The criminal justice system in Maryland affects nearly every individual at some point in his or her lifetime. Contact with the system ranges from a mere traffic ticket to incarcerable offenses. In Maryland, a crime is any behavior that is punishable by incarceration or fine or both. The legislature determines which acts are considered criminal and then these acts are divided into two categories, namely felonies and misdemeanors. This division is based on the potential punishment. If the act is punishable only by a fine, such as a parking ticket, it is usually not considered a crime.

To be charged with a crime is to be formally accused of that crime. Police officers begin the charging process with an arrest or a citation. The police then send copies of their reports to the State’s Attorney, who then decides what charges, if any should be filed. The State’s Attorney is permitted to examine all circumstances of the case, including the suspect’s past criminal record, when determining whether charges should be filed.

If a felony is involved, the prosecutor sometimes leaves it to the grand jury to make the charging decisions. Grand juries are made up of randomly selected individuals who listen to evidence and determine whether charges should be brought against a certain individual. The proceedings are secret, but is possible in some cases if the suspect is indicted, for the accused to obtain transcripts of the proceedings.

If the prosecutor decides to file a complaint rather than present the case to the grand jury and the case is a felony, the defendant is entitled to a preliminary hearing. At this hearing the prosecutor must show that the state has enough evidence of the crime to convict the defendant. If the case proceeds by grand jury, no preliminary hearing is necessary.

After charges are filed, the defendant is legally presumed innocent until he or she is convicted of the crime. This presumption means the prosecutor must convince the trier of fact (a judge or jury) of the defendant’s guilt. The defendant need not say anything in his or her defense. Thus the prosecutor must prove beyond a reasonable doubt the defendant’s guilt, and if this cannot be proven, the defendant goes free.

The standard for proving guilt in a criminal case is "beyond a reasonable doubt" which is very high standard to meet. As a practical matter, this high standard means that judges and jurors are supposed to resolve all doubts in the defendant’s favor. With such a high burden of proof, a common defense is to argue that there is reasonable doubt that the defendant committed the crime.

Sometimes, a defendant can avoid punishment even if the prosecutor shows without out a doubt that the defendant committed the crime. Self-defense is an example of this situation. Self-defense is usually asserted by someone charged with a crime of violence. The defendant admits that he or she did commit the crime, but claims it was justified because of the other person’s threatening actions. Self-defense can be difficult to prove, and if the facts are not clear, it is a defense that is used with caution, because the defendant is admitting he or she committed the alleged act.

The most important aspect of criminal law to remember that the burden of proving a crime is on the prosecution. Therefore, if you are charged with a crime, you do not have to prove your innocence, although it sometimes seems as if that is the case. To find out more information about a specific crime, please contact us.