Law Office of

Richard A. Simmons

Experienced - Professional - Result Driven

Law Office of Richard A. Simmons
147 Old Solomons Island Rd
Suite 401
Annapolis, MD 21401-0903
ph: (410)286-1220
fax: (410)286-1220
alt: (443)623-6905

PRINCE GEORGES

In every DUI/DWI case, it is essential to know your environment, and the potential worst-case scenario, in making crucial decisions concerning risks versus benefits in going to trial.

In Prince Georges County the benchmark for worst case scenario has been established by the “Femia Menu.” For years, Judge Femia has managed the circuit court jury trial docket, establishing a concrete and well-known menu, outlining potential sentence in first, second, and subsequent DUI/DWI cases.

With this information, you will be better able to evaluate the decision to go to trial in the District Court, and the potential risk of going to trial versus falling back on the known Judge Femia result.

Having an experienced DUI/DWI attorney engaged in your case from the outset is crucial in weighing the options, and asserting your rights before they are waived.

Call Mr. Simmons today for a free consultation.

(410)286-1220.

Femia's Menu

Reprinted from May 2002 Newsletter

Dear Fellow Members:

As most of you are aware, I'm still processing the CA docket at the direction of Judge William D. Missouri. My handling of DWI cases has not changed in thirty years and this epistle will not offer any change of substance. However, legal definitions under the law have changed and I thought this a good opportunity to amend my w1itten menu, last published on April 8, 2000.

FIRST OFFENDERS WANTING A PBJ MUST:

Impaired: (plea to b* (21-902b(dwi))

a) One night in jail and a $100.00 fine or

b) Four days on the road and a $100.00 fine** or

c) Traffic school and a $200.00 fine or

d) A $500.00 fine.

Under the Influence .08-.19: (plea to either a (DUI))

a) One night in jail and a $100 fine or

b) Four days on the road and a $100.00 fine** or

c) Traffic school and a $500.00 fine or

d) A $1,000.00 fine.

Under the Influence .20-.29 (plea to either a (DUI))

a) Two nights in jail and a $100.00 fine or

b) Eight days on the road and a $100.00 fine** or

c) A $1,000.00 fine.

Under the influence .30 and up: (plea to either a)

a) Five days in jail or

b) Completion of the 28 day Calvert County DWI facility program.

SECOND OFFENDERS WITHIN TEN YEARS:

Impaired: (plea to b*)-

guilty finding, 30 days, all but 7 consecutive days suspended.

Underthe Influence: (plea to either a)-

guilty finding, 6 months, all but 7 consecutive days suspended.

THIRD OFFENDERS WITHIN TEN YEARS:

Impaired: (plea to b*)-

guilty finding, 30 days, all but 14 consecutive days suspended.

Under the influence: (plea to either a)-

guilty finding, 6 months, all but 14 consecutive days suspended.

FOURTH OR MORE OFFENDERS WTTHIN TEN YEARS:

Impaired: (plea to b*)-

Guilty finding, 60 days, all but 30 consecutive days suspended.

Under the Influence: (plea to either a)-

Guilty finding, I year, all but 6 consecutive months suspended.

All cases come with a cost assessed which at this writing adds $100 to your clients' fees.

All probationary periods are for one year, unpapered and unsupervised. I've been known to vary--there was that time in '82, for instance-- but it would be a grave mistake to rely on my repeating that conduct.

As always, I honor all agreements between state and defense. Such agreements always take precedence over my menu.

*A no-blow is a b.

**Roadwork is at the client's expense. It costs $10.00 per day to work during the week and $25.00 per day to work on the weekend or on a holiday.

All roadwork fees are assessed as part of and in addition to the stated tine.

P.S. I want to remind counsel that I need an executed "waiver of rights" from (available on counsel's table) from each defendant offering a plea to a jailable offense.

Thanks.

THE JUDGES:

In Prince George’s County there are three courthouses.

The Circuit Court for Prince George’s County is located at Courthouse, 14735 Main Street, Upper Marlboro, MD 20772.

The circuit court is a court of general jurisdiction, handling the more serious criminal and traffic offenses, as well as all jury trial requests, and juvenile proceedings.

There are twenty-three sitting circuit court judges. The criminal docket is managed primarily by Judge Vincent J. Femia (Ret.).

There are two District Court locations within Prince George’s County:

14735 Main Street, Suite 173B

Upper Marlboro, MD 20772

4990 Rhode Island Avenue

Hyattsville, MD 20781.

The District Court is a statewide court of limited jurisdiction, handling most misdemeanor criminal and traffic cases.

There are twelve sitting judges in the District Court of Maryland for Prince George’s County.

District 5--Prince George's County
Tiffany H. Anderson Jean S. Baron G. Richard Collins Patrick R. Duley	Robert W. Heffron, Jr. Lawrence V. Hill, Jr. Patrice E. Lewis Thomas J. Love*	John P. Morrissey Mark T. O'Brien Thurman H. Rhodes Joel D. Worshtil

Having an experienced DUI/DWI attorney engaged in your case from the outset is crucial in weighing the options, and asserting your rights before they are waived.

Call Mr. Simmons today for a free consultation.

(410)286-1220.

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Law Office of Richard A. Simmons
147 Old Solomons Island Rd
Suite 401
Annapolis, MD 21401-0903
ph: (410)286-1220
fax: (410)286-1220
alt: (443)623-6905