Edward Lulie III
Attorney At Law
Phone 301 371 7403
Frequently Asked Questions about Traffic and Criminal Matters
Why do I need a lawyer? An Attorney defending you is your advocate to be sure that you are properly advised of your rights and to advise you of the best choices available to you. An Attorney can explain the judicial system and give you an idea of where you are and what you are facing in the legal system.
What about jail? Any Must Appear Citation carries a potential penalty of incarceration, so do most criminal charges. The chances of going to jail depend on a number of factors such as the seriousness of the charge, the record of the person charged and often on the desires of the victim in that case. For example, people charged with Driving While Suspended can go to jail for up to a year but that is unlikely for a first offender. Incarceration can be local, at the Frederick County Adult Detention Center or it can be at a State Prison. In Frederick County Maryland there is also a possibility of work release, weekend incarceration and even home detention (there are fees the County charges for those options). Remember that every case is different, even very similar cases may have very different outcomes.
What is a PBJ? Probation Before Judgement (PBJ) is an option that Judges have in some cases which allows them to find someone Guilty and then to strike that out and assign a fine and or probation as well as any conditions that the Judge feels are appropriate. This means that if the person granted a PBJ does everything that he is ordered to do then when his probation is over there would be no conviction on his (or her) record. This does mean giving up the right to appeal but this often has meant a chance for someone who made a mistake to pay for it without having a conviction on their record for the rest of their lives. On the other hand some people given the benefit of a PBJ failed to observe the conditions of probation and not only lost the PBJ and got the conviction on their records but were sentenced to a period of incarceration as well.
Why should I go to Court over a simple speeding ticket? Many people just pay a speeding ticket rather than go to Court feeling that they were caught correctly and not wanting to go to Court. If you have a clean record and want to keep it that way there are few downsides to going to Court. Remember although there may be a printed amount on your citation if you enter the Courtroom the Judge can fine you up to $500 for your ticket. Many times if the Judge is presented with a clean driving record they may grant a reduction in the points or even grant a PBJ so that there are no points. Once points appear on your record you risk increased insurance rates and take a real chance that if something happens to give you more points you might be facing an MVA hearing, or worse a possible suspension. Keeping that first point off your record is important.
Juvenile Cases These days we have seen a great increase in Juvenile Cases. It is very important that if your child is charged with an offense that you get legal representation for him or her. These cases are very serious and a child found delinquent could be removed from the home and sent to a foster home or institution. Although sometimes the matters may not seem serious in themselves it may be an indication of a child that has problems that may need attention. Treat these cases seriously, they are important.
If you have a question or want to set up an appointment call 301- 371-7403 or send me e-mail at edward.lulie@lulie.com