Criminal Defense | Kathleen M. Kirchner Attorney At Law

Being charged with a crime is not the same as being proven guilty. Every criminal case begins with a careful examination of what actually happened, what the State can prove, and whether the evidence against you was lawfully obtained and can be admitted in court.

At KMK Law, criminal defense begins with the evidence. Police reports, body-worn camera footage, witness statements, search warrants, cell phone data, forensic evidence, photographs, recordings, and other discovery must be examined carefully—and compared against one another.

Just as important is how the evidence was obtained. A traffic stop, detention, search, seizure, interrogation, identification procedure, or warrant may raise constitutional issues that can fundamentally affect the prosecution’s case. When appropriate, those issues should be challenged through motions to suppress or exclude evidence.

The defense does not begin at trial. It begins with understanding the State’s case, identifying what is missing or inconsistent, and determining what evidence the State should—or should not—be permitted to use.

Kathleen M. Kirchner Attorney at Law provides criminal defense representation throughout Anne Arundel County and surrounding counties, handling charges ranging from DUI and drug possession to assault, weapons offenses, theft, domestic violence, and serious felony matters including homicide-level cases. You may be facing arrest, arraignment, bail hearings, preliminary hearings, trial, or sentencing. With over 19 years of experience and a background as a former prosecutor, she understands how cases are built, what evidence the state relies on, and where constitutional challenges to evidence and police conduct must be raised and litigated. You need an attorney who reviews all the evidence in order to identify violations of your Fourth Amendment rights against unlawful searches, Fifth Amendment rights against self-incrimination, and Sixth Amendment rights to counsel and a fair trial. Cases involving Naval Academy personnel or federal jurisdiction require an attorney who is federally barred and familiar with the unique legal issues that arise in those matters.

If you have been charged with a crime in Anne Arundel County, or surrounding counties, contact Kathleen M. Kirchner Attorney at Law to begin your defense and protect your constitutional rights.

A strong criminal defense begins with a detailed review of the evidence—not simply the criminal charges. Charging documents, police reports, body-worn camera footage, witness statements, photographs, physical evidence,

forensic testing, search warrants, cell phone evidence, social media, and other digital evidence may all become important to understanding how the State built its case and whether the evidence supports the allegations.

The evidence should also be compared against itself. Does the body-worn camera match the police report? Do witness statements remain consistent over time? Does the physical or digital evidence support what witnesses

claim occurred? What evidence is missing? Identifying inconsistencies, omissions, and unsupported assumptions can be just as important as reviewing the evidence the State intends to introduce.

Constitutional Challenges to Stops, Searches and Seizures

Police authority is not unlimited. A criminal case may require examination of the legal justification for a traffic stop, detention, search, seizure, arrest, interrogation, or search warrant. The legal standard depends upon what the

police did, when they did it, and what information was known to them at that time.

When supported by the facts and law, a defense attorney may seek suppression of evidence obtained in violation of constitutional protections. That analysis may include whether police had lawful grounds for the initial stop, whether a detention was improperly extended, whether consent to search was actually given and voluntary, whether police had legal authority to seize or search a person or property, or whether a warrant was legally

sufficient and properly executed.

A criminal defense should examine each stage of the police encounter separately. The fact that an initial stop was lawful does not necessarily answer whether a later detention, search, seizure, or interrogation was lawful.

You have the right to remain silent and to ask for an attorney. You generally should not answer investigative questions or consent to a search simply because an officer asks for permission. Clearly state that you wish to remain silent and that you want to speak with an attorney.

Whether police may nevertheless conduct a search, detention, or arrest depends on the circumstances and the legal justification for their actions. A criminal defense attorney can later examine whether police acted lawfully and whether statements or evidence obtained during the encounter may be challenged in court.

Experience as a former prosecutor provides insight into how criminal cases are investigated, charged, evaluated, negotiated, and presented at trial. It can also help a defense attorney identify weaknesses in the State's evidence, anticipate how prosecutors may approach particular evidence or witnesses, and recognize issues that may affect whether the State can prove its case.

At KMK Law, that experience is combined with a defense-focused review of the evidence. The question is not simply what the State alleges happened, but what the admissible evidence actually establishes—and what may be inconsistent, missing, unreliable, or subject to legal challenge.

motion to suppress asks the court to prevent the State from using certain evidence because it was obtained in violation of the defendant's constitutional or legal rights. Suppression issues may arise from an unlawful traffic stop, detention, search, seizure, arrest, interrogation, or identification procedure.

The legal analysis depends on what occurred at each stage of the police encounter. For example, an initial traffic stop may be lawful, but a later detention or search may present a separate constitutional issue. A court may consider whether police had the required legal justification for their actions, whether a detention was unlawfully prolonged, whether consent to search was voluntary, whether a warrant was legally sufficient, or whether statements were obtained in violation of constitutional protections.

If a court suppresses evidence, the State may be prohibited from using that evidence at trial. Depending on the importance of the suppressed evidence, that ruling can significantly affect the prosecution's ability to proceed with some or all of the charges.

Criminal and traffic offenses involving civilians on the grounds of the U.S. Naval Academy may fall within federal jurisdiction. These cases are not military courts-martial. Civilian cases, including DUI and other traffic-related offenses, may be prosecuted in federal court and heard by a United States District Court judge sitting at the Naval Academy.

Federal cases arising from conduct on the Naval Academy grounds involve different procedures and jurisdictional considerations than an ordinary Maryland state-court case. A DUI or other charge may therefore require consideration of both federal law and applicable Maryland law, as well as the circumstances of the stop, investigation, field sobriety testing, chemical testing, and any search or seizure.

KMK Law has experience representing civilians charged with offenses arising on the grounds of the U.S. Naval Academy in Annapolis.

A Maryland criminal case may result in dismissal of some or all charges, a negotiated resolution, a not-guilty verdict after trial, or a conviction after a plea or trial. Pretrial rulings can also significantly change a case. For example, suppression or exclusion of important evidence may affect what the State can prove.

If there is a conviction, the outcome may include probation before judgment when legally available, probation, fines, a suspended sentence, incarceration, treatment, or other conditions. The available options depend on the charges, evidence, criminal history, and circumstances of the individual case.

MARYLAND CRIMINAL DEFENSE: CHALLENGING THE EVIDENCE, PROTECTING YOUR RIGHTS

Criminal Defense in Maryland for DUI, assault, drug charges, theft, weapons offenses, domestic violence, and serious felonies

Building a Defense and Challenging the Evidence

Questions About Criminal Defense in Maryland?