Answers From Experienced Maryland Criminal Defense Attorneys
Being arrested, charged with a crime, or learning that you are under investigation can leave you with a lot of questions. What happens next? Should you speak with the police? Could you go to jail? What happens to your driver's license after a DUI? What should you do if you are accused of domestic violence or a sex offense?
The Law Offices of Fischer & Putzi, P.A. represents individuals facing criminal charges throughout Maryland. Attorneys David W. Fischer and David P. Putzi have decades of experience handling criminal cases ranging from DUI and DWI to domestic violence, assault, sex offenses, drug crimes, weapons charges, theft, serious felonies, federal offenses and juvenile matters.
Below are answers to common questions about Maryland criminal charges, investigations and the criminal justice process—and how Fischer & Putzi can help protect your rights.
GENERAL MARYLAND CRIMINAL DEFENSE FAQ
What should I do if I am arrested in Maryland?
Remain calm and avoid discussing the facts of your case with police, witnesses, alleged victims or other people. You have the right to remain silent and the right to speak with an attorney.
Statements that seem harmless at the time can potentially become evidence later. You should clearly request an attorney and obtain legal advice as soon as possible.
The criminal defense attorneys at Fischer & Putzi can step in early, review the circumstances surrounding your arrest, communicate with law enforcement and prosecutors when appropriate, and begin developing a defense strategy based on the specific facts of your case.
Should I talk to the police if I know I am innocent?
Being innocent does not necessarily mean speaking with investigators without an attorney is a good idea.
Police may already have witness statements, physical evidence, recordings or other information that you have not seen. You may also not know exactly what investigators are attempting to establish.
Before answering questions about a criminal investigation, speak with an experienced criminal defense attorney. Fischer & Putzi can help determine why investigators want to speak with you and advise you about whether providing a statement is in your best interests.
What if police want me to come to the station to “clear things up”?
Do not assume that an informal request means you are not a suspect. You should contact a criminal defense attorney before agreeing to an interview.
Fischer & Putzi can communicate with investigators on your behalf, determine the nature of the investigation and help you avoid making statements that could later be used against you.
Do I need a lawyer if I have not been formally charged yet?
Potentially, yes. The investigative stage can be one of the most important times to obtain legal representation.
If you believe you are being investigated for a crime, contacting Fischer & Putzi early may allow the firm to communicate with investigators and prosecutors, preserve potentially important evidence and advise you before you make decisions that could affect your defense.
What is the difference between a misdemeanor and a felony in Maryland?
Both misdemeanors and felonies can carry serious consequences. Felony offenses generally involve more severe potential penalties, but Maryland law also includes misdemeanor offenses that can expose a defendant to significant incarceration, fines and other consequences.
The classification alone does not tell you how serious a particular charge may be. Fischer & Putzi can explain the specific charge you are facing, the potential penalties and the defense options available based on your circumstances.
Does being charged with a crime mean I will be convicted?
No. A criminal charge is an accusation, not a conviction.
The prosecution still has the burden of proving the criminal charges against you beyond a reasonable doubt. Depending on the circumstances, Fischer & Putzi may challenge evidence, witness credibility, searches and seizures, statements, identification procedures and other aspects of the government's case.
Can criminal charges be dismissed?
Yes, charges can be dismissed in some cases, but dismissal is never automatic.
Whether dismissal is possible depends on the evidence, the specific charges, constitutional or procedural issues and many other circumstances. Fischer & Putzi can carefully review the case for weaknesses in the prosecution's evidence and determine the appropriate defense strategy.
What happens at my first court appearance?
What occurs depends on the type of case and the particular hearing. You may be advised of the charges, address representation, discuss bail or pretrial release conditions, or receive future court dates.
Fischer & Putzi can explain what to expect, appear with you when appropriate and make sure you understand each stage of the Maryland criminal court process.
DUI & DWI FAQ
What is the difference between DUI and DWI in Maryland?
Maryland recognizes different alcohol-related driving offenses, including Driving Under the Influence (DUI) and Driving While Impaired (DWI).
The specific charge and potential consequences can depend on factors such as the evidence of impairment, chemical test results and circumstances surrounding the traffic stop.
Because DUI and DWI cases can involve both criminal proceedings and separate Maryland Motor Vehicle Administration issues, it is important to address the case promptly.
What should I do after being arrested for DUI or DWI in Maryland?
Contact an experienced Maryland DUI attorney as soon as possible.
A DUI investigation can involve the legality of the traffic stop, observations made by the officer, standardized field sobriety tests, breath or blood testing, police body-camera footage and other evidence.
