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DUI/DWI Probable Cause   What is expungement? What is expungement? Expungement is the removal of police and court records from public inspection. Expungement does not apply to a record about a minor traffic violation. If you have been charged with a crime, including a traffic violation for which a term of imprisonment may be imposed, you may file a petition for expungement if: --You were found not guilty --The charge was dismissed --The charge resulted in probation before judgment (excluding charges of driving while under the influence or driving while impaired) -- The State’s Attorney did not prosecute (nol prosequi) your charge --The Court indefinitely postponed your case (stet) --Your case was compromised (settled) --You were convicted of only one non-violent criminal act and you were granted a full and unconditional pardon by the Governor WHEN CAN I FILE FOR EXPUNGEMENT? The waiting period required for filing a petition for expungement varies, depending on how your case was concluded and whether you file a General Waiver and Release form. -- If your petition is based on an acquittal, a nolle prosequi, or a dismissal, you may not file a petition within three years after the disposition, unless you also file a General Waiver and Release of all legal claims and lawsuits arising from the charge. -- If your petition is based on a probation before judgment, you may file after either: • At least 3 years have passed since the disposition or • you have been discharged from probation, whichever is later. --If your petition is based on a stet or a compromise, you may not file within 3 years of your case’s disposition. You are not entitled to expungement if: -- Your case had several charges and you were convicted of at least one. -- Since the entry of a probation before judgment, a nolle prosequi, a stet or a pardon, you have been convicted of a crime other than a minor traffic violation or are a defendant in a pending criminal proceeding. HOW DO I FILE FOR EXPUNGEMENT? 1. Pick up the Petition for Expungement of Police and Court Records (Form DC/CR 72) and the General Waiver and Release (Form DC/CR 78) at any District Court location in the state. 2. Complete the forms and make enough copies for the State’s Attorney and each law enforcement agency named in the petition. When completing the petition, you will need to know the date you were arrested, summoned, or cited; the law enforcement agency that took the action; the offense with which you were charged; and the date your case was disposed. If you know your case number, please include it in the space indicated at the top of the petition. 3. Submit the forms and the copies to the court in which your case was concluded. 4. Pay the non-refundable filing fees. HOW LONG DOES THE PROCESS TAKE? The process should take approximately 90 days from the time you file your petition, unless there is an objection or an appeal. If the State’s Attorney and/or the law enforcement agencies object to your petition, the court shall hold a hearing and will notify you to attend. If the State’s Attorney and the law enforcement agencies do not object within 30 days of receiving the petition, the court shall pass an order requiring the expungement of all police and court records about the charges. Within 60 days after entry of the order, all custodians of court records must advise you and the Court that they have complied with the order. Until you receive notice that the agencies have complied, do not assume that your records have been expunged. MUST I DISCLOSE EXPUNGED CHARGES? According to Maryland law: Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required of a person who applies for employment, etc. A person need not refer to or give information concerning an expunged charge when answering a question concerning a criminal charge that did not result in a conviction or that the Governor pardoned. Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for refusal to hire the person. If you have further question about the expungement law, please see Maryland Criminal Procedures Article 10-101 to 10-109. You may wish to consult an attorney to determine how the law applies to your situation. Arrests are made either on mesne or final process. An arrest on mesne process is made in order that the defendant shall answer, after judgment, to satisfy the claim of the plaintiff; on being arrested, the defendant is entitled to be liberated on giving sufficient bail, which the officer is bound to take. 2. When the arrest is on final process, as a ca. sa., the defendant cannot generally be dis charged on bail; and his discharge is considered as an escape. In all governments there are persons who are privileged from arrest in civil cases. In the United States this privilege continues generally while the defendant remains invested with a particular character. Members of congress and of the state legislatures are exempted while attending the respective assemblies to which they belong parties and witnesses, while lawfully attending court; electors, while attending a public election; ambassadors and other foreign ministers; insolvent debtors, when they have been lawfully discharged; married women, when sued upon their contracts, are generally privileged; and executors and administrators, when sued in their representative characters, generally enjoy the same privilege. The privilege in favor of members of congress, or of the state legislatures, of electors, and of parties and witnesses in a cause, extend to the time of going to, remaining at, and returning from, the places to which they are thus legally called. The code of civil practice of Louisiana enacts as follows, namely: Art. 210. The arrest is one of the means which the law gives the creditor to-secure the person of his debtor while the suit is pending, or to compel him to give security for his appearance after judgment. Art. 211. Minors of both sexes, whether emancipated or not, interdicted persons, and women, married or single, cannot be arrested. Art. 212. Any creditor, whose debtor is about to leave the state, even for a limited time, without leaving in it sufficient property to satisfy the judgment which he expects to obtain in the suit he intends to bring against him, may have the person of such debtor arrested and confined until he shall give sufficient security that be shall not depart from the state without the leave of the court. Art. 213. Such arrest may be ordered in all demands brought for a debt, whether liquidated or not, when the term of payment has expired, and even for damages for any injury sustained by the plaintiff in either his person or property. Art. 214. Previous to obtaining an order of arrest against his debtor, to compel him to give sufficient security that be shall not depart from the state, the creditor must swear in the petition which he presents to that effect to any competent judge, that the debt, or the damages which he claims, and the amount of which he specifies, is really due to him, and that he verily believes that, the defendant is about to remove from the state, without leaving in it and lastly, that he does not -take this oath with the intention of vexing the defendant, but only in order to secure his demand. Art. 215. The oath prescribed in the preceding article, ulay be taken either by the creditor himself, or in his absence, by his attorney in fact or his agent, provided either the one or the other can swear to the debt from his personal and direct knowledge of its being due, and not by what he may know or have learned from the creditor he represent. Art. 216. The oath which the creditor is required to take of the existence and nature of the debt of which he claims payment, in the cases provided in the two preceding articles, may be taken either before any judge or justice of the peace of the place where the court is held, before which he sues, or before the judge of any other place, provided the signature of such judge be proved or duly authenticated. Vide Auter action pendant; Lis pendens: Privilege; Rights. Arrest, In Criminal Cases. The apprehending or detaining of the person, in order to be forthcoming to answer an alleged or suspected crime. The word arrest is more properly used in civil cases, and apprehension in criminal. A man is arrested under a capias ad respondendum, apprehended under a warrant charging him with a larceny. It will be convenient to consider, 1, who may be arrested; 2, for what crimes; 3, at what time; 4, in what places; 5, by whom and by what authority. Who May Be Arrested. Generally all persons properly accused of a crime or misdeameanor, may be arrested; by the laws of the United States, ambassadors (q. v.) and other public ministers are exempt from arrest. For what offences an arrest may be made. It may be made for treason, felony, breach of the peace, or other misdemeanor. At What Time. An arrest may be made in the night as well as in the day time and for treasons, felonies, and breaches of the peace, on Sunday as well as on other days. It may be made before as well as after indictment found. At What Places. No place affords protection to offenders against the criminal law; a man may therefore be arrested in his own house, (q.v.) which may be broken into for the purpose of making the arrest. Who May Arrest And By What Authority. An offender may be arrested either without a warrant or with a warrant. First, an arrest may be made without a warrant by a private individual or by a peace officer. Private individuals are enjoined by law to arrest an offender when present at the time a felony is committed, or a dangerous wound given. Peace officers may, a fortiori, make an arrest for a crime or misdemeanor committed in their view, without any warrant. An arrest may therefore be made by a constable, a justice of the peace, sheriff, or coroner. Secondly, an arrest may be made by virtue of a warrant, which is the proper course when the circumstances of the case will permit it.    --b--   Call Now for a Thorough Evaluation of your Case. 410-486-1800