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Patrick  Preller Lawyer

Patrick Preller

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Phillip  Chalker Lawyer

Phillip Chalker

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Phillip Chalker graduated from the University of Maryland Francis King Carey School of Law. After law school, Mr. Chalker worked for the Social Secur... (more)

Isaac Klein

Traffic, DUI-DWI, Criminal, Car Accident
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Henry J. Wegrocki

Traffic, Workers' Compensation, DUI-DWI, Car Accident
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Caroline M. Kang

Criminal, DUI-DWI, Felony, Traffic
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Mark A. Snyder

DUI-DWI, Criminal, Personal Injury, Medical Malpractice, Car Accident
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Brett M. Schaffer

Leisure, Workers' Compensation, DUI-DWI, Car Accident
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Patricia M. Cochran

Family Law, Traffic, DUI-DWI, Personal Injury
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Phillip J. Closius

Medical Malpractice, DUI-DWI, Family Law, Wills & Probate
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Brian Garrett Thompson

White Collar Crime, DUI-DWI, Criminal
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LEGAL TERMS

EXCLUSIONARY RULE

A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from ... (more...)
A rule of evidence that disallows the use of illegally obtained evidence in criminal trials. For example, the exclusionary rule would prevent a prosecutor from introducing at trial evidence seized during an illegal search.

CIRCUMSTANTIAL EVIDENCE

Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or j... (more...)
Evidence that proves a fact by means of an inference. For example, from the evidence that a person was seen running away from the scene of a crime, a judge or jury may infer that the person committed the crime.

CAPITAL CASE

A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecuto... (more...)
A prosecution for murder in which the jury is also asked to decide if the defendant is guilty and, if he is, whether he should be put to death. When a prosecutor brings a capital case (also called a death penalty case), she must charge one or more 'special circumstances' that the jury must find to be true in order to sentence the defendant to death. Each state (and the federal government) has its own list of special circumstances, but common ones include multiple murders, use of a bomb or a finding that the murder was especially heinous, atrocious or cruel.

BOOKING

A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed beh... (more...)
A quaint phrase that refers to the recording of an arrested person's name, age, address and reason for arrest when that person is brought to jail and placed behind bars. Nowadays, the book is likely to be a computer. Usually, a mug shot and fingerprints are taken, and the arrestee's clothing and personal effects are inventoried and stored.

BAIL

The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all requi... (more...)
The money paid to the court, usually at arraignment or shortly thereafter, to ensure that an arrested person who is released from jail will show up at all required court appearances. The amount of bail is determined by the local bail schedule, which is based on the seriousness of the offense. The judge can increase the bail if the prosecutor convinces him that the defendant is likely to flee (for example, if he has failed to show up in court in the past), or he can decrease it if the defense attorney shows that the defendant is unlikely to run (for example, he has strong ties to the community by way of a steady job and a family).

MCNAGHTEN RULE

The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wron... (more...)
The earliest and most common test for criminal insanity, in which a criminal defendant is judged legally insane only if he could not distinguish right from wrong at the time he committed the crime. For example, a delusional psychotic who believed that his assaultive acts were in response to the will of God would not be criminally responsible for his acts.

MENS REA

The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental s... (more...)
The mental component of criminal liability. To be guilty of most crimes, a defendant must have committed the criminal act (the actus reus) in a certain mental state (the mens rea). The mens rea of robbery, for example, is the intent to permanently deprive the owner of his property.

CONVICTION

A finding by a judge or jury that the defendant is guilty of a crime.

DRIVING UNDER THE INFLUENCE (DUI)

The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the l... (more...)
The crime of operating a motor vehicle while under the influence of alcohol or drugs, including prescription drugs. Complete intoxication is not required; the level of alcohol or drugs in the driver's body must simply be enough to prevent him from thinking clearly or driving safely. State laws specify the levels of blood alcohol content at which a person is presumed to be under the influence. Also called driving while intoxicated (DWI and drunk driving).

SAMPLE LEGAL CASES

Turner v. State

... driving while intoxicated" (DWI), is now called "driving under the influence of alcohol" (DUI). Id. Likewise, the offense, formerly called "driving under the influence of alcohol" (DUI), is now called "driving while impaired" (DWI). Id. ...

Attorney Grievance Comm. v. Tanko

... "The Respondent ... testified [that] he knew in DUI/DWI cases licenses were taken by police officers and mailed back to the MVA. However, his defense is he was not arrested for DUI or DWI, but rather for a marijuana charge. ...

Washington v. State

... 2]. Whether the imposition of consecutive sentences upon conviction of DUI and DUI per se is permitted. ... Trans. § 21-902(a)(2). He argues that the DUI per se sentence should have been merged into the DUI sentence because. ...