Legal Question in Criminal Law in Maryland

Re: about sentenceing when first offense

As you are aware, fraud, theft, and attempted theft represent serious criminal charges that are pending against you.

It is imperative that you consult with an attorney as soon as possible, whether that is a private attorney you have hired or a public defender, if you are eligible.

Because information concerning the exact charges against you; the factual circumstances involved; and the quality of the evidence that may be available in your case has NOT been provided; it is impractical to specifically tell you what your "options" are, or your "probability of serving jail time," based on scant information provided over the Internet. Your options and possible outcomes of the case are things that your attorney would be able to discuss with you, after reviewing the charging documents; speaking with you personally; interviewing the police and other witnesses, if any; reviewing "discovery" (i.e. documentation and physical evidence in the State's possession); and taking other steps as might be necessary to determine how to best defend you. For example, your attorney might decide that a motion to suppress evidence should be filed, due to an illegal police search or seizure. Your attorney might also want to speak directly with the prosecutor's office to find out their views.

Obviously, if you do not have a prior criminal record, this is better than if you have a previous significant history of criminal behavior. It would also be quite helpful to obtain gainful, full-time employment, if you do not already have it; or be going to school, full-time. Your lawyer can give you other advice, such as obtaining letters of recommendation from employers, family members, and community leaders.

Concerning the odds of serving time if you plead guilty, again, you must speak with your attorney about this. Usually, before agreeing to a guilty plea, you would be seeking an agreement from the prosecutor's office as to how much, if any, jail time you would have to serve. (Be aware that the judge is not necessarily bound by the plea agreement.) Your attorney might be able to negotiate a "good deal" for you depending on the strengths and weaknesses of the prosecution's case.

But, please--don't decide that you're going to "cop a plea" before even having your case thoroughly reviewed by a qualified criminal defense attorney. The decision of whether to go to trial or to agree to a plea of guilty is made by the client, but can only be made knowlegably AFTER consultation with your attorney.

Do not speak about your case with anyone except your attorney, as statements that you make to other people could incriminate you if they are called as witnesses in court.

I would be happy to discuss your case with you at greater length if you think you might want to retain a private attorney. My e-mail: [email protected] or [email protected].