Law Offices of Charles L. WaechterFindLaw IM Template2024-02-23T20:26:14Zhttps://www.waechterlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1300838/2020/06/waechterlawfirm2-social-2017-02-24-10-49-38-75x75.pngOn Behalf of Law Offices of Charles L. Waechterhttps://www.waechterlawfirm.com/?p=491982024-01-05T17:33:40Z2024-01-05T17:33:40ZApparent complicity
Merely being present at the scene of a crime can have severe repercussions for a college student. If law enforcement authorities determine that an individual was present during the commission of a crime, they may consider this person an accomplice. This could lead to charges such as aiding and abetting, even if the person did not actively participate in the criminal act. The legal system may view the student’s presence as contributing to the overall wrongdoing.
Association
College students often form social circles, but associations with individuals who may be doing criminal activities can be detrimental. If a student is in the company of those committing a crime, authorities might perceive the student as guilty by association.
College disciplinary actions
About 348,054 students attend Maryland colleges. A college may take disciplinary actions if it thinks students were present at a crime or somehow involved. Most educational institutions have codes of conduct that students must adhere to. Any involvement in illegal activities may result in sanctions, ranging from academic probation to expulsion. College administrators are likely to take swift action.
Future implications
A criminal record can have long-lasting consequences for a college student's future. Even if police do not directly charge the student with a crime, being present at the scene may still impact background checks in some way. Any connection to criminal activities may raise red flags.
The consequences of being at the scene of a crime or alleged crime can affect Maryland college students in many ways.]]>On Behalf of Law Offices of Charles L. Waechterhttps://www.waechterlawfirm.com/?p=491972023-12-22T15:09:58Z2023-12-21T19:56:11Z1. Legal implications and record stigma
When students face shoplifting charges, the legal fallout becomes an immediate concern. A conviction may result in fines, probation or community service. However, the more insidious impact lies in the creation of a criminal record. Such a record can haunt students, affecting their ability to secure jobs, housing and financial aid.
2. Academic consequences
A shoplifting charge can disrupt a student's academic journey in various ways. Many colleges require applicants to disclose any criminal history during the admissions process. A tarnished record may lead to rejection or, at the very least, a more stringent review of the application.
3. Limited opportunities for extracurricular involvement
Engaging in extracurricular activities is a cornerstone of the college experience, providing students with valuable skills and networks. However, shoplifting charges can act as a barrier, limiting opportunities for involvement in clubs, sports and other enriching pursuits. This restriction not only impacts personal growth but also diminishes the chances of building a well-rounded college application.
4. Strained mental health
Beyond the tangible consequences, the emotional toll of a shoplifting charge can be overwhelming for students. The fear of legal repercussions, coupled with the uncertainty about their academic future, can lead to heightened stress and anxiety. This mental strain may compromise their ability to focus on their studies and fully participate in the college experience.
With estimates that 1 in 11 Americans shoplift, this type of theft may seem harmless to some but can have long-lasting repercussions.]]>On Behalf of Law Offices of Charles L. Waechterhttps://www.waechterlawfirm.com/?p=491962023-12-19T19:54:29Z2023-12-19T19:54:29Z1. Faulty traffic stop
A common defense is questioning the validity of the traffic stop that led to the DUI arrest. If law enforcement lacked reasonable suspicion to pull you over, it may compromise the entire case. For instance, if pulled over without proper cause, it might weaken the prosecution's case against you.
2. Inaccurate field sobriety tests
Police officers often use field sobriety tests to assess a driver's level of impairment. However, these tests are not foolproof, and various factors, such as medical conditions or environmental conditions, can impact the results. Challenging the accuracy of these tests may cast doubt on the evidence presented.
3. Breath test calibration
Breath test results are a key component of DUI cases, but the accuracy of the device depends on proper calibration. If the device was not incorrectly calibrated or maintained according to regulations, the results may be unreliable. A defense strategy could involve questioning the calibration records and procedures.
