Representation in Maryland District & Circuit Courts
If you’re charged with or accused of a crime, seek legal advice before discussing the allegations with investigators. Even if you’re innocent, your statements can become part of the prosecution’s case. Early counsel can review the charging documents, advise you about communications with law enforcement, identify court dates and release conditions, and begin evaluating the available options.
Our firm, Anthony A. Fatemi, LLC, represents people facing criminal charges and serious traffic matters in Maryland District and Circuit Courts. Since our founding in 1999, we’ve handled matters involving DUI and DWI, driving without a license, driving on a suspended license, drug possession, theft, assault, sex offenses, and other criminal charges and traffic citations. Anthony A. Fatemi brings extensive trial experience and has also negotiated plea agreements with Assistant State’s Attorneys when a negotiated resolution serves the client’s interests.
All criminal defendants are presumed innocent unless convicted. At trial, the prosecution must prove every required element of the charged offense beyond a reasonable doubt. We examine whether the evidence meets that burden and whether legal, factual, or procedural issues affect how the case should be handled.
What to Expect from Our Gaithersburg Criminal Defense Attorneys
A criminal case may begin with a citation, charging document, summons, or arrest. Depending on the allegations and procedural history, it can proceed through hearings, negotiations, motions, trial, or another court resolution. We explain each stage and prepare a strategy based on the charges, evidence, and your goals.
Our review and preparation can include:
Early case assessment: We review the allegations, charging documents, court dates, and other time-sensitive issues so you understand the next steps.
Evidence and procedural review: We examine police reports, available body-camera footage, witness statements, identification procedures, and the circumstances surrounding stops, searches, seizures, or questioning.
Strategic motion practice: When supported by the facts and law, we can pursue motions concerning evidence, identification procedures, procedural defects, or other disputed issues.
Negotiation with prosecutors: We evaluate proposed plea agreements and other negotiated resolutions without assuming that an offer is the right choice for every client.
Trial preparation: When a case proceeds to trial, we prepare to examine witnesses, challenge the prosecution’s evidence, raise appropriate objections, and present the defense theory.
Protect information and preserve materials related to the allegations:
Don’t discuss the case with anyone except your attorney, including through text messages or social media.
Write down details while they’re fresh, including times, locations, names, and what was said.
Collect documents you’ve received, such as citations, summonses, bail paperwork, charging documents, and court notices.
Preserve relevant evidence without deleting, destroying, editing, or altering messages, photographs, documents, or other materials.
Follow release conditions and any protective order while obtaining advice about what those restrictions require.
Act quickly because bail, protective orders, court preparation, and the direction of the case may require early attention.
Criminal Charges & Immigration Consequences
A plea, conviction, or other criminal disposition can have immigration consequences for a noncitizen. The potential effect depends on factors such as the person’s immigration status, the charged offense, the final disposition, criminal history, and procedural history. A misdemeanor label doesn’t necessarily mean that an immigration concern is minor or that a particular consequence is automatic.
Our legal team handles both criminal defense and immigration matters. This combined perspective allows us to consider the criminal case alongside potential issues involving immigration status before a client decides whether to plead guilty, accept a negotiated disposition, proceed to trial, or pursue another available resolution.
Noncitizen clients should tell defense counsel about their immigration status as early as possible, even when they believe the status is unrelated to the charge. We also handle post-conviction and coram nobis matters. Coram nobis is a legal procedure that may allow a person who is no longer serving a sentence to challenge a conviction based on a significant legal or constitutional error. Anthony A. Fatemi also has English and Farsi court-eligible interpreter capability.
“Anthony Fatemi Law is a professional legal firm. They staff are very knowledgeable, professional, and friendly.”
Hakima A.
“Top-Notch Immigration Services”
“I am beyond grateful and impressed with the exceptional service provided by Anthony Fatemi and his entire team! They handled my citizenship case with professionalism, expertise, and compassion.”
Moufoutaou L.
“Everything Was Handled Smoothly”
“Going through a car accident was incredibly stressful, but Mr.Fatemi and his team’s professionalism, guidance, and care made all the difference.”
Sepideh E.
“Outstanding Teamwork”
“Outstanding teamwork that went into making the green card application from Mr. Fatemi’s office. My wife and I are extremely grateful and lucky to have Mr. Fatemi support through this process. I will be recommending to family and friends.”
