Maryland Criminal Lawyer

The Herbst Firm's Maryland criminal defense lawyers take pride in client centered representation. We believe that while skill and command of the courtroom make for a successful lawyer, they do not necessarily make for a complete lawyer. The Herbst Firm focuses not only on results but also on personal attention and compassion. It is our goal to achieve the best possible outcomes for our clients and also to keep them informed every step of the way. If you want the services of a complete lawyer for your criminal case contact the Herbst Firm for a free consultation at any time, 24 hours a day.

Relentless Criminal Defense.

Being charged with a crime can be one of the most stressful and frightening events that one can experience. It can feel like the whole world is turning against you, and not just the police and the prosecutors. Friends, and even family members can read a police report or hear about criminal charges and make assumptions about you. All defendants are presumed innocent under the law, but out in the community your reputation will suffer the minute you are arrested. This is exactly why you need to hire a Maryland criminal lawyer that will be completely devoted to fighting for your rights and for your freedom. The Herbst Firm will relentlessly work with passion and energy to resolve your criminal case and achieve the best possible outcome. The Herbst Firm will not settle your case unless you are completely satisfied, and our firm will never shy away from fighting your case at trial. Do not wait to hire a criminal defense lawyer! The early stages of a criminal investigation are a critical time for a defendant to have representation. Police and prosecutors often receive the majority of their evidence from the defendants themselves, and a lawyer can prevent this from happening, and assure that your rights will be protected. Just because a suspect has the right to remain silent does not mean all law enforcement officers will take this right seriously. Many police officers will make false promises and tell a suspect everything will turn out okay if there is cooperation, but this could not be further from the truth. The minute a suspect begins talking the police are looking for a way to use the words against the suspect. If you are arrested or being investigated say you want a lawyer and do not give in to the false promises of a police officer. You can always go back and talk at a later date, but you'll do it with a lawyer in your corner protecting your rights.

The criminal defense division of the Herbst Firm handle cases in all Maryland jurisdictions including Baltimore, Anne Arundel County, Montgomery County, Prince George's County, Howard County, Frederick County and the entire Eastern Shore. We also handle Federal cases in the United States District Courts in Greenbelt and Baltimore City. Benjamin Herbst, the Firm's lead criminal defense attorney has represented clients in numerous types of criminal cases including DWI and DUI, drug possession and distribution (marijuana, cocaine, heroin, prescription pills, etc.), theft, robbery, murder, burglary, gun crimes, suspended license, disorderly conduct, assault, prostitution, and probation violations. We will aggressively represent defendants facing federal drug trafficking, conspiracy, extortion, and racketeering charges. Benjamin is also an experienced juvenile crimes attorney, having dealt with numerous cases involving teenage defendants. He handles juvenile cases from intakes hearings all the way up to trials at the various circuit courts around the state. The laws in Maryland can be extremely tough for juvenile defendants that are charged with certain felonies such as robbery and first degree assault. Even if the defendant is under the age of 18 he or she will be arrested and charged as an adult, and could face being detained at an adult jail. Juvenile defendants that are in custody on adult charges are separated from the general population until their 18th birthday, but the conditions at these adult facilities can be harsh and demoralizing. Minors do not receive suitable education and counseling while in jail, which makes it all the more important to retain an attorney that has experience filing additional bail reviews, juvenile transfer of custody motions and reverse waiver motions.

Benjamin will never take on a criminal case with the expectation that his client will simply plead guilty. He will put in the work to make sure his clients receive the best possible outcome, even if this means taking the case before a jury. Criminal trials are unpredictable, which makes it all the more important to have an attorney who has seen it all. Benjamin has represented thousands of clients in criminal and traffic charges in dozens of different court houses, and there is no case too big or small. He has also represented hundreds of clients facing violation of probation charges, and treats theses cases with the same care and effort as a new charge. In the last couple of years there have been drastic changes in the laws regarding VOP cases and Benjamin knows how to use these changes to the advantage of his clients. Some defendants believe the new law governing technical probation violations will apply to their cases, and assume that a lawyer will not be necessary but this can be a mistake. Catching a new charge is not the only non-technical probation violation, as the law is more complex than many people realize. Benjamin knows all the ins and outs of the new probation law under the Judicial Reinvestment Act (JRE) and can provide a free consultation anytime about this new law.

Benjamin Herbst also handles civil cases involving peace orders and protective orders. While these cases are considered civil, they have potential consequences that are similar to criminal cases and therefore should be handled by a criminal defense lawyer. If a person has a peace or protective order granted against him or her the case could become part of the permanent public record, which could be easily accessible by employers, schools and potential partners. Additionally, violation of peace and protective orders could lead to new criminal charges that carry up to 1 year in jail. Treat a peace or protective order case with the same type of caution that you would a new criminal charge, and never walk into court without representation.

