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The Winelander Law Group
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The Winelander Law Group
Richard Winelander

1005 North Calvert Street
Baltimore MD 21202
(410) 576-7980

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Fax: (443) 378-7503


The Winelander Law Group

Call: 410.576.7980

Richard Winelander has dedicated himself to the vigorous protection of his clients' rights. His emphasis is to practice law the old-fashioned way--putting his clients first.

In addition to aggressively defending citizens accused of a crime, Mr. Winelander also represents individuals and companies ensnarled in complex business litigation. His trial experience includes Copyright infringement, Trademark infringement, Cyber-piracy claims, medical malpractice, personal injury, products liability and wrongful death claims. If you seek the highest compensation through settlement or trial, he will fight for you. If you or a loved one have been injured or lost property due to another’s negligence, he would like to talk with you. If you or your business is the target of a lawsuit he can help.

If you have been accused of a crime, the decisions you make about your case can literally change your life. Whether it's a trial, a plea bargain or an appeal, it is your life and liberty that are at stake.

Richard Winelander has been helping people, accused of a crime, make these crucial decisions for over 30 years. He has successfully assisted thousands of people like you resolve their criminal cases in a satisfactory manner. Often, he has been able to persuade prosecutors to seek no jail time or to offer favorable pleas. He has been successful in having some cases dismissed. In many cases, he has convinced juries that his clients were "Not Guilty" of the charges leveled against them.

A typical client of Mr. Winelander has had minimal or no prior contact with the Courts, and is an adult or juvenile facing the most serious situation he has ever encountered. Mr. Winelander prides himself on giving each of his clients his personal attention, and limits his caseload to meet this goal. Moreover, he is able to employ skilled investigators and experts to ensure that the client receives the very best defense. If a conviction on some of the charges is inevitable, Mr. Winelander presents creative sentencing proposals to the Court, emphasizing treatment, not incarceration.

When an individual is accused of a crime, his or her freedom, reputation, and career are at stake. It makes no difference if the crime charged involves a street crime, a white collar crime or a cyber crime. The single most important factor in determining the outcome is often the expertise of the lawyer who represents him or her. Richard Winelander will provide the very best defense.

Richard Winelander is a trial lawyer and appellate advocate who practices in the State and Federal Courts of Maryland and the District of Columbia. He developed and teaches a course in Cyber Law at Towson University. Over the years he has been sought out for TV and radio commentaries. Mr. Winelander is also a Captain in the Maryland Defense Force (MDDF) providing volunteer legal services to the Maryland Military Department (MMD) and the Maryland National Guard (MDNG).He is also listed in the current edition of Who’s Who in American Law.

Richard Winelander has also received nationwide exposure for his representation of Super Psychic
Uri Geller. In a recent interview Mr. Geller had this to say about Mr. Winelander:

"I have known Richard both professionally and as a friend for many years. At the lowest point in one of my legal affairs Richard came into my life with his brilliant strategy and pulled me through a difficult legal dilemma. In all these years he has handled my cases brilliantly. I can not think of anyone else in the legal field who is as intuitive, perceptive and open minded. These qualities give him the talent and ability to handle any case with astounding results..."

Uri Geller
London, England
August 4, 2000

Mr. Winelander has substantial experience in defending state and federal criminal cases.  He is skilled in all aspects of criminal defense, including pre-indictment investigations, bail hearings, motions practice, plea bargain negotiations, jury trials, sentencing hearings, and appeals.  He has handled hundreds of cases in the District, Circuit, and Federal Courts. 

Mr. Winelander has represented numerous individuals and companies; including attorneys, doctors, entertainers, police officers, law students, psychics, employees, college students and juveniles.

BAR ADMISSIONS


  • Court of Appeals of Maryland 5/24/79
  • U.S. Customs Court 5/30/79
  • Baltimore City Bar 6/12/79
  • U.S. District Court for the District of Maryland (Bar #00045)  8/8/79
  • U.S. Court of International Trade  5/1/81
  • U.S. Court of Appeals for the Fourth Circuit 7/20/81
  • Supreme Court of the United States of America  8/20/82
  • District of Columbia Court of Appeals (Bar #420697)  10/17/89
  • U.S. Court of Appeals for the Third Circuit  4/9/90
  • U.S. District Court for the District of Columbia 3/1/93
  • U.S. Court of Appeals for the District of Columbia Circuit 8/10/93
  • U.S. Court of Appeals for the Eleventh Circuit 4/14/94

Call: 410.576.7980

Attorney Profile

Richard Winelander is a trial lawyer and appellate advocate who practices in the State and Federal Courts of Maryland and the District of Columbia. He developed and teaches a course in Cyber Law at Towson University. Over the years he has been sought out for TV and radio commentaries. Mr. Winelander is also a Captain in the Maryland Defense Force (MDDF) providing volunteer legal services to the Maryland Military Department (MMD) and the Maryland National Guard (MDNG).He is also listed in the current edition of Who’s Who in American Law.