Diego R.
“Servicios de Inmigración de Primera Clase”
“¡Estoy más que agradecido e impresionado con el servicio excepcional brindado por Anthony Fatemi y todo su equipo!”
Moufoutaou L.
“Recomiendo Ampliamente Sus Servicios”
“Anthony Fatemi Law es una firma legal profesional.”
Crimes can be divided into two general groups: misdemeanors and felonies. Misdemeanors are generally considered less serious than felonies, but Maryland doesn’t impose one universal maximum sentence for every misdemeanor. The applicable statute, degree of the offense, prior record, and facts of the case determine the possible incarceration, fines, probation, and other consequences.
Common misdemeanor allegations can include petty theft, drunk driving, reckless driving, vandalism, and certain drug possession offenses. Although these charges may carry lower maximum penalties than many felonies, a conviction can still affect employment, driving privileges, professional licensing, immigration status, and other parts of a person’s life.
Felonies are more serious criminal charges, but their potential penalties also depend on the particular statute and circumstances. Possible consequences can include incarceration, fines, probation, supervision, treatment or educational conditions, driver-related consequences, and professional or immigration effects. We handle a wide range of felony matters, including assault, grand larceny, sex crimes, murder, drug sales, and kidnapping.
The court handling a case can depend on the charge and procedural posture. The District Court of Maryland handles misdemeanors and certain felonies but doesn’t conduct jury trials. Maryland Circuit Courts generally handle more serious criminal cases and jury trials. An accusation or charge isn’t the same as a conviction, and cases can end through dismissal, acquittal, a negotiated disposition, conviction, or another resolution based on the facts and law.
Potential Defenses to Maryland Criminal Charges
Possible defense issues depend on the charged offense, available evidence, procedural history, and case-specific facts. Some issues concern whether the prosecution can prove a required element, while others involve justification, identity, witness credibility, or whether investigators followed constitutional and procedural requirements. No single defense applies to every case or guarantees a particular outcome.
Intent & Required Elements
Crimes are often analyzed through the defendant’s physical act, known as the actus reus, and the required mental state, known as mens rea. Mens rea means “guilty mind” and can refer to intent, knowledge, recklessness, or another mental state specified by the offense. Some crimes impose strict liability, which means the prosecution doesn’t need to prove intent, but mental state is a crucial element of many charges.
The prosecution generally must prove each required element beyond a reasonable doubt. We can examine whether the evidence supports the alleged act, the required intent, the accused person’s identity, and every other element defined by Maryland law.
Justification, Alibi & Identification
Self-defense may be relevant when a person claims that force was legally justified under the circumstances. An insanity defense concerns whether a qualifying mental condition affected criminal responsibility under the applicable legal standard. Each issue requires a detailed examination of the evidence and controlling law.
An alibi places the accused somewhere else when the alleged offense occurred. Relevant evidence might include witness testimony, records, photographs, video, or electronic data. Identification can also become a disputed issue when a case depends on eyewitness testimony, a photo array, surveillance footage, or another identification procedure.
Searches, Seizures & Statements
Procedural issues may arise from a traffic stop, detention, arrest, search, seizure, or interrogation. We review whether officers had the required legal basis for their actions, whether a warrant was valid and properly executed, and whether an exception to the warrant requirement applied. Anonymous tips, reasonable suspicion, probable cause, and the scope of a search can all affect the analysis.
A motion to suppress asks the court to exclude evidence obtained in violation of applicable rights. Suppression isn’t automatic simply because a search or arrest is disputed. The court must evaluate the facts, testimony, and law before deciding whether particular evidence can be used.
“Miranda” warnings generally concern custodial interrogation rather than every arrest. If officers question a person in custody without providing required warnings, certain statements may be inadmissible in the prosecution’s case. Other questions can involve whether a statement was voluntary, whether the person invoked the right to remain silent or requested counsel, and whether questioning should have stopped.
Case Strategy & Court Preparation
After reviewing the evidence, we can assess whether a motion to suppress, motion to dismiss, evidentiary objection, negotiated disposition, or trial strategy is appropriate. Our work can include challenging prosecution evidence, cross-examining witnesses, addressing prosecutorial or procedural errors, reviewing jury instructions, negotiating plea terms, and preparing for trial. We also handle qualifying post-conviction and coram nobis matters.
