Legal Question in Criminal Law in Maryland

Re: Pleading not guilty, yet asking for credit for time served.

There are two parts to a criminal case, which are the guilt/innocence part and the sentencing part. If you are found not guilty, then there is no sentencing part.

Your plea, either guilty or not guilty, is in the guilt/innocence part. If you plead guilty, or if you are found guilty after trial, then your case proceeds to sentencing. Time served is a possible sentence. The judge imposes sentence, and unless you have a binding plea agreement, then the judge may impose anything up to the limit that the law allows. The prosecution makes a sentencing recommendation, the severity of which is often affected by whether you agree to plead guilty or not guilty. If you plead not guilty and require the prosecution to prove its case, then the prosecution often recommends a harsher sentence.

Alford v. N.C. is a U.S. Supreme Court case that says a defendant can allow a guilty finding to be entered against him, without saying the word guilty, and without going to trial. Not all courts and prosecutors will agree to proceed this way. Essentially, you waive your trial rights and consent to a guilty finding, because you want "the deal" that the prosecution is offering for not going to trial. You might do this, if you are concerned that despite your innocence, you may be found guilty at trial, and then receive a worse sentence.

Your lawyer should be answering all of your questions and explaining all of this to you.

It is your right to plead not guilty. That requires the state or the government to formally prove the charge.

Re: Pleading not guilty, yet asking for credit for time served.

Talk to your attorney with these questions!!! If they can't be reached or can't answer this simple question, then you have the wrong attorney!!!