Why does everyone keep telling me Ocean City DUI and Criminal cases need a lawyer who is based in Ocean City?
Each judge in the State is different. Each courthouse in the state is different. Attorneys who practice regularly in a given jurisdiction are familiar not only with the law, but with the people, police officers and court personnel in that jurisdiction. The same is true in Ocean City. Brian has developed familiarity with the unique issues in Ocean City, and this experience is of benefit to his clients.
Does Brian H. Clark appear regularly in Ocean City?
Yes. Attorney Brian H. Clark resides in Ocean City near the courthouse during much of the year, including daily throughout the summer season. He regularly appears in the Ocean City area courts and has successfully defended clients in DUI and criminal cases there for over a decade. He grew up in Ocean City during his formative years and graduated high school in 1987 from Stephen Decatur High School outside Ocean City.
What is a PBJ?
PBJ stands for Probation Before Judgment and falls under Section 6-220 of the Criminal Procedure Article of the Maryland Code. Generally speaking, a PBJ is not a conviction, but results in supervised or unsupervised probation for a certain term. Though a PBJ is not a conviction, it could result in complications to immigration or other legal issues.
Can a PBJ be expunged?
Yes, a PBJ can be expunged. An expungement is a state process to shred the records, remove them from certain state websites and afford certain individuals the right to proclaim they never were convicted. There are limitations to this and issues with the federal authorities expunging cases on a timely basis.
When is my case eligible for expungement?
Generally, it requires 36 months from the disposition of your case for it to be eligible for expungement.
Can I expunge it sooner, please?
Yes, if your case is dropped or you are found not guilty, we can assist you with immediate expungement.
What if I get a PBJ and can’t wait 36 months?
Brian can use the leverage of the early expungement laws in Maryland and assist you, if you qualify, to expunge the case generally after 12 months.
Is there a charge for expungement?
It depends on the circumstances. Brian can let you know how this applies in your case.
Will I be able to reach Brian directly before and after my case?
Absolutely. You will be given his personal cell phone number to bypass the receptionist so you can call or text directly.
Where will my case be heard?
If you were arrested or cited in the town limits of Ocean City, then your case is should be heard at the 65th Street courthouse on the bayside at 6505 Coastal Highway. The criminal docket starts at 9 a.m and the traffic at 1 p.m.
What if I was arrested just outside Ocean City?
If you were arrested in Worcester County, but outside of the Town of Ocean City, your case will then be heard at the Snow Hill District Courthouse at 301 Commerce Street in Snow Hill, MD. If your case is a felony or you appeal certain District Court cases then your case is at the Worcester County Circuit Court at 1 West Market Street in Snow Hill.
If I postpone my case, will the court fines be higher?
Your attorney can ask the judge to allow time for you to pay the fines. There may be strategic or practical reasons why a case needs to be postponed. If applicable to your case, Brian will discuss this with you and let you decide.
Should I dress up for court?
Absolutely. Although Ocean City is a beach town, its courts are serious business. Court attire shows respect for the system. Suggested court attire consists of business attire.
What type of offenses could possibly result in jail time?
It varies, but can include theft cases, assaults with injuries, drug offenses, repeat DUIs, and other offenses. Brian has successfully represented clients and won full not guilty verdicts in all these type cases and will confer with you on all options and strategies for the best result. He will also advise of the issues your judge will want addressed in your case. First, we seek to win your case. If not, we seek a soft landing for you.
I was charged with assault in a fight at a nightclub, but not arrested at the scene. Why?
Certain offenses like second degree assault that are not committed in the presence of an officer may routinely be charged through a summons sent to your home by certified mail.
Is it better I was not arrested at the scene?
It makes no difference to the factual and legal basis of your case. It does not mean your case is treated less severely than those arrested who had to go to jail that night. Call for details.
What should I do if I got a citation for possession of an open container of alcohol in Ocean City?
Contact Brian immediately. This charge is a town ordinance/law that was enacted in 2012 that made it a jailable, criminal offense punishable by up to 90 days jail and $500 dollars.
If you have any further questions not addressed here or in need of a criminal defense attorney please contact us.