Wheaton Criminal Defense Attorneys

Aggressive Defense Against Criminal Charges in Maryland

People often discuss their legal and constitutional “rights” in abstract or theoretical terms. However, there is no other time when your rights matter more than when you have been accused of a crime. A criminal accusation is a life-altering event. The consequences of a conviction can lead to the loss of your job, freedom, and future. You must seek adequate legal representation immediately to prevent or mitigate these consequences.

The Wheaton criminal defense attorneys at Portner & Shure, P.A. have been successfully representing clients in criminal matters in Montgomery County courts for over 30 years. We have obtained numerous positive outcomes on behalf of our clients and have earned countless five-star results from our past clients for our results and our commitment to a high level of legal service.

Accused of a crime? Call Portner & Shure, P.A. today at or contact us online to schedule a meeting with our criminal defense lawyer in Wheaton!

Criminal Cases We Handle

The experienced attorneys at Portner & Shure, P.A., have been zealously representing clients in Montgomery County, Maryland's criminal matters for over 30 years. Our Wheaton criminal defense attorneys make weekly appearances in Montgomery County courthouses.

Our criminal defense practice areas include:

• Assault
• Burglary
• DUI
• Drug crimes
• Theft
• Traffic violations
• Prostitution

In addition to excellent reviews from prior clients, our reputation in the legal community can be seen in the numerous awards our attorneys have earned over 30 years of practice. The American Institute of Criminal Law Attorneys of 2020 recently recognized Portner & Shure, P.A. as one of Maryland’s “10 Best Law Firms.”

How the Maryland Criminal Justice Process Works

People usually learn of a criminal charge when arrested or summoned to court. Maryland has two courts where criminal matters are adjudicated: the District Court and the Circuit Court. The main difference between these entities is that the District Court has no jury trials. Jury trials are held in the Circuit Court. Many criminal cases are charged in the District Court; however, for any criminal offense with a potential penalty of more than 90 days, the accused has an absolute right to a trial by jury in the Circuit Court.

Common Misconceptions About Criminal Cases

People accused of a crime often think they have to prove their innocence. This is not the case, as the United States Constitution guarantees an accused individual the presumption of innocence. Stated simply, the state of Maryland bears the burden of proving, beyond a reasonable doubt, that an individual is guilty of the crime of which they are accused. Whether Maryland can meet that burden depends on the evidence and the facts surrounding the case.

People accused of crimes often find themselves intimidated by the criminal justice system. The Montgomery County Police and local prosecutors use this fear to overcome an accused individual's rights, such as the right to silence, a speedy trial, the presumption of innocence, and the right to counsel.

Defenses Against Criminal Charges

When an accused individual is asked how they plea, their options are “guilty” or “not guilty.” By pleading “not guilty,” an accused individual says “prove it” to the state of Maryland. The state must prove its case and overcome any defenses asserted by the accused individual at trial.

The defenses available depend on the facts of the case and the evidence the state is bringing. An accused individual may have a factual defense (e.g., an alibi), an evidentiary defense (i.e., the state has insufficient evidence to prove their case), or a legal defense (e.g., a Fourth Amendment suppression issue). To determine if any defenses are available and the likelihood of their success, it’s vital that you request a thorough review of your case from an experienced criminal defense attorney.

Dispositions

Most people think that the only possible outcomes in a criminal case are a finding of guilty or not guilty or a dismissal. However, there are five available outcomes in a criminal case. The two most prominent are guilty and not guilty. Another disposition (or outcome) for a criminal case is a nolle prosequi. This is essentially a dismissal by the State’s Attorney. The State’s Attorney can also place a criminal case on the stet docket. This is an inactive docket. The case has not been dismissed. However, it is not being actively prosecuted. The accused must waive their right to a speedy trial to accept a stet. The primary benefit to a stet is that the case is terminated and after one year, the State’s Attorney must show good cause to reinstate it.

The final disposition available under Maryland State law is probation before judgment. This is not considered a conviction under Maryland law. One must understand the legal definition of a criminal conviction or a criminal judgment to understand probation before judgment. A criminal conviction comprises a finding of guilt and the imposition of a sentence. Accordingly, if the accused is found guilty but never sentenced, they are not legally convicted under Maryland law.

Contact Portner & Shure, P.A. today to schedule a free consultation with our criminal defense attorneys in Wheaton!