If you have a new pending criminal, traffic or protective/peace order case, or even think you are being investigated for a crime there is no reason to try to go at it alone. Additionally, if you have an outstanding arrest or bench warrant, even if it's many years old, there is no reason to sit back and wait to be arrested or to hope the police will forget about it. Warrants do not do away on their own, and Maryland criminal lawyer Benjamin Herbst can help recall your warrant and close your case once and for all. Call us today for a complete explanation about the process and what the likelihood is that you won't have to spend even an hour in jail.

Experienced Felony and Misdemeanor Trial Lawyer

The Herbst Firm's main criminal attorney Benjamin Herbst has the knowledge and experience to work all angles of the case to ensure the best possible outcome.  The minute he is hired Benjamin will look at all possible defenses including warrantless searches, unlawful traffic stops, witnesses with motivation to lie, self defense and plain old bad police work.  He understands that being charged with a crime is one of the most daunting life events to deal with, and he takes his job personally.  Nothing but the best outcome will be satisfactory, whether it is a dismissal before the first court date or an acquittal after a full jury trial.  Benjamin has seen and worked with just about every crime on the books, and has tried over 75 cases in front of a jury including murder in the first degree, attempted murder, first degree assault, arson and felony firearm offenses.  He has earned acquittals in crimes in crimes that carry life in prison and has also won dozens of misdemeanor and felony court trials in the District Court. 
Benjamin never tries to convince his clients to take a plea and never looks for the easiest way out.  He his 100% committed to achieving the best result regardless of how much time and effort that takes.  Benjamin prepares every case as if it is going to a full trial, but never stops negotiating with the State a reduction or dismissal of charges.  The absolute two most important goals in any criminal case are no jail and no criminal record.  Benjamin fights just as hard in the misdemeanor theft case as he would in a felony robbery case, because all defendants deserve committed representation.  Benjamin recently secured a jury acquittal for a defendant charged with felony possession of a firearm by a convicted felon and also earned a recent acquittal in a recent second degree assault and fourth degree sex offense case.  He has also negotiated for the dismissal of numerous assault cases and charges for rape, sexual abuse of a minor and carjacking.  Victims have the power to bring false charges too easily in Maryland, but attorney Benjamin will not allow his clients suffer due to the lies of another person.  Call or email Benjamin anytime for a no obligation consultation 7 days a week.

Maryland DUI Lawyer

Benjamin Herbst represents drivers in all traffic offenses in Maryland, and has successfully defended more than 1,000 clients charged with DUI and DWI.  Being arrested for drunk driving can happen to anyone, including those who are not impaired.  Benjamin has represented hundreds of professionals including doctors, lawyers, teachers, and government employees and contractors and knows how important it is to keep his client's record clean.  He has also represented numerous out-of-state-residents and has experience assisting clients in dealing the motor vehicle departments in their home state.  Benjamin has also represented dozens of juveniles and young adults under the age of 21, and can assist with the the unique laws regarding alcohol restriction violations for minors.  He regularly reviews the ins and outs of the Maryland Transportation Article, and will use all available defenses to keep you out of jail and your license valid. 

Drivers who are arrested for drunk driving typically receive a minimum of two citations, and often receive as many as five for the same incident.  If an accident occurred, or if the driver failed to stop right away it is not unusual for a driver to receive 10 or more citations with thousands of dollars worth of fines.  This may seem like overkill, and it is, but this is completely normal.  State police officers will generally charge DUI, DWI and DUI per se if the driver tested above .08 on the breath test.  Many cops will then add reckless driving, negligent driving, speeding, following too closely or any other violation they think applies including driving under the influence of drugs.  A driver who receives multiple payable tickets is better served holding off on paying all the tickets until court, as Benjamin generally is able to have many if not all of these tickets dismissed at trial.

Maryland has some of the busiest highways in the country, and there has been a conscious effort by the State Police and local departments to patrol for DUI on the busiest roads.  There are stretches of the Baltimore Beltway (695), Interstate 95, Capital Beltway (495), Interstate 83 and Route 50 where cops are patrolling specifically for impaired driving.  Law enforcement officers are also patrol local streets such as Coastal Highway in Ocean City and Route 40 in and around Baltimore to look for drunk drivers.  Federal police officers also patrol the BW Parkway (295) and other parkways maintained by the feds such as the Clara Barton.  This is especially true on holidays and weekends, where dedicated teams patrol through the night.  Benjamin knows that many of these roads can be confusing, and GPS apps such as Waze often take people down less traveled routes.  If a person is pulled over for making an abrupt lane change or even driving down a wrong way street it does not necessarily mean they are impaired, though cops rarely see it this way.  Benjamin knows how to win state and federal drunk driving cases regardless of where the alleged offense occurred, as he has successfully represented clients charged with DUI in almost every Maryland state and federal court

Anyone charged with DUI in Maryland has to deal with the court system and the MVA, and neither should be handled without a competent lawyer.  Benjamin can challenge the MVA's decision to suspend a license or privilege to drive by taking the case to an administrative hearing, and he can also argue for a restricted license if the law allows for it.  Maryland law imposes a 9 month driver's license suspension on anyone who refuses to take an alcohol test upon being arrested for DUI and police will confiscate the driver's license unless it is from another state.  Out-of-state drivers will lose their ability to drive legally in Maryland for 9 months for a refusal.  This suspension can be avoided by installing interlock or fighting the MVA at a hearing.  Those who test over .08 but under .15 will lose their license or privilege to drive for 6 months and may be eligible for a restricted license that permits driving to an from work.  Testing .15 or higher will trigger the higher 9-month suspension and no possibility of a restricted license.

There are a variety of things that a driver should do upon being charged with DUI in order to obtain the best outcome, including enrolling in an alcohol education class.  Benjamin is an experienced Maryland criminal attorney who assists his clients in all aspects of the defense, including during weeks and months prior to court.  He fights to put his clients back in the position they were in before the arrest regardless of whether it is a first offense or a third, fourth or fifth DUI.

Probation Violations

Almost all criminal and DUI cases that end in a guilty plea or verdict result in some sort of probation.  Probation can be unsupervised, which means the State will typically just run a record check once in a while to see if there has been a new arrest, but most probation terms are supervised and the defendant is assigned an agent and a supervising agent.  Probation agents can be easy to work with or can be extremely difficult or downright rude.  In Maryland most probation violations occur if a defendant either stops reporting or is arrested for a new offense.  Other common probation violations include failure to complete treatment or failure to pay restitution.  The first step in a Maryland probation violation is the agent sending the violation report to the judge, who will either take no action, issue a summons or issue a bench warrant.  Anyone arrested for a probation violation faces the prospect of being held in custody until their hearing, but Benjamin can intervene by filing a motion to recall the warrant- also called quashing the warrant.  He continues to be highly successful in motions to recall violation of probation warrants, but the fight continues after that.  A Maryland defendant who's probation is violated faces up to 15 days in jail for a first technical violation, though missing more than one appointment makes the violation non-technical.  Non-technical probation violations could result in the defendant serving the entire suspended sentence, though Benjamin will do whatever it takes to make sure this does not happen.  Even if a person has violated by committing a new offense, there is still much to fight for.  Defendants that are prepared and represented will have the best chance of avoiding serving back-up time.  Benjamin is a Maryland VOP lawyer who has an excellent record of minimizing sentences in even the worst of violations.

Drug Crimes

Even with the 2023 legalization of marijuana, drug crimes will continue to be one of the most common criminal offenses in the criminal courts.  Benjamin has successfully defended clients facing charges ranging from simple possession of drugs such as cocaine, pills and heroin all the way to drug trafficking violations such as importation, volume dealer, manufacturing and possession with intent to distribute.  He has gone up against federal and state prosecutors and come out on top by minimizing punishment and in many cases having charges dropped all together.  Some of Benjamin's drug crime victories include a jury trial where a drug deal was caught on police video, and the dismissal of manslaughter charges where a defendant was charged in connection with an overdose death.  Benjamin know the defenses and the strategies to win drug possession and distribution cases regardless of the severity and quantity.

Marijuana may be legal for some in Maryland, but that does not mean police will stop enforcing laws such as possession with intent to distribute, possession of marijuana by a minor under the age of 21 and unlawful manufacturing.  Maryland criminal lawyer Benjamin Herbst continues to fight harsh pot laws even if our state has experienced tremendous evolution over the last few years.

Bail Reviews

Being stuck in jail waiting for a case to go to court can often be the worst park about a criminal case.  While there is much talk in the media about inmates being released, the fact of the matter remains that too many innocent defendants are being held without bail.  The bail system in Maryland has improved, but it is still far to easy to "have someone locked up" without presenting actual evidence to police or the Court Commissioner.  Winning a bail review takes more than just showing up and arguing that the defendant is a good person.  Benjamin will not only point out the weaknesses in a case, but also takes the time to get to know his client's background and family before arguing for release.  It is of key importance to get a judge to see the defendant as a human and not just a name in a one-sided police report.  Benjamin has argued for the release of hundreds of individuals who do not deserve to be in jail, and continues this fight even after a judge has said no.  He can file for a second bail review or habeas corpus motion, which is basically a bail review appeal to the circuit court.  The State will typically ask for a defendant to be held without bail before checking to see if there is enough evidence to even establish a case, but a Maryland lawyer who specializes in criminal defense will fight back, and can be the difference between freedom and several months of incarceration.

Gun Crimes

Maryland gun laws are harsh and confusing, which can be especially dangerous for those who choose to possess a firearm in this state.  Benjamin has been fighting to defend clients facing state and federal gun charges for years, and knows exactly how harsh the laws can be here.  He has won gun possession cases at jury trial and has successfully argued for the dismissal of numerous others, including those on federal property such as military bases.  Benjamin has also won cases involving defendants from other states such as North Carolina, Texas and Virginia, where the laws are much more relaxed.

In some jurisdictions even a first offense misdemeanor violation of the Maryland wear, transport and carry law can result in a jail sentence.  The laws are getting stricter for guns and the sentences are getting longer, but Benjamin can shift the balance of power in his client's favor.  He has successfully represented convicted felons charged with illegal possession of a firearm, juveniles, government contractors, former and retired military and a host of other individuals who are facing the strict state's gun laws.  He also has experience representing individuals charged with gun crimes at BWI airpor, the Port of Baltimore and various military installations such as Fort Meade and the NIH.

Juvenile Charges

There is no comparison to the feeling a parent has when finding out their child has been arrested or is about to be charged with a crime.  Benjamin has been fighting to protect juvenile respondents for decades and knows these cases are unique.  Juvenile defendants are not just young clients, as their cases involve so much more including working with the family and assuring that education will not be interrupted.  Benjamin has the patience and knowledge to navigate all the complex laws in the Maryland juvenile criminal justice system to assure the child's future is not harmed.  He has successfully argued for the transfer of numerous violent felonies including robbery and first degree assault, and has achieved dismissals in dozens of other juvenile criminal cases in court or at the intake hearing phase.  Benjamin also handles student conduct hearings with the Board of Education and other disciplinary hearings in Maryland that may require a criminal lawyer.

Domestic Violence

Domestic crimes account for a large percentage of the cases in Maryland state courts, and in come jurisdictions there are entire units for domestic violence cases.  Whether it is a trespass or harassment case or more serious offense such as first and second degree assault Benjamin is dedicated to defending anyone involved in a Maryland domestic violence case.  He has won trials for felony assault and false imprisonment and also for crimes such as violation of a protective order, malicious destruction of property, harassment and telephone misuse.  Alleged victims in domestic cases often pursue charges for reasons other than seeking justice, and having an experienced criminal lawyer in our corner could mean the difference between clearing your name and ending up in jail.  Benjamin also has had extensive success representing clients in protective orders and peace orders in the the district and circuit courts, which can have serious consequences if not handled properly.  Losing a protective or peace order hearing can create a permanent finding of committing violence and subject a person to future incarceration through additional violation proceedings, but Benjamin can fight to have your protective order or peace order dismissed and shielded from public view.

We Will Fight For You.

The Herbst Firm specializes in defending clients in all Maryland jurisdictions from the Eastern Shore to Western Maryland and also is experienced defending federal cases in Greenbelt, Baltimore, Joint Base Andrews and other federal installations. We take pride in representing our clients against the government, and fight tirelessly for the best outcome.  Do not walk into court without a fully prepared and committed Maryland criminal defense lawyer by your side.

Call Anytime for a Free Consultation

Maryland criminal lawyer Benjamin Herbst defends adults and juveniles charged with crimes in all state and federal courts.  He has experience representing clients in almost all criminal offenses including common crimes such as DUI, drug possession, theft and assault to less common charges such as misconduct in office, arson and animal cruelty.

If you or a loved one has been charged with a crime, contact Benjamin for a free consultation. Do not discuss a case over the phone with someone who is in jail and do not talk to law enforcement before talking to a lawyer, as this may impact your ability to formulate the best possible defense. Benjamin is available 24 hours a day at (410) 207-2598 to provide consultation.


What Is the Difference Between First and Second Degree Assault in Maryland? Despite having similar language and sharing some of the same elements, first and second degree assault are two drastically different crimes in Maryland.More..."

What are Common Penalties for DUI in Maryland?Compared to some other states the DUI laws in Maryland are relatively lenient, but it would be inaccurate to say that first offenders generally receive a mere slap on the wrist.More..."

What are Maryland's Toughest Gun Laws?Those of you who have read our blog are probably aware of the changes in state gun laws over the last couple of years.More..."

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