Carjacking is considered a violent felony in Maryland and carries some of the harshest penalties in the criminal justice system. If you’ve been accused of using force or intimidation to take control of a vehicle, it’s critical to secure experienced legal representation as early as possible. The Law Office of Vernon Brownlee defends clients against serious charges like carjacking throughout Upper Marlboro and beyond. As a dedicated carjacking lawyer, Vernon Brownlee takes a proactive approach to criminal defense, challenging the prosecution’s claims and protecting your constitutional rights. Call +1 301-502-4441 today to request a confidential consultation and start building your defense.
What Happens After a Carjacking Arrest?
A carjacking arrest is a serious legal matter. In Maryland, it is treated as a violent felony and comes with harsh consequences even before a conviction takes place. From the moment someone is taken into custody, the legal process moves fast and with high stakes. Anyone facing this charge should understand what to expect and what steps to take to protect their rights.
How Maryland Defines Carjacking
Carjacking in Maryland involves taking a vehicle from someone by force, threat, or violence. The law does not require the use of a weapon. Simply causing fear or using physical strength to take the car is enough to be charged. Maryland law also includes armed carjacking, which applies if the person was carrying or using a weapon during the act.
Carjacking is considered a felony under Maryland Criminal Code § 3-405. The maximum penalty is 30 years in prison. Armed carjacking carries the same maximum, but prosecutors and judges typically treat it as even more serious due to the use or presence of a weapon.
What Happens Immediately After Arrest
Once someone is arrested for carjacking, they are taken into custody by law enforcement. The arrest may happen at the scene of the incident, during a traffic stop, or later as a result of an investigation.
After the arrest, the person will typically go through the following steps:
- Booking
This process includes taking fingerprints, photographs, and personal information. The charges are officially recorded, and the person is placed in a holding cell or jail.
- Initial Appearance Before a Commissioner
In Maryland, arrested individuals are brought before a district court commissioner within 24 hours. The commissioner reads the charges, explains the person’s rights, and decides whether to release them on bail or hold them in custody until a bail hearing.
- Bail Review Hearing
If bail is denied or set too high, the person may have a bail review hearing in front of a district court judge. The judge considers the seriousness of the offense, prior criminal history, ties to the community, and whether the person is a flight risk or danger to others.
For carjacking charges, it is common for defendants to be held without bail—especially if a weapon was involved or if the person has a prior record.
What Prosecutors Need to Prove
To convict someone of carjacking, the state must show:
- The person knowingly took control of a motor vehicle
- The vehicle was taken directly from another person
- The act was committed through force, violence, or threat
- The victim did not consent to the taking
In armed carjacking cases, the prosecution must also prove that a dangerous weapon was used or that the victim reasonably believed the person had a weapon.
Even attempted carjacking—where the person fails to take the vehicle—can still result in full charges and the same potential penalties.
Common Evidence in Carjacking Cases
The evidence used by the prosecution can include:
- Eyewitness accounts
- Surveillance footage
- Physical evidence from the vehicle or scene
- Fingerprints or DNA
- Cell phone records or location data
- Statements made by the accused or co-defendants
In many cases, the identity of the person accused is a key issue. If a mask or disguise was used, or if the lighting was poor, eyewitness identifications may be unreliable. A skilled defense lawyer will examine all evidence carefully to look for weaknesses or inconsistencies.
Pretrial Process After a Carjacking Arrest
Once the case moves beyond the initial hearings, the following steps usually take place:
- Preliminary Hearing
In felony cases like carjacking, the accused has a right to a preliminary hearing. This is not a trial, but a judge will decide if there is enough probable cause to move forward. If so, the case is sent to the circuit court for trial.
- Indictment or Criminal Information
The State’s Attorney can either pursue an indictment through a grand jury or file a criminal information directly. Once this happens, the case proceeds to the circuit court.
- Discovery and Motions
During this stage, the defense receives the evidence the state plans to use. Both sides may file motions to suppress certain evidence or to address legal questions before trial.
- Plea Negotiations
The defense and prosecution may begin discussions about a possible plea agreement. Whether to accept a plea deal or go to trial depends on the strength of the evidence and the risks involved.
- Trial
If no plea is reached, the case goes to trial. The accused has the right to a jury trial in felony cases. The state must prove guilt beyond a reasonable doubt.
Penalties for Carjacking and Related Charges
Carjacking and armed carjacking are both punishable by up to 30 years in prison. However, that is not the only consequence.
Other penalties may include:
- Mandatory minimum sentences if certain conditions apply
- Restitution to the victim for damages or losses
- Loss of driving privileges if the offense involved reckless driving
- A permanent felony record, which affects employment, housing, and more
- Federal charges, in rare cases, if the offense involved crossing state lines or other federal interests
In many carjacking cases, additional charges are also filed. These can include:
- Assault
- Robbery
- Theft
- Use of a firearm in a violent crime
- Reckless endangerment
Each added charge can increase the total potential sentence.
Defending Against Carjacking Charges
Being accused of carjacking does not mean a conviction is certain. A defense lawyer will look at every part of the case to find opportunities to fight the charges.
Possible defense strategies include:
- Challenging identification: If witnesses cannot reliably identify the accused, the entire case may be weakened.
- Lack of force or threat: If no violence or intimidation occurred, it may not meet the legal definition of carjacking.
- Consent or misunderstanding: In rare cases, a defense may argue that the accused had permission to take the vehicle or that there was a misunderstanding.
- Alibi: Evidence that places the accused somewhere else at the time of the incident can be a strong defense.
- Violation of rights: If police failed to follow proper procedures during the arrest or investigation, some evidence may be thrown out.
A qualified attorney will also assess whether the prosecution can actually meet its burden of proof. If the case is weak, they may be able to negotiate for a lesser charge or dismissal.
Why Legal Representation Is Crucial
Carjacking charges move quickly through the court system and come with life-changing consequences. From the moment of arrest, anything said can be used against the person later in court. That’s why it’s essential to avoid speaking to law enforcement until an attorney is present.
A defense lawyer helps in several important ways:
- Protecting constitutional rights
- Reviewing the evidence for flaws
- Building a personalized defense strategy
- Arguing for fair bail or release conditions
- Negotiating for reduced charges or alternative outcomes
- Representing the accused at hearings and trial
Without legal representation, a person charged with carjacking is at a serious disadvantage. Prosecutors in Prince George’s County take a tough approach to violent crime, and the court system is not forgiving.
Turn to a Carjacking Attorney Who Understands What’s at Stake
Carjacking is a serious felony offense with life-altering consequences, but an arrest does not mean a conviction. If you or someone you care about has been charged, now is the time to take control of your defense. At The Law Office of Vernon Brownlee, clients receive focused attention and strategic legal representation tailored to the circumstances of their case. As a carjacking attorney serving Upper Marlboro and the surrounding areas, Vernon Brownlee works tirelessly to ensure every client’s rights are protected. Don’t delay—contact our office at +1 301-502-4441 to schedule your consultation and begin building a strong defense today.
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