Richard Winelander has also received nationwide exposure for his representation of Super Psychic
Uri Geller. In a recent interview Mr. Geller had this to say about Mr. Winelander:

"I have known Richard both professionally and as a friend for many years. At the lowest point in one of my legal affairs Richard came into my life with his brilliant strategy and pulled me through a difficult legal dilemma. In all these years he has handled my cases brilliantly. I can not think of anyone else in the legal field who is as intuitive, perceptive and open minded. These qualities give him the talent and ability to handle any case with astounding results..."

Uri Geller
London, England
August 4, 2000

Mr. Winelander has substantial experience in defending state and federal criminal cases.  He is skilled in all aspects of criminal defense, including pre-indictment investigations, bail hearings, motions practice, plea bargain negotiations, jury trials, sentencing hearings, and appeals.  He has handled hundreds of cases in the District, Circuit, and Federal Courts. 

Mr. Winelander has represented numerous individuals and companies; including attorneys, doctors, entertainers, police officers, law students, psychics, employees, college students and juveniles.

BAR ADMISSIONS


  • Court of Appeals of Maryland 5/24/79
  • U.S. Customs Court 5/30/79
  • Baltimore City Bar 6/12/79
  • U.S. District Court for the District of Maryland (Bar #00045)  8/8/79
  • U.S. Court of International Trade  5/1/81
  • U.S. Court of Appeals for the Fourth Circuit 7/20/81
  • Supreme Court of the United States of America  8/20/82
  • District of Columbia Court of Appeals (Bar #420697)  10/17/89
  • U.S. Court of Appeals for the Third Circuit  4/9/90
  • U.S. District Court for the District of Columbia 3/1/93
  • U.S. Court of Appeals for the District of Columbia Circuit 8/10/93
  • U.S. Court of Appeals for the Eleventh Circuit 4/14/94

Common Crimes

Crimes You Should Know About
 Drunk and Drugged Driving Offences
DUI
1 Driving while under the influence can be proven by evidence showing that the driver's normal coordination has been substantially impaired as a result of the consumption of alcohol or by a breath test result of .08.
2 Driving under the influence of alcohol per se can be proved by a breath test result of .08 or more
The maximum penalties both types of DUI are 1 year in jail and $1000 for a first offense, 2 years and $2000 for a second offense, and 3 years and $3000 for a third offense.
DWI
Driving while impaired by alcohol can be proven by evidence showing that the driver's normal coordination was impaired to some extent as a result of the consumption of alcohol or by a breath test result of .07 or more, but less than .08.
The maximum penalty for DWI is 60 days in jail and $500 for a first offense and one year in jail and $500 for a subsequent offense.
THE BREATH TEST
As you can see both of these offences are proved by the results of a breath test taken at the police station. If you refuse to take a breath test.
1 If you are a Maryland resident you face an automatic suspension of driving privilege for 120 days for a first offence. For a subsequent offense the suspension is for one year for refusing to take the breath test, the driver faces
2 In a jury trial the Court will instruct your jurors as follows:
“You must first decide whether the defendant refused to submit to a test. If you find that the defendant refused to submit to a test, you must then decide whether this refusal is evidence of guilt. Refusal to submit to a test may be based on reasons that are consistent with innocence or other reasons that are consistent with guilt.”
DWID
Driving while impaired by a combination of drugs and alcohol or driving while impaired by a controlled dangerous substance (CDS) can be proven by evidence showing that the driver's normal coordination was impaired and use of drugs. This is usually done through the testimony of a Drug Recognition Expert and or the results of a blood test.
The maximum penalty for DWID is 60 days in jail and $500 for a first offense and one year in jail and $500 for a subsequent offense.
The MVA penalties:
DUI carries 12 points with the MVA and at a hearing the driver's license may be revoked.
DWI and DWID both carry 8 points with the MVA and at a hearing the driver's license may be suspended.

