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Questions Answered by Eric Todd Kirk
1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Someone I know was on probation and owes restitution. He’s made some payments on it, but what’s gonna happen?
Eric Todd Kirk
Eric Todd Kirk
answered on Jul 18, 2022

He should make the rest of the payments as directed by the court to avoid potential issues.

3 Answers | Asked in Criminal Law for Maryland on
Q: I have this on my background check after 21 years. How can I get it removed?
Eric Todd Kirk
Eric Todd Kirk
answered on Jul 13, 2022

In addition to the fine answers from the other lawyers, if the matter is a DE conviction, you should inquire of attorneys in DE.

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1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Maryland on
Q: After a work-related injury, can my employer wildly change my scheduled hours of work

Normally, I work 3am-1pm as a delivery driver. Recently, I injured my back and was placed on light duty temporarily while it is rested. (Just a strain dr says) in my place of employment, injured workers are often made fun of and taunted for being injured and treated by management as if every claim... Read more »

Eric Todd Kirk
Eric Todd Kirk
answered on Jun 22, 2022

Sorry to hear of your injury. An employer is required to honor your work restrictions, and if not, you would be entitled to workers' compensation wage benefits. It would be hard to characterize your employer honoring your work restrictions and providing work within those restrictions as... Read more »

3 Answers | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Can the police receive an anonymous tip than bring a dog to smell around a condo without a warrant, To get a warrant?
Eric Todd Kirk
Eric Todd Kirk
answered on Jun 3, 2022

4th Amendment law is one of the most fact-dependent areas of law known. It's not possible to answer your question on the information provided. Can police bring a dog into your unit without consent, a warrant or an exception? No. Can they have a dog in a public area/common area of a larger... Read more »

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1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Maryland on
Q: Does veterans status play in drugs charge with a side arm ( pistol) on the outcome?
Eric Todd Kirk
Eric Todd Kirk
answered on May 12, 2022

If you have been charged in Baltimore City, you should see if you are eligible for Veteran's Court.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I be charged with assault for knocking somebody’s grocery cart with my own while a child was in the seat? No malice

While shopping at Sams club, a woman’s cart was in the middle of the aisle which I asked her to move, she did but I still couldn’t get through. So I asked again and she said it was too heavy to which i said okay well I’m going through. I went through and knocked her cart slightly which had a... Read more »

Eric Todd Kirk
Eric Todd Kirk
answered on Feb 25, 2022

Maybe. Assault is not a malice crime. You can commit it with an intimate object like a cart. If you are charged, you should seek counsel.

1 Answer | Asked in Car Accidents, Consumer Law and Products Liability for Maryland on
Q: Am I legally obligated to pay a repair bill to a car repair service center if they damaged my vehicle,

They had my vehicle for several months. When it was just about ready, it fell off the car lift and sustained damages totaling my vehicle. Their insurance company wrote it off as a total loss and is offering me a just and fair offer for compensation. The service center is still requesting me to... Read more »

Eric Todd Kirk
Eric Todd Kirk
answered on Feb 9, 2022

They never returned a repaired car to you. They did not live up to their end of the contract. I would not be inclined to pay the bill. You can submit the bill to their insurer and ask them to pay it.

2 Answers | Asked in Criminal Law for Maryland on
Q: What proof needs to be met to get a conviction on a threat of mass violence charge?

Has to be more than 1 or 2 people claiming a person made a threat?

Eric Todd Kirk
Eric Todd Kirk
answered on Jