Process Following a Maryland Gun Arrest
Being arrested for a gun offense can be an overwhelming ordeal, especially if it is your first time getting arrested. The process of being arrested and booked can be equally difficult to navigate without the help of a lawyer. If you want to know more about the process following a Maryland gun arrest, consult a distinguished firearm attorney that could help you navigate that process.
Arrest and Booking Process
One of the most important things that people should know about the process following a Maryland gun arrest is that they are not required to make any statements or agree to being interviewed by the police. People are only required to give information regarding their name, where they live, and basic biographical information because law enforcement would be using that for filling out a report, but they do not have to provide any information or give any statements.
What they also can anticipate is that they would be transported by the police officer to the police department or they would be taken to a booking facility. For example, in Wicomico County, there is central booking where all law enforcement agencies take people for the process of booking them. When someone is arrested, they will be taken before a district court commissioner and the job of the commissioner is to determine if there is a probable cause to have these charges brought against the person.
Role of the Commissioner
The commissioner has several different responsibilities during the process following a Maryland gun arrest. They have to make sure that there is probable cause to charge the person. If they make that determination, they then have to advise the person of what they are charged with, the maximum penalties, and that person’s right to get an attorney. The commissioner has to determine if the person should be released or if they need to pay a bond or potentially be held without bond. When a person is booked, they will be photographed, fingerprinted, and someone will look into whether they already have a criminal record because it could be taken into consideration when determining an appropriate bond amount. This can be a very long and tedious process. Sometimes, it is a very frustrating experience for people who have been arrested and for their friends or loved ones who are trying to make arrangements for them.
The process following a Maryland gun arrest can take a very long time and what they also should anticipate is that if they are not released upon being processed or if there is a bond that has to be paid, they have the option to be taken in front of a judge on the next day that the court is in a session. It could be that if they see a commissioner on Wednesday evening and by Thursday morning if they are still being held, they will be seen by a judge. A judge would have the ability to either lower that person’s bond, order that it remain the same, or erase it. There are a lot of different things that happen when a person has been arrested. There are a lot of different procedures that are going to kick into effect, such as the commissioner and bond review with the district court judge, et cetera. It is important for people to understand that it can be a very long process. Depending on what they have been arrested for, they could very well end up receiving a trial date that day.
Contacting a Maryland Gun Attorney
A person should contact an attorney immediately upon being arrested. Although when they are in the middle of processing they will not be able to contact an attorney, as soon as the booking process following a Maryland gun arrest is completed, they can immediately request an attorney. Under Maryland law, people have the right to have an attorney when they are presented to the commissioner. This can be helpful to the defendant because it would be helpful for them to have an advocate at the commissioner’s hearing who can give a lot of information that the defendant probably is not aware of because they are very anxious and concerned about being arrested. Another very helpful service that the attorney can provide is to talking to the defendant’s family members. The attorney can gather information about where the defendant lives, who they live with, how long they have lived there, where they would go if they were released, who is available to potentially pay a bond, etc. A skilled gun lawyer could act as a liaison and a guide, helping the defendant navigate the trial process.