Fischer & Putzi can review each stage of the DUI arrest to identify potential weaknesses in the prosecution's case while also helping you understand any time-sensitive issues involving your Maryland driving privileges.
Can I fight a DUI even if I failed a breath test?
Potentially. A breath-test result is evidence, but it does not automatically determine the outcome of every DUI case.
Fischer & Putzi can examine how the test was administered, the equipment and procedures used, the timing of the test, the circumstances surrounding the traffic stop and other evidence that could affect the case.
Can I fight a DUI if I failed field sobriety tests?
Yes. Field sobriety testing is only one part of a DUI investigation.
An attorney can evaluate whether the tests were properly administered and whether medical conditions, injuries, footwear, road conditions, weather or the testing environment may have affected performance.
Fischer & Putzi can review police reports and available video evidence to determine whether the field sobriety tests and the officer's conclusions can be challenged.
Can I be charged with DUI for drugs instead of alcohol?
Yes. Maryland DUI cases can involve allegations that a driver was impaired by controlled dangerous substances, prescription medications or other drugs.
Drug-related DUI cases can involve different types of evidence than alcohol-related cases. Fischer & Putzi can review the circumstances of the stop, observations of the officer, testing procedures and other evidence used to support the allegation of drug impairment.
Is a second or subsequent DUI more serious?
Yes. Prior DUI or DWI offenses can significantly affect how a new case is handled and the potential consequences.
Fischer & Putzi represents clients facing repeat DUI and DWI charges and can evaluate the prior record, current allegations and potential defense strategies.
DOMESTIC VIOLENCE & ASSAULT FAQ
What should I do if I am accused of domestic violence in Maryland?
Take the accusation seriously and contact a criminal defense attorney immediately.
Do not attempt to pressure the alleged victim into changing a statement or dropping charges. You should also carefully comply with any protective order, no-contact order or other court-imposed restriction.
Fischer & Putzi can review the allegations, examine available evidence, explain any restrictions placed on you and build a defense based on what actually occurred.
Can the alleged victim drop domestic violence charges?
Not necessarily.
Once criminal charges have been filed, the decision about whether to continue prosecuting the case generally does not belong solely to the complaining witness. Prosecutors may decide to proceed even if that person no longer wants the case prosecuted.
Fischer & Putzi can communicate with the prosecutor, evaluate the strength of the evidence and determine how a change in the complaining witness's position may affect the case.
What if the domestic violence accusation is false?
False or exaggerated allegations can occur, particularly during emotionally charged disputes.
Text messages, photographs, videos, witness accounts, medical records, social-media activity and other evidence may help establish what actually occurred.
Fischer & Putzi can investigate the allegations and work to identify inconsistencies or evidence supporting your version of events. Avoid contacting or confronting the accuser yourself in an attempt to prove your innocence.
What is the difference between first-degree and second-degree assault in Maryland?
Maryland recognizes different degrees of assault, and the distinction can significantly affect the seriousness of the charges and possible penalties.
First-degree assault generally involves circumstances that Maryland law treats more seriously and is a felony. Second-degree assault is generally classified as a misdemeanor, although it can still carry significant potential consequences.
Fischer & Putzi handles both misdemeanor and felony assault cases and can explain the charges, potential penalties and possible defenses based on the facts of your case.
Can self-defense be used in an assault case?
Self-defense may be an important defense in some assault cases.
Whether it applies depends heavily on the circumstances, including what led to the confrontation, the perceived threat and the amount of force used.
Fischer & Putzi can investigate the circumstances surrounding the incident and determine whether self-defense or another defense may apply.
What is a protective order?
A protective order is a civil court order designed to protect an individual from alleged abuse.
Protective-order proceedings can impose significant restrictions concerning contact, residence and other matters. Violating a protective order can create additional legal problems.
Fischer & Putzi represents clients in protective-order proceedings and can help you understand the allegations, restrictions and options for responding.
SEXUAL ASSAULT & SEX OFFENSE FAQ
What should I do if I am accused of sexual assault in Maryland?
Do not discuss the allegations with police or investigators before speaking with an attorney.
Sexual assault and sex offense allegations are extremely serious and can carry severe criminal and personal consequences.
Fischer & Putzi represents individuals accused of sexual assault and other sex offenses in Maryland. The firm can intervene during an investigation, evaluate the allegations, preserve potentially important evidence and protect your rights throughout the criminal process.
What if someone falsely accuses me of rape or sexual assault?
Contact an attorney immediately and avoid contacting the accuser.
Text messages, social-media communications, photographs, videos, location information, witness testimony and other evidence may become important to the defense. Some electronic evidence can disappear or be deleted, making early preservation particularly important.
