Criminal Defense and Traffic Tickets
If you have been charged with a crime or have received a traffic ticket that you want to fight, you need a trusted legal advocate on your side. At Burgos & Burgos, our Maryland criminal defense lawyers have the experience and dedication that it takes to guide you through the legal process. We can listen to your side of the story, investigate what happened, and build a defense strategy that is appropriate in your specific case. We have represented many people facing charges in Montgomery and Prince George's Counties, as well as in Washington, D.C. You may be interested in knowing that our staff is fluent in Spanish if you are more comfortable communicating in that language. We represent people in personal injury and wrongful death cases in the Maryland and Washington, D.C. areas as well.
We assist clients who have been charged with various felonies or misdemeanors, as well as drivers facing traffic violations. Some of the matters that we handle include:
- Driving under the influence of alcohol or drugs (DUI);
- Driving with a suspended or revoked license;
- Driving without a license;
- Drug crimes;
- Assault and battery;
- Domestic violence; and
- Shoplifting and other theft crimes.
If you have been charged with a crime in Maryland, you need to remember that you are innocent until proven guilty. In every criminal case, the state or federal government bears the burden of proof to prove each element of the crime “beyond a reasonable doubt.” This is the highest standard in the legal system. A criminal defense attorney often can help Maryland residents defeat a charge by undermining the prosecution’s evidence with regard to one or more elements of the crime. For example, we may be able to show that you lacked the necessary intent to commit a theft. The criminal defense attorneys at our Maryland firm also may be able to get certain types of evidence excluded from your case if law enforcement failed to follow proper procedures. A drug crime case, for example, may be hard to prove if the drugs are excluded based on a constitutional violation by the police.Defense Against DUI & DWI Charges
A police officer, who has an articulable reasonable suspicion that a person is driving under the influence of alcohol, or while impaired by alcohol, or drugs, or alcohol and drugs combined, may stop that driver’s vehicle, and request that the driver submit to a field sobriety test or portable breath test. If a driver is arrested for impaired driving, the officer should advise the driver of his or her rights and provide an Advice of Rights form (DR-15) before requesting that the driver submit to a chemical blood alcohol concentration (BAC) test. If a driver tests above the legal limit for alcohol (0.08 BAC), or refuses an officer’s request to submit to a chemical test for alcohol or drug use, it is possible for a police officer to issue an Order of Suspension form(DR-015A) along with traffic citation(s). If this happens to you and you have a valid Maryland driver’s license at the time that you are stopped, the police officer will take away your driver’s license and, will issue a 45-day temporary paper license. It is possible to request an Administrative hearing at any time within 30 days of the date of the Order of Suspension to show cause why your driver’s license or privilege should not be suspended. However, a driver must request a hearing within 10 days of the date of the Order of Suspension to ensure that the privilege to drive is not suspended, on the 46th day, prior to the administrative hearing. Our Maryland MVA attorneys can explore defenses that may be available to you with the Office of Administrative Hearings at the Maryland MVA, and are ready to assist you.
In Maryland, a driver is also required to go to court if the police officer issued a traffic citation. A conviction in court for driving while under the influence of alcohol, or under the influence of alcohol per se, Maryland Code, Transp. § 21-902(b), is a serious matter that, for a first offense, carries a maximum penalty of 1 year in jail and/or a $1,000.00 fine. A conviction of driving under the influence can lead to an assessment of 12 points against a driving record, and revocation of the driver’s license or privilege to drive.
A conviction of driving while impaired by alcohol, Maryland Transp. § 21-902(b), or driving while impaired by drugs or drugs and alcohol, Maryland Transp. § 21-902(c) is also serious, but carries a lesser criminal penalty for a first offense of up to 2 months in jail and/or a fine of up to $500.00. A conviction of driving while impaired by alcohol, or driving while impaired by drugs or drugs and alcohol, can lead to the assessment of 8 points on a driving record, and the suspension of the driver’s license or privilege to drive.
Driving while impaired by a controlled dangerous substance, if a person is not entitled to use a controlled dangerous substance under the laws of Maryland is a serious offense that carries a penalty, for the first offense of up to 1 year in jail and/or a fine of up to $1,000.00. A conviction of driving while impaired by a controlled dangerous substance, if a person is not entitled to use a controlled dangerous substance under the laws of Maryland can lead to an assessment of 12 points against a driving record, and revocation of the driver’s license or privilege to drive.
If a person is charged as a subsequent offender, or is charged with refusing to submit to a test of the alcohol content of breath or alcohol or drug content of blood, or is involved in the transport of a minor, the Maryland Code provides for harsher criminal penalties.
Both DUI and DWI charges can lead to serious administrative and criminal penalties. However, it is important to note that police must follow certain protocols when they make a DWI/DUI traffic stop and arrest. If these protocols are not followed, or your rights are violated in another way, the charges can be reduced or even dismissed. Our Maryland criminal defense attorneys can explore each part of your case from the stop to the arrest and the collection of evidence to make sure that all of your defense options are investigated.Contact a Knowledgeable Criminal Defense Lawyer in Maryland or Washington, D.C.
If you or someone close to you has been charged with a crime or has received a traffic ticket, we can help. At Burgos & Burgos, our attorneys are committed to providing thorough and personalized legal representation at every step of the way. We understand that the stakes are high in these cases, and we want to help alleviate the stress that you are facing. With more than 30 years of experience, we proudly serve people throughout Montgomery and Prince George's Counties, including in Silver Spring, Takoma Park, Wheaton-Glenmont, and Hyattsvaille, as well as in Washington, D.C. To schedule a free initial consultation with one of our team members, call us at (301) 681-1111. We are also available to people who need a medical malpractice lawyer or assistance with another type of personal injury claim.