Gaithersburg Criminal Defense Attorneys

Experienced Criminal Defense Attorneys in Gaithersburg, MD

Being charged with a criminal offense can make you fear for your freedom, your reputation, your job, and more. The way law enforcement treated you at the time of your arrest may have been extremely intimidating, and you may even have been injured in the process or treated far more harshly than reasonably necessary. If you have looked up the maximum sentence you could face, you might be very worried about what your future might hold. Rest assured that there is a lot an experienced criminal defense attorney can do to prevent you from facing the type of excessive sentencing Maryland law sometimes allows.

The Law Offices of Gerstenfield & Demirji, PC. is skilled in representing people who are charged with all types of crimes, from simple DUI or underage drinking all the way up to major felonies like murder and rape. You likely have more options than you thought you did. We will carefully review your case to determine what type of defense strategy gives you the best chances of going free or getting a greatly reduced sentence. Our dedicated criminal defense lawyers do not see any case as being hopeless.

Your Options for Preventing a Conviction

The best outcome to any criminal case is being found not guilty at trial or having your charges dismissed by the court. If you are not convicted and do not plead guilty, you will quickly become eligible to have all records of your arrest and prosecution expunged.

The best way to have your charges dismissed is to have your attorney show that there would never be enough evidence for a reasonable jury to convict you. In a DUI case, this is often done by having the results of your field sobriety test or blood and breath tests excluded. Both of these types of tests are imperfect. Field sobriety tests have never been particularly scientific, and a lot of different issues can affect the results of chemical testing.

You should also know that any evidence obtained by unconstitutional means can be thrown out. For example, if the police illegally entered your house to gather evidence of a drug crime like possession, or did not get a warrant or your consent to search for weapons in your place of business, the state cannot use that evidence against you.

You also have the right to go to trial and force the state to prove beyond reasonable doubt that you are guilty. This is where your lawyer can present any defenses you have. If you have been charged with a violent crime, like assault, domestic violence, manslaughter, or murder, you may be able to show that you were defending yourself. You could be found not guilty if your defense succeeds.

Options for Reducing Charges and Sentencing

The most common way lawyers have felonies reduced to misdemeanors, or at least to less serious felonies, is through plea bargaining. If you accept a plea bargain, you will plead guilty to a crime that is less serious than the one you were charged with and accept a sentence far less severe than the one you originally faced. For example, if you were charged with felony DUI for having an extremely high BAC, you may instead plead guilty to misdemeanor DUI or DWI. You would then be eligible for probation instead of incarceration.

Diversion programs for first-time offenders can also help, especially if your offense was driven by substance abuse or a mental health issue. Entering a community-based diversion program can not only keep you from going to jail, but allow you to receive professional help.

Contact a Gaithersburg, MD Criminal Defense Attorney

The Law Offices of Gerstenfield & Demirji, PC. is dedicated to helping people who have been accused of a crime avoid harsh sentencing wherever possible. Our experienced Montgomery County, MD criminal defense lawyers will do all we can to bring about the best possible result. Contact us at 301-589-9500 for a complimentary consultation.