is required. In MD the State must affirmatively prove that there were no improper promisses or threats - here the defendant must assert "rights under the common law. The right to counsel analysis arrises under two areas: one is once you were charged and given the citation - the other prevents further interrigation w/o a lawyer once you invoke your right to counsel. The accused must invokethe right to counsel, not the lawyer. Also in MD ther is a Public Defender statute which entitles people to an attorney which may be used to exclude evidence (this has been applied to EVERYONE by the MD Court of Appeals based upon Due Process). NEEDLESS TO SAY THIS IS ONYY THE TIP OF THE ICEBERG and very complicated for a non-attorney and even some attorney's to decifer. This is a general cursory analysis which I answered in 5 minutes. This is not legal advice. YOU NEED A LAWYER. If ANYONE contacts you, invoke your right to silence and your right to an attorney-do not give any statements, etc. You can contact my office at (301) 279-8773. (Our flat fee for a charge of possession of alcohol by a Minor (in the Dist. Court) is $650).