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What Should I Do if I Am Arrested in Maryland?

Lesley Atkinson Dec. 18, 2024

Being arrested for a crime can be a traumatic experience.  This is especially true for the majority of folks that have had no adverse criminal contacts with police before.  As a practicing attorney in the Baltimore Metropolitan area for over 21 years, I have seen a lot.  We have offices in Nottingham, Maryland near White Marsh, Maryland and in Bel Air, Maryland.  Here are some tips and pointers to make your process go smooth as possible.

Stay Calm and Comply with Police Instructions

  • Don’t resist arrest: Even if you believe the arrest is unjust, resisting can lead to additional charges. 

  • Stay silent: You have the right to remain silent. You don’t have to answer questions about the crime, but you should identify yourself (name and address).

  • Don’t argue or confront the police: Keep your hands visible and avoid any sudden movements. Be respectful and polite, as this can prevent the situation from escalating.

Why Is This Important?

At the time of your arrest, the police officer most likeley has already made a decision that a.) you are going to be charged with a crime and b.) resisting the officer can lead to not only additional charges such as resisting arrest, assault or failure to obey.  It is a good practice to remain silent as most jurisdictions in Maryland have implemented officer worn body cameras that can record both audio and video interactions with the police.

What Happens Next?

If you are being arrested or detained, you will be taken to the local precinct or a central booking facility in the city or county you are arrested in.  There you will be “booked” where your criminal history will be run, and a statement of charges will be prepared. 

You will then be presented either in person or via video to the District Court Commissioner for what is called an “Initial Appearance”.  During the Initial Appearance, the Court Commissioner will go over the charges with you, advise you of the maximum penalty of each charge and advise you of your right to an attorney during all phases of the trial process including the Initial Appearance.

 The second part of the Initial Appearance is the Court Commissioner completing a questionnaire and making an initial determination for pretrial release determination.  The Commissioner will review your record and determine if you are statutorily eligible to be released by the Commissioner and then make a determination if you are a threat to public safety and or a flight risk.

What Do You Mean if I Am Statutorily Eligible to Be Released?

There are certain limitations that have by law prohibited the Court Commissioner for releasing certain types of cases.  In that situation, you would be automatically held without bail until bail review for a District Court Judge to make a determination as to whether you are released on your own recognizance, on a monetary bail, or on a pretrial supervision basis.

This Is All a Mistake, Should I Tell the Court Commissioner My Story and Maybe I Will Be Released?

This is a common mistake that folks make and can be fatal to your case.  The Court Commissioner is not a Judge or prosecutor.  These proceedings are recorded and may be subject to subpoena by the State’s Attorney.  You have the right to remain silent and a right to an attorney.  Don’t let the emotions of being arrested jeopardize your case.

Now that I Have Been Released Pending Trial, What Do I Do?

Contact a criminal defense lawyer for a consultation.  The attorney can help you review the charges against you, develop a strategy for defense, subpoena any witnesses on your behalf. There may be legal defenses and factual defenses that can help you.  In addition, the attorney can engage in negotiations with the State’s Attorney to bring you a resolution short of trial.

Is There Anything Else I Should Know?

Don’t talk about your case with your friends or family.  Especially don’t talk about your case on text or social media. You never know what you say or put in writing will be replayed back to you at the most inopportune time.

At Atkinson Law, we have been defending criminal cases for over two decades. Let us put our experience to work for you.  Our offices are conveniently located near White Marsh, Maryland and Bel Air, Maryland.  Please contact us or https://www.atkinsonlawyers.com/contact-us/ to schedule a consultation.