4. Medical conditions
Certain medical conditions can mimic signs of impairment, leading to false accusations. Conditions like diabetes or certain medications can affect breath or blood test results. Demonstrating that a medical condition, rather than alcohol consumption, caused observed impairment is a potential defense strategy.
In 2022, Maryland law enforcement made 14,859 drunk driving arrests. While a trying time, each case is unique. Exploring different defenses can be an important step in building a strong defense strategy.]]>On Behalf of Law Offices of Charles L. Waechterhttps://www.waechterlawfirm.com/?p=491942023-12-13T16:15:37Z2023-12-13T16:15:37ZWhat does Maryland law say about drug possession?
Maryland drug possession laws outline the process by which police officers may issue citations to individuals found to be in possession of controlled substances. In the case of drugs found in communal areas of a vehicle such as the glove box, floorboard or trunk, an officer might assert probable cause to charge the driver as well as any passengers with drug possession due to the possibility that any or all of them may be guilty of possession.
How can passengers defend themselves against drug charges?
Building a strong defense against drug possession charges starts with proving that the substances in question cannot possibly belong to you. If the police collect proof of drug possession as a result of a wrongful search, then you might also pursue a defense based on the illegitimacy of the evidence against you.
When a law enforcement officer has no way of knowing for sure who owns illegal substances found during a traffic stop, all passengers of the vehicle might face possession charges. Taking the right steps toward a capable legal defense can ensure that you secure the best outcome.]]>On Behalf of Law Offices of Charles L. Waechterhttps://www.waechterlawfirm.com/?p=491922024-02-23T20:26:14Z2023-05-17T19:25:59ZYou do not have to answer the door
When the police knock at the door, you might think you have to answer it. Unless they announce themselves as having a warrant, there is no requirement to answer the door at all.
You do not have to open the door
If you want to acknowledge the officer’s presence but you are uncomfortable opening the door, you can speak to the police through the door instead. There is no law requiring you to open the door to the police unless they arrive with a warrant.
You can refuse to talk
Sometimes, the police come to ask questions as part of an investigation. Anything you say becomes part of the case evidence. You have a legal right to remain silent, even during these informal conversations.
You should be cautious if you open the door
If you open the door for the police, remember that anything they can see inside your home becomes a possible opportunity for probable cause. Consider stepping out of your front door and closing it behind you instead.
Understand your rights when interacting with the police at your home. Exercise your rights, protect your privacy and avoid creating complications.]]>On Behalf of Law Offices of Charles L. Waechterhttps://www.waechterlawfirm.com/?p=491932024-02-23T20:22:32Z2023-05-15T19:19:30ZYou cannot appeal a plea bargain
Once you accept the deal and enter your plea, you lose any rights to an appeal in the case. The only way to have it reconsidered is if there was blatant misconduct leading to the plea offer, which is rare and difficult to prove.
The judge might refuse the deal
The plea bargain is an agreement between the prosecution and the accused. The judge has no role in its development. He or she does have the final say. If the judge feels that the deal is unfair or in bad faith, you might go to trial anyway.
You might have an unfair sentence
Sometimes, the sentence offered as part of a plea deal ends up being longer than the one you might receive if the case goes to trial. Be mindful of any sentencing offer to avoid this pitfall.
Recognizing the facts about plea bargains can empower you to negotiate a more effective deal. Make sure that you feel comfortable with the deal you sign and that you thoroughly understand its terms before signing.]]>On Behalf of Law Offices of Charles L. Waechterhttps://www.waechterlawfirm.com/?p=491602023-03-02T22:11:52Z2023-03-06T22:10:41ZTypes of field sobriety tests
There are three standardized types of field sobriety tests:
The walk-and-turn test requires you to walk in a straight line with one foot in front of the other, turn around and walk back in the same manner.
The horizontal game nystagmus test entails the officer holding up an object and requiring you to follow it with your eyes only as the officer moves it left and right.
The one-leg stand test requires you to stand on one leg with the other six inches above the ground and count to 30.
