Defending Your Criminal Case
Criminal charges and accusations should be taken very seriously, regardless of your innocence. The consequences of losing the legal battle could mean losing your freedom. In order to effectively defend yourself in these situations you need the assistance of counsel that will aggressively stand up for your rights. Our staff at Staiti & DiBlasio defends the rights of individuals arrested and accused of criminal offenses.
If you, or someone you know, has been arrested for any crime – you need to know that you have rights and that you should not delay in getting legal representation. Regardless of the circumstances, do not assume all is lost. Your case will require investigation. Staiti & DiBlasio utilizes an extensive interview process designed to probe for potential defenses.
Contact Staiti & DiBlasio today to schedule your free initial consultation. Our experienced lawyers can help you in this time of need. Please call 410-787-1123 today.
Practice Areas Criminal Law
Click here to learn the difference between crimes classified as a Felony vs. Misdemeanor
Your Constitutional Rights
Remember at the beginning of any criminal case you have the absolute right to an attorney whether the attorney is appointed as a public defender or you hired an experienced law firm such as Staiti & DiBlasio. The law contains an infinite number of loop holes. You have certain Constitutional rights that must be looked at immediately to determine what direction you will be proceeding in regarding your case.
Some Constitutional rights include: 1) right to a lawyer, 2) right to testify on your own behalf, 3) right to cross examine and confront witnesses, 4) right to remain silent, 5) right to a speedy trial, 6) right to use Courts process of service to compel witness testimony or evidence, and 7) right to a jury trial and/or judge trial. Remember, You have the absolute presumption of innocence.
Our experienced attorneys start with a thorough review of the law and an honest opinion on your chances in Court. The State's Attorney has burden of producing evidence to prove your charges beyond a reasonable doubt. The American justice system requires the state to carry this burden of proof and says that you are innocent until proven guilty. We investigate your case, talk to witnesses, obtain police reports and negotiate with prosecutors on you behalf. You will get a top-notch defense, not just someone who takes your money and holds your hand while you plead guilty.
What are the potential outcomes?
Short of trial, the common forms of disposition in a criminal case are nolle prosequi, or nolle pros, for short, which means, "not to prosecute the charges," Another disposition is a stet, which means to "stay". When the State's Attorney enters a nolle pros, in effect the charges have been dropped. On the other hand, when the prosecutor enters a stet, the case is stayed and it is said to be placed on the inactive docket. Either the State or the defendant can request that the case be put back on the docket and be set for trial. After one year, the case can only be brought by a showing of "good cause". The defendant will be requested to waive his right to a speedy trial in order for the State to enter a stet.
A third disposition is called "probation before judgment", commonly called "PBJ". That special procedure follows a trial or a plea of guilty and involves the judge striking the guilty finding and entering probation before judgment. In traffic court this disposition results in the defendant receiving no points on his or her license. However, the judge may impose a fine or terms of probation. It will be up to the Judge whether the Probation is supervised or unsupervised by the Division of Parole and Probation.
Drug related charges brought in the District Court may involve a voluntary program called "Drug Court" for first offenses that involve non-violent crimes. At the completion of drug counseling the case by agreement can result in the prosecutor entering a stet in the case.
Call Staiti & DiBlasio, LLP for assistance - (410) 787-1123