Articles Tagged with FAQs

The Rights a Defendant Waives: Qualification Guide for Defense Attorneys

As a service to members of the Maryland Bar, below you will find a typical criminal litany given by the defense attorney to the defendant before a guilty plea is accepted. Different lawyers have different styles when advising a defendant of the rights he/she is giving up in exchange for a guilty plea. This framework is typically effective and comprehensive as long as the proper elements and below questions are included.

As an experienced Maryland criminal defense attorney, I have essentially given the same litany over 5,000 times in Circuit Courts throughout Maryland, dating back to my days as a felony Public Defender in Baltimore City (1991-1994). There are rare occasions when this litany needs tweaking due to the uniqueness of a particular case, but you should feel confident in using this verbatim in almost all instances.

What is the maximum penalty for a DUI in Maryland?

The maximum penalty for a DUI in Maryland is 1 year imprisonment and/or a $1,000 fine for the first offense, and 2 years imprisonment and/or a $2,000 fine for a second offense.  See MD Code, Transportation §§ 21-901(a)(1), §27-101. If the offense involves the transportation of a minor, the maximum penalty increases to 5 years imprisonment and/or a $ 5,000 fine.

Do first-time DUI offenders go to jail in Maryland?

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