Fischer & Putzi can investigate the allegations, identify potentially helpful evidence and look for inconsistencies between the accusation and the available facts.
Should I talk to detectives if I am being investigated for sexual assault?
You should speak with a criminal defense attorney before agreeing to an interview with detectives.
Investigators may already have statements or evidence that they do not disclose before questioning you. Fischer & Putzi can communicate with investigators, determine the nature of the allegations and advise you about how to respond.
Should I give police my phone if I am being investigated for a sex offense?
Before consenting to a search of your phone or other electronic devices, speak with an attorney.
Phones can contain enormous amounts of personal information, including messages, photographs, location information and account data. The legal issues surrounding searches of electronic devices can be complex.
Fischer & Putzi can evaluate the circumstances of the request, any search warrant involved and your legal rights before you make a decision that could affect your case.
Can I be charged with sexual assault when alcohol was involved?
Yes. Alcohol can become an important issue in sexual assault investigations, particularly when the parties disagree about consent or someone's ability to consent.
These cases are highly fact-specific. Fischer & Putzi can examine communications, witness statements, video, electronic evidence and the circumstances before, during and after the alleged incident when developing a defense.
Will I have to register as a sex offender if convicted?
Certain Maryland sex offense convictions can result in sex-offender registration requirements.
Whether registration applies and the length and conditions of registration depend on the particular offense and disposition.
Because the consequences can extend well beyond the criminal case itself, Fischer & Putzi can explain the potential short- and long-term consequences associated with the specific charges you are facing.
DRUG CRIME FAQ
What is possession with intent to distribute?
Possession with intent to distribute involves an allegation that controlled substances were possessed for distribution rather than solely for personal use.
Prosecutors may rely on factors such as quantity, packaging, cash, communications and other evidence when attempting to establish intent.
Fischer & Putzi can review how the drugs were discovered, whether the search was lawful and whether the evidence actually establishes possession or an intent to distribute.
Can police search my car for drugs without my permission?
Whether a vehicle search is lawful depends on the circumstances.
There are exceptions to the general warrant requirement, but police do not have unlimited authority to search a vehicle.
Fischer & Putzi can examine the reason for the traffic stop, the justification for the search and the manner in which evidence was obtained to determine whether there may be grounds to challenge it.
What happens if drugs found by police were not mine?
Possession cases frequently involve questions about who actually possessed or controlled the drugs.
Simply being near an illegal substance does not automatically resolve the issue of legal possession. The location of the drugs, who had access to the area and other evidence can become important.
Fischer & Putzi can challenge the prosecution's attempt to connect you to drugs or other contraband when the evidence does not establish possession.
GUN & WEAPONS CHARGE FAQ
What should I do if I am charged with a handgun or firearms offense in Maryland?
Speak with a criminal defense attorney familiar with Maryland gun laws as soon as possible.
Weapons cases may involve complicated questions concerning possession, transportation, permits, prior convictions and searches conducted by police.
Fischer & Putzi handles Maryland firearms and weapons charges and can evaluate both the underlying allegations and how law enforcement obtained the firearm or other evidence.
Can a legal gun owner still face criminal charges?
Yes. Lawful ownership does not necessarily mean that every manner of possessing, transporting or carrying a firearm complies with Maryland law.
Fischer & Putzi can evaluate the specific circumstances, explain the law applicable to the charge and identify potential defenses.
What if a gun was discovered during a traffic stop?
One of the first issues a defense attorney may examine is whether the traffic stop and subsequent search complied with constitutional requirements.
If evidence was obtained through an unlawful search or seizure, Fischer & Putzi can determine whether there are grounds to challenge the use of that evidence in court.
Does Fischer & Putzi handle serious felony cases?
Does Fischer & Putzi handle serious felony cases?
Yes. Fischer & Putzi handles serious criminal matters including murder and attempted murder, first-degree assault, robbery, armed robbery, kidnapping, firearms offenses and other felony allegations.
Serious felony charges require careful investigation and preparation. The attorneys can review physical and forensic evidence, witness testimony, police procedures, electronic evidence and other aspects of the prosecution's case while developing a defense strategy.
Does Fischer & Putzi handle federal criminal cases?
Yes. Fischer & Putzi represents clients facing federal criminal charges as well as Maryland state criminal charges.
Federal criminal cases operate under different procedures and sentencing rules than Maryland state cases. The firm can represent clients during federal investigations and throughout the federal criminal court process.
When does a criminal case become a federal case?
A case may fall under federal jurisdiction when the alleged conduct violates federal law or involves circumstances giving federal authorities jurisdiction.
