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Ask Bob...

Here, Bob weighs in on some of the most frequently Asked Legal Questions

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General Questions
DUI-Specific Questions
Criminal Defense

General Questions

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Q: What should I do if I'm arrested?

A: Exercise your right to remain silent and ask for an attorney immediately. Do not discuss your case with police without your lawyer present. Contact BobSmithLaw as soon as possible.​

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Q: How does your prosecutor background help my defense?

A: As a former Senior Assistant State's Attorney, I understand exactly how prosecutors evaluate cases, what evidence they need, and how they build their arguments. This insider knowledge allows me to anticipate their strategy and build stronger defenses. I can recognize weaknesses in their case, and I know what prosecutors will negotiate on and what they won't compromise about.

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Q: How much does criminal defense representation cost?

A: Legal fees vary depending on the complexity of your case. During your free consultation, we'll discuss fee structures and payment options that work for your situation.

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Q: Do you offer payment plans?

A: Yes, we understand that legal fees can be a burden. We work with clients to develop payment plans that fit their financial situation.

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Q: How long will my case take?

A: Case timelines vary greatly depending on the charges and complexity. Some cases resolve quickly through negotiation, while others may require trial preparation over several months.

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DUI-Specific Questions

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Q: Will I lose my license if charged with DUI?

A: Not necessarily. There are two separate proceedings—criminal court and MVA administrative hearings. We can fight together in both cases to protect your driving privileges.

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Q: Can I refuse a breathalyzer test?

A: You have the right to refuse, but there are consequences, including license suspension. The best choice depends on your specific situation.

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Q: Is a DUI a felony?

A: No, not in Maryland. But, by the time a defendant goes through the system paying fines, probation fees, treatment fees and for an attorney, he might feel like he has been charged with a felony. The consequences of a DUI charge are wide-ranging, and can severely impact a driver's employment and family life. Thus the need to consult with an experienced attorney.

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Criminal Defense Questions

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Q: What's different about hiring a former prosecutor and police officer vs. other defense attorneys?

A: Most defense attorneys have to guess how prosecutors think. I don't have to guess—I know. I've sat in their meetings, made their decisions, and used their strategies. I also know what questions to ask law enforcement on the stand - I've been there. This gives me a significant advantage in building your defense and evaluating your case.

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Q: Should I plead guilty to get it over with?

A: Never plead guilty without understanding all your options. Even if the evidence seems strong, an experienced attorney may identify defenses or negotiation opportunities - both on the charges, and on a potential outcome.

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Q: What's the difference between a felony and a misdemeanor?

A: Call me to discuss. Felonies generally carry potential sentences of more than one year in prison, while misdemeanors carry less than one year. There are exceptions to this general rule, but know that the distinction between being charged with a Felony versus a Misdemeanor will indeed affect many aspects of your case and future.

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