Drug offences

Each state and the federal government have laws against the unlawful use, manufacture and distribution of drugs.  The purpose of these laws is to reduce the unlawful consumption of drugs, reduce drug-related crimes and severely punish repeat offenders and major drug dealers

Drug Schedules

Federal drug statutes establish schedules of controlled substances, defining and classifying illegal drugs. The Attorney General has the authority to delete, add, or re-schedule substances according to certain criteria. State schedules refer to, or are based upon, federal schedules. Drugs included on these schedules are referred to as "Controlled Dangerous Substances" (CDSs).

Punishment

The seriousness of and ultimate punishment for drug crimes generally depends upon:


the quantity of the drug

its classification under the schedules

the purpose of its possession

 

Producing, manufacturing, and selling illegal drugs are the most serious drug crimes. For example, a person "dealing" (selling) five or more ounces of heroin or cocaine may be imprisoned for more than 10 years. Possession of drugs with the intent to distribute is also a serious crime. The intent to distribute may be inferred from the quantity of the drug, without any evidence of actual distribution.

In most states, possession of drugs for personal use is a serious crime. But in some states, possession of drugs for personal use is punished less severely than distribution crimes. For example, in some states, possession of a small amount of marijuana (less than 50 grams) is decriminalized or treated as a disorderly person's offense. A person convicted of a disorderly person's offense is generally not imprisoned, but may be placed on probation or ordered to pay a fine. However, possession of a larger quantity of marijuana or other drug, even if for personal use, is treated as a serious crime.


Enhanced Punishment

Some states have enhanced penalties for drug crimes. These penalties go into effect if:

minors are used to distribute the drugs, or

the drugs are delivered or sold to minors, or

the drugs are sold or distributed on school property

 

Enhanced punishments vary from state to state. Forfeiture of property is also used as an additional punishment to deter drug crimes. For example, if your house is used to make and distribute drugs, the government may be able to seize your house.

Professional Drug Dealers


Special laws cover professional drug dealers. A "drug kingpin," or a person organizing, financing, or managing a business to manufacture, transport, or sell drugs commits a serious crime. Special sentences are reserved for professional drug dealers. The federal government has the death penalty for drug kingpins; some states impose 25 years imprisonment without parole for professional drug dealers.


Possession
n. 1) any article, object, asset or property which one owns, occupies, holds or has under control. 2) the act of owning, occupying, holding or having under control an article, object, asset or property. "Constructive possession" involves property which is not immediately held, but which one has the right to hold and the means to get (such as a key to a storeroom or safe deposit box). "Criminal possession" is the holding of property which it is illegal to possess such as controlled narcotics, stolen goods or liquor by a juvenile. The old adage "possession is nine-tenths of the law" is a rule of force and not of law, since ownership requires the right to possess as well as actual or constructive possession. 

 

White Collar Crimes


 Embezzlement
The illegal transfer of money or property that, although  possessed legally by the embezzler, is diverted  to the embezzler personally by his or her fraudulent action.  For example, an employee would embezzle money from the employer or a public officer could embezzle money received during the course of their public duties and secretly convert it to their personal use.

Perjury
n. the crime of intentionally lying after being duly sworn (to tell the truth) by a notary public, court clerk or other official. This false statement may be made in testimony in court, administrative hearings, depositions, answers to interrogatories, as well as by signing or acknowledging a written legal document (such as affidavit, declaration under penalty of perjury, deed, license application, tax return) known to contain false information. Although it is a crime, prosecutions for perjury are rare, because a defendant will argue he/she merely made a mistake or misunderstood.

Fraud
n. the intentional use of deceit, a trick or some dishonest means to deprive another of his/her/its money, property or a legal right. A party who has lost something due to fraud is entitled to file a lawsuit for damages against the party acting fraudulently, and the damages may include punitive damages as a punishment or public example due to the malicious nature of the fraud. Quite often there are several persons involved in a scheme to commit fraud and each and all may be liable for the total damages. Inherent in fraud is an unjust advantage over another which injures that person or entity. It includes failing to point out a known mistake in a contract or other writing (such as a deed), or not revealing a fact which he/she has a duty to communicate, such as a survey which shows there are only 10 acres of land being purchased and not 20 as originally understood. Constructive fraud can be proved by a showing of breach of legal duty (like using the trust funds held for another in an investment in one's own business) without direct proof of fraud or fraudulent intent. Extrinsic fraud occurs when deceit is employed to keep someone from exercising a right, such as a fair trial, by hiding evidence or misleading the opposing party in a lawsuit. Since fraud is intended to employ dishonesty to deprive another of money, property or a right, it can also be a crime for which the fraudulent person(s) can be charged, tried and convicted. Borderline overreaching or taking advantage of another's naiveté involving smaller amounts is often overlooked by law enforcement, which suggests the victim seek a "civil remedy" (i.e., sue). However, increasingly fraud, which has victimized a large segment of the public (even in individually small amounts), has become the target of consumer fraud divisions in the offices of district attorneys and attorneys general.

Theft
n. the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale). In many states, if the value of the property taken is low (for example, less than $500) the crime is "petty theft," but it is "grand theft" for larger amounts, designated misdemeanor or felony, respectively. Theft is synonymous with "larceny." Although robbery (taking by force), burglary (taken by entering unlawfully) and embezzlement (stealing from an employer) are all commonly thought of as theft, they are distinguished by the means and methods used and are separately designated as those types of crimes in criminal charges and statutory punishments.

Forgery
n. 1) the crime of creating a false document, altering a document, or writing a false signature for the illegal benefit of the person making the forgery. This includes improperly filling in a blank document, like an automobile purchase contract, over a buyer's signature, with the terms different from those agreed. It does not include such innocent representation as a staff member autographing photos of politicians or movie stars. While similar to forgery, counterfeiting refers to the creation of phony money, stock certificates or bonds which are negotiable for cash. 2) a document or signature falsely created or altered.

Counterfeit
1) adj. describing a document, particularly money, which is forged or created to look real and intended to pass for real. 2) v. to criminally forge or print a false copy of money, bonds, or other valuable documents, intending to profit from the falsity. 3) n. shorthand for phony money passed for real.

Extortion
n. obtaining money or property by threat to a victim's property or loved ones, intimidation, or false claim of a right (such as pretending to be an IRS agent). It is a felony in all states, except that a direct threat to harm the victim is usually treated as the crime of robbery. Blackmail is a form of extortion in which the threat is to expose embarrassing, damaging information to family, friends or the public.
 

 

Free Legal Advice

 
 


If you have been arrested REMAIN SILENT, DO NOT CONSENT TO A SEARCH and call a competent criminal lawyer for advice.


If you do not have a lawyer call me toll free at 1-800-757-BUST (2878)


If you have been stopped for a field interview ask if you are free to leave or if you are under arrest. DO NOT CONSENT TO A SEARCH.


If you have been stopped for a traffic violation. As soon as you are issued a ticket ask if you are free to leave or if you are under arrest. DO NOT CONSENT TO A SEARCH.


If you have been stopped for a DUI or DWI DO NOT CONSENT TO A SEARCH, a field sobriety tests or a preliminary breath test.


Never fight or argue with the police. Be polite no matter how rude they are.


Never tell the police you know your rights.


Never lie to the police. Don’t say anything.


If the police tell you they will go easy on you or let you go if you talk to them. Don’t! They won’t.


If the police tell you they will go easy on you or let you go if you let them search you, your house or your car. Don’t! They won’t.


There are a few things you should know before you hire a lawyer.

 


First, how much and what kind of experience does the lawyer have? Law schools do not teach students to be good trial lawyers. They teach the basics that every lawyer must know in order to pass a bar examination. One must master the art of persuasion in order to convince juries and the art of negotiation to successfully deal with prosecuting attorneys. Experience is the best teacher. A lawyer must have tried at least fifty jury trials before they acquire enough knowledge and skill to properly try a case.


Second, how do you feel about the lawyer? Are they genuinely interested in you and care about what happens to you? Do they make you feel comfortable when you ask questions or do they seem annoyed? Do they answer your questions to your satisfaction? Do they seem confident and professional? A lawyer who does not listen to you or satisfactorily answer your questions is not going to be very effective in communicating with prosecutors, judges and juries.


Third, criminal law is complicated and it has changed dramatically over the years. Science has come into the courtroom and trial lawyers must know how to deal with it. If scientific testing has been done in your case, you need a lawyer who understands what has been done. For example, if DNA evidence is involved, don’t hire a lawyer who knows little about it.


Finally, the lawyer that you hire can make a huge difference in the outcome of the case. It makes no sense to hire the cheapest lawyer that you can find. Consider what your continued freedom is worth to you and the people that love and rely on you. Always hire the best and most experienced lawyer that you can afford. 


Baltimore MD Criminal Defense Attorney

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