Traffic/Criminal Cases
Traffic Offenses and Criminal Defense Attorney
- Serving Anne Arundel County, Baltimore County, Baltimore City, Harford County, and surrounding regions -
The following is not advice on a particular criminal defense or traffic offense case; it is only intended as information which generally applies to the types of cases involved in criminal law and traffic law. To obtain advice and determine what you should do in a specific traffic or criminal case, you should consult with an experienced criminal defense lawyer.
Traffic offenses and criminal matters fall into an entirely separate category from those cases involving personal injury and recovery for monetary losses. While actions involving claims for money are typically “civil actions,” traffic and criminal matters are brought by the State against an individual. In traffic and criminal cases, the State is seeking to punish an individual for violating either a statute or a common law and for that violation; punishment may be incarceration, a fine, or both.
When charged with a criminal or traffic offense, it is important to know that there are certain rights that each individual has regardless of whether they are ultimately proven guilty or acquitted. For example, once a person is arrested or taken into custody they have the right to remain silent and are entitled to an attorney if they cannot afford one. In addition, a person has the right to know what they are being charged with and therefore is entitled to the “charging document” upon which the State intends to prove its case. At trial, it is the State’s burden to prove beyond a reasonable doubt each and every element of those violations with which the person is charged. In such a case, an individual has no obligation to either testify or to produce any evidence on his behalf and can be acquitted in the event that the State does not meet its burden.
The State, in both traffic and criminal cases, has a much heavier burden of proof than what a plaintiff does in a civil matter. The State is required to prove beyond a reasonable doubt each and every element of the crime with which it has charged an individual. This means that if a judge or jury has any reasonable doubt as to whether the State has proven any element of the crime being charged, the individual must be acquitted.
In addition, it is not just the police or some law enforcement agency that may bring charges against an individual. One individual can charge another individual with a crime, and at that point the State takes over the prosecution. For example, a person may assault another person, and then the person who was assaulted may go to the local police department to fill out a criminal complaint against the individual who did the assault. Once the charge has been made, however, the State then has the responsibility of prosecuting the person who is being charged with the assault. It is also important to remember that it is ultimately the State who will decide whether the prosecution should proceed.
If you have been charged with a criminal offense, DWI or DUI offense, or driving offense, it is essential that you consult with a criminal defense lawyer soon as possible. Do not assume that a prosecutor will be sympathetic to your criminal or traffic case, or that the witness who has made the charges will not show or appear for trial. Furthermore, a judge who is presiding over the case is not there to act as your criminal defense attorney and they are not there to give you advice as to how to proceed with your traffic or criminal case. If you cannot afford a traffic or criminal defense lawyer, you need to apply for services of the public defender’s office as soon as possible.
For an experienced criminal defense attorney, contact the Law Offices of Taras Andrew Vizzi today or call 410-426-4504.
Taras Andrew Vizzi, P.A. is an experienced criminal attorney whose law firm is located in Baltimore, MD. He offers legal advice in criminal law cases regarding DUI offenses, DWI offenses, traffic offenses, or additional criminal cases. His law practice services residents in the Anne Arundel County, Baltimore County, and Harford County regions. |