Federal investigations may involve agencies such as the FBI, DEA, ATF or other federal law-enforcement agencies.
If you learn that you are the subject or target of a federal investigation, Fischer & Putzi can intervene before you speak with investigators and help protect your rights from the earliest stages of the case.
THEFT, BURGLARY & PROPERTY CRIME FAQ
What is the difference between theft and burglary?
Theft generally concerns unlawfully taking or exercising control over property, while burglary involves unlawful entry into certain structures under circumstances defined by Maryland law.
The exact offense and potential penalties depend on the specific facts.
Fischer & Putzi represents individuals facing theft, burglary and other property-related criminal charges and can evaluate the prosecution's evidence and potential defenses.
Is shoplifting considered a criminal offense?
Yes. Shoplifting allegations can lead to theft charges and a criminal case.
Even when the value of the merchandise is relatively low, a conviction can have consequences beyond the immediate court penalties. Fischer & Putzi can explain your options and work toward the most favorable resolution available based on the circumstances.
JUVENILE CRIME FAQ
Does Fischer & Putzi represent juveniles?
Yes. Fischer & Putzi represents juveniles accused of criminal conduct and handles juvenile intake hearings and related proceedings.
The firm can help families understand Maryland's juvenile justice process and work to protect the juvenile's rights and future.
Can a juvenile be charged as an adult in Maryland?
In certain circumstances, a juvenile can face charges in adult criminal court.
Because adult prosecution can dramatically change the potential consequences, obtaining an attorney experienced in juvenile and criminal law is especially important in serious cases.
Fischer & Putzi can evaluate whether the case belongs in juvenile or adult court and advocate for the juvenile throughout the proceedings.
PROTECTIVE ORDERS & PEACE ORDERS FAQ
Does Fischer & Putzi handle protective orders and peace orders?
Yes. Fischer & Putzi represents juveniles accused of criminal conduct and handles juvenile intake hearings and related proceedings.
The firm can help families understand Maryland's juvenile justice process and work to protect the juvenile's rights and future.
What happens if I violate a protective order?
Violating a protective order can result in serious legal consequences, including potential criminal charges.
If an order has been entered against you, follow its terms carefully even if you disagree with the allegations or believe the order is unfair.
Fischer & Putzi can explain exactly what the order prohibits and represent you if you are accused of violating its terms.
HIRING A MARYLAND CRIMINAL
DEFENSE ATTORNEY
When should I contact a criminal defense lawyer?
As early as possible.
You do not necessarily need to wait until charges have been formally filed. If police want to question you, you believe you are under investigation, you have been arrested, or you have received criminal charges or a court summons, early legal representation can be valuable.
Fischer & Putzi can become involved during the investigation, after an arrest or at any stage of a pending criminal case.
What should I bring to my consultation with Fischer & Putzi?
Bring any documents or information you have relating to your case, which may include:
Charging documents
Citations
Court notices
Bail or release paperwork
Protective orders
Police paperwork
MVA documents
Relevant text messages, emails or photographs
Contact information for potential witnesses
Do not delete, destroy or alter evidence that could be related to your case.
Why hire The Law Offices of Fischer & Putzi?
David W. Fischer and David P. Putzi bring decades of Maryland criminal defense experience to cases ranging from DUI and misdemeanor offenses to serious felonies and federal prosecutions.
The firm has represented thousands of clients and has extensive courtroom and trial experience. David P. Putzi previously served as an Assistant State's Attorney, providing additional insight into how criminal cases are investigated and prosecuted.
Fischer & Putzi takes a hands-on approach to criminal defense. The attorneys carefully examine the allegations, investigate the evidence, identify potential weaknesses in the government's case, protect their clients' constitutional rights and develop a defense strategy based on the individual circumstances.
Speak With Fischer & Putzi About Your Maryland Criminal Case
If you have been arrested, charged with a crime or believe you are under investigation, do not wait until your court date to begin protecting yourself.
The Law Offices of Fischer & Putzi, P.A. represents clients throughout Maryland in criminal and DUI matters, including:
DUI and DWI
Domestic violence
Assault
Sexual assault and sex offenses
Drug crimes
Firearms and weapons offenses
Theft and burglary
Serious felony charges
Federal criminal cases
Juvenile cases
Protective orders and peace orders
Whether you have already been charged or have simply learned that police want to speak with you, Fischer & Putzi can review your situation, explain your options and help you determine the appropriate next steps.
Call Fischer & Putzi at (410) 787-1800 for a free consultation.
The Law Offices of Fischer & Putzi, P.A.
7310 Governor Ritchie Highway, Suite 1007
Glen Burnie, Maryland 21061