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Criminal Defense
Arrest Process
Criminal Arrest Evaluation
E-Mail
Offices
by Appointment
8370 Veterans Highway
Suite 201
Millersville, MD 21108
Mailing
Address
Post Office Box 694
Columbia, MD 21045 Telephone
443-324-5289 Facsimile
410-729-4186
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Criminal Defense
Arrest Process
Arrest
When police take you into custody based on a reasonable belief that you
committed a crime.
Booking
In most cases, when you are arrested, you are is taken to the police
station where some basic information is taken. This may include your
fingerprints, mug shots, background checks, and questioning.
Charging
The State's Attorney decides what charges are filed against you. The
State's Attorney's office often takes into consideration the wishes of the
alleged victim and of the police.
Arraignment
A judge will decide if there is probable cause to believe that you
committed a crime. The judge will also formally read you your rights
and inform you of the crimes you are being charged with. In
addition, bail is set, and you are advised of your rights and
responsibilities about getting a private attorney or a public defender.
Bail
The amount of money a judge determines will ensure your appearance at
subsequent hearings and trial. Bail may be posted by cash, property,
credit card, and bail bondsman. In most instances, some level of
bail is set, however, the judge may decide to not to offer bail in some
circumstances.
Discovery
The complete exchange of records and evidence from both the State and the
defense attorney.
Preliminary (Felonies) Hearing
If you are charged with a felony or any other crime which must be tried in
the Circuit Court, and you were not indicted by a Grand Jury, you have a
right to a preliminary hearing. Held in the District Court, a judge
determines if there is probable cause to believe that you may have
committed the crime with which you are charged. You are not allowed
to testify, or produce any evidence on your behalf, but you have the right
to hear the State's evidence against you, and cross examine the State's
witnesses.
Plea Bargaining
This is the process where you or Scott Athen
try to work out a deal instead of going to trial. Options include an
agreement that the prosecutor will file lesser charges, drop charges (nol
pros), or agree to reduced penalties. Often the prosecutor agrees to these
improved terms if you plead guilty to the agreed to charges and terms.
Pre Trial Motions
These are some motions which Scott Athen
may file to protect you:
 Motion to reduce bond
Motion for a speedy trial
Motion for discovery
Motions to suppress evidence
Motions for disclosure of
impeaching information
Motion to sever counts
Motion to strike counts
Trial
If you are charged with a motor vehicle violation, or a misdemeanor, your
case will probably be tried in the District Court. If you face a
charge punishable by imprisonment of more than 90 days, you may ask for a
jury trial in the Circuit Court. Most felonies are also tried in the
circuit Court, where a trial by judge, or by jury is available.
Judge Trial
When you are tried by a judge, he
will listen to the evidence introduced by the State, and any evidence
introduced by you and Scott Athen,
and determine if the State proved your guilt beyond a reasonable doubt.
Jury Trial
You and Scott
Athen will help choose a jury 12 citizens
from the county in which you were charged. They will listen to the
evidence introduced by the State, and any evidence introduced by you and Scott
Athen, and determine if the State proved
your guilt beyond a reasonable doubt. In order to be found guilty, all
12 people on the jury must find you guilty.
Therefore, if Scott Athen
can place reasonable doubt in the mind of one person on the jury, you will
not be found guilty.
Sentencing
If you have been found guilty, a judge determines what punishment should
be administered. Before you go to trial, or plead guilty, you will
be informed of the maximum sentence available should you be found
guilty. Sentences typically include fines and/or jail time. During
the sentencing hearing, Scott Athen
will give the judge information about you, and explain why reduced
penalties are appropriate. The judge may offer probation before judgment;
probation with suspended jail time; some jail time, with the remainder
suspended as you are on probation; or straight jail time and/or fine.
Consequences
In addition to the sentencing, an individual is subject to several other
consequences which may include but are not limited to:
Loss of the right to vote
Loss of the right to possess a
firearm of any kind
Loss of right to associate with
known criminals
Registration as a sex offender
Increased penalties for future
criminal convictions
Registration as a narcotics
offender
Appeals
There are several options after trial. You may request a new trial,
request an appeal to a higher court, or request a modification of
sentence. Each of these must be in writing within a certain period
of time, and Scott Athen can help you
file them.
Expungement
In appropriate situations, you may have a conviction removed from your
record by filing a motion. Scott Athen
can help you file an expungement.
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