Sunday, April 20, 2014

Maryland DUI Lawyers Baltimore Punishment Probation

Have you been issued a traffic ticket for driving under the influence of alcohol in the State of Maryland?

Are you concerned about the consequences of being charged with DUI in the state of Maryland?

For a lot of our clients, a charge of DUI can result in the loss of their job, their security clearance, etc.

Don’t risk going to court alone if you have been charged with a crime of DUI in the state of Maryland.

If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.

Grams v. State

Facts:

Defendant in Baltimore contended that the motions court erred in denying his motion to dismiss on double jeopardy grounds, because the sanction imposed in another case, a weekend in jail, was a punishment for his act of drinking and driving in this case. The State responded that the sanction imposed by the DUI court was solely for defendant's failure to abide by the terms of the DUI Treatment plan. The appellate court concluded that defendant was not placed in initial jeopardy for the charges in this case when he first appeared before the DUI court, because neither the prosecutor nor defense counsel were present, no evidence in the traditional sense was received by the court, and defendant was never sworn or subject to cross-examination. Defendant signed an agreement pursuant to which he agreed that one consequence for failure to comply with the DUI treatment requirements could be incarceration. When the DUI court imposed such a sanction, the court was acting under the agreement and defendant was not punished by the DUI court. Since defendant's double jeopardy claim was rejected, the appellate court declined to consider whether he waived his right to be free from double jeopardy.

            If you are facing a traffic case in the State of Maryland, contact a SRIS Law Group lawyer for help.  You can reach us at 888-437-7747.

Holdings:

            The Maryland Court made the following holding:

  • Because probation revocation proceedings are considered civil proceedings, a sanction imposed by a circuit court in such case does not implicate a defendant's double jeopardy rights. As a general rule, there is no double jeopardy prohibition against revocation of probation and imposition of punishment. Md. R. 5-801(c) provides that the contents of the record shall contain all parts of the record that are reasonably necessary for the determination of the questions presented by the appeal and any cross-appeal.
If you have been charged with a criminal offense of DUI in the state of Maryland, contact our law firm immediately for help.

We have client meeting locations in Montgomery County (Rockville) and Baltimore.

We will do our absolute best to help you get the best result possible based on the facts of your case.  Our law firm has the necessary experience to assist you with this matter.

Contact our law firm today to speak with a lawyer today.  An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter

Disclaimer:

These summaries are provided by the SRIS Law Group.  They represent the firm’s unofficial views of the Justices’ opinions.  The original opinions should be consulted for their authoritative content.

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