The most common way they use the results of field sobriety tests is to prove you appeared intoxicated, even if the breath test did not warrant a BAC high enough to show impairment.
Refusing a field sobriety test
Most defense attorneys will tell you to refuse field sobriety testing because the results are often questionable, even when a person is completely sober. For example, not everyone can stand on one leg for 30 seconds, regardless of impairment.
Refusing a field sobriety test could still result in an arrest, but the officers will have less evidence to use against you.]]>On Behalf of Law Offices of Charles L. Waechterhttps://www.waechterlawfirm.com/?p=491622023-03-02T22:10:11Z2023-03-02T22:10:11ZMaryland legal code on dangerous substances outlines when drug possession is a felony. By understanding the circumstances that can heighten the charges you face, you can build the best defense for your case.
Intent to distribute
Distributing, intending to distribute or keeping controlled substances in common areas where others may access them are felony offenses. Similarly, possessing equipment with which you might produce controlled substances is also a felony. Possession of such equipment can facilitate the reasonable assumption that you have the intent to sell or distribute the substances you are able to manufacture.
Counterfeiting
Drug possession also escalates to a felony if you are guilty of counterfeit behavior. This includes altering labels on a container to indicate that the substance comes from a different distributor or manufacturer, as well as falsifying prescriptions.
Possession of dangerous drugs
Drug possession that might otherwise be a misdemeanor offense escalates to a felony when the substances in question are particularly dangerous. This specifically includes narcotic drugs and hallucinogenic substances.
It is worth noting that repeat drug offenses are likely to result in harsher penalties and that a misdemeanor offense can even escalate to a felony if you have prior misdemeanor convictions on your record. However, you have the right to seek legal advocacy that can help you build the best defense possible toward lessening the charges against you.]]>On Behalf of Law Offices of Charles L. Waechterhttps://www.waechterlawfirm.com/?p=491582023-01-10T16:37:48Z2023-01-17T21:19:40ZWhat is assault?
Maryland defines assault as attempting or threatening to harm another person, such as by punching, slapping or pushing. While some states differentiate between assault and battery, all crimes involving intent to harm and actual harm fall under the category of assault.
What are the criminal penalties for assault charges?
Charges for assault crimes vary depending on the circumstances and seriousness of any injuries. Less severe injuries can result in second-degree assault charges, which may lead to $2500 fines and up to 10 years in jail. More severe crimes fall into the category of first-degree assault, which carries longer jail sentences of up to 25 years and fines of up to $5000.
How will assault charges affect school standings?
Many universities have Code of Conduct regulations for individuals and organizations on the school campus. If either violates the code, disciplinary actions may follow. Hearings might be necessary, and both students and organizations risk receiving fines, probation and even expulsion from the school. These corrective actions remain on students' records permanently and may interfere with future school applications.
Assault charges can change college students' lives, derailing academic and career goals. Choosing to act responsibly allows students to reach their maximum potential.]]>On Behalf of Law Offices of Charles L. Waechterhttps://www.waechterlawfirm.com/?p=491562023-01-10T16:37:33Z2023-01-12T16:37:11ZStudent misconduct
Each college maintains a specific system or process for handling issues with student misconduct. In some cases, incidents that take place off campus may result in discipline by the school, depending on the severity or nature of the behaviors. Many times, school-based discipline includes:
Revocations of special housing or campus-based privileges
Suspension or expulsion
In addition to these consequences, certain crimes may lead to a criminal charge. While the college often bears the primary responsibility of addressing particular behaviors or incidents, victims of a crime have the ability to file a report with the local police department.
Criminal justice response
When an individual files a report of a crime to a college or university, the school must investigate whether the police are conducting their own investigation or not. Likewise, if reported to law enforcement, an investigation occurs even if the school is not handling the issue. This is the case when there is a report of a criminal offense. This is not the same as student misconduct, though some overlap occurs.
Violations of school codes could impact more than just your academic plans. Misconduct that also constitutes a criminal offense with fines or jail time can include DUI, rape, assault, theft or vandalism.]]>