MIP in Maryland

[Giant123]

My question involves criminal law for the state of: Maryland

I apologize if this is a very lengthy and wordy post but I just want to make sure to include everything, advice would be greatly appreciated. I posted about a month ago about my situation, things have moved along since then.

On August 21st, 2008 at about 12:30 AM, I was pulled over for failing to drive right of center on a two way road. I provided my true lisence and registration to the officer when asked to. He went back to his car to check my documents, it took him atleast 15-20 minutes to do this. The next thing that happend is another police car pulled up to where I was stopped. The officer who pulled me over asked me to step out of my car and sit on a curb. The cop who just arrived had a drug dog with him. They told me, as it was happening, that they were letting the dog sniff my car for any drugs.

After the dog made its round, the officers said it had indicated there was something in my car. They informed they were going to be searching my car for marijuana. Through this process, which took a very long time, they repeatedly told me I should just fess up to having weed in my car, because they could just scrape up enough to convict me, even if I really didn't have a stash. The officer who was standing right by me as we waited told me numerous times that they had already found a joint and some seeds.

"If you just tell the truth right now, we'll let you go."

I was confident I didn't have any so I said no. They weren't able to find any weed, but I did have alcohol in my trunk. A 30 pack of beer, still closed. They pulled that out and questioned me on it, I admitted to the beer being mines, they wrote me an MIP for it.

In addition, while they were doing the search, before finding the alcohol, one of the officers patted me down, he said he was checking for weapons. In my pockets, he found my cell phone, car keys, and wallet. He went through my wallet, all of the cards which were in there, and found a fake ID.

In total, they got me for an MIP (criminal violation), Posession of a fictious lisence, failing to drive right of center, and a seatbelt violation.

I decided to get a lawyer after asking around, including on here. When I told my lawyer the details, he said it would be pretty easy to argue an illegal search here. In terms of the time they held me during a simple traffic stop before the dog showed up, and me not giving any consent to any type of search. I paid the lawyer $400 of the total $750 he's charging already.

The court date which was set was July 22nd. Very recently, the States attorney called me and informed me about their diversion program. She said she had spoken with the prosecuting attorney and they agreed that if I enrolled in this program, they would dismiss the fictious lisence charge in court, and prevent the MIP from going to trial (which I could then get expunged.)

This works out for me, except for the fact that I already have a lawyer now who is ready to argue an illegal search case. Should I tell him that I really don't need him anymore? Do you think he would refund the money I've already given him, or probably even ask me to give the full price anyway?

Thank you in advance for any advice.

[standish]

MIP is not a criminal violation, first off. The statute explicitly states that it is to be treated as a non-criminal civil offense. Ditto for the fake ID, although the MVA will know about it.

The maximum fine for the MIP and fake ID is $500, and you cannot be sent to jail. You already spent more on lawyers that the maximum fine for the offense.

Despite it being a civil offense, you still have the same rights to a evidentiary hearing as with a criminal charge. So you could use the illegal search defense.

What the prosecutor is offering you is a plea bargain to plead guilty to MIP, the judge will give you a PBJ (deferred judgement), and the fake ID will be nol prossed (dropped). Getting the fake ID charge dropped is the best part, IMO, because the MVA won't know about it.

Don't forget to ask for a PBJ for the traffic offenses when you go to traffic court! Insurance increases make fines look like Weimar Republic notes.

[Giant123]

Thanks, thats helpful. But do you think I should keep my lawyer around? Maybe get him to ask for PBJ? Maybe then I'll be pushing their limits and they'll stop giving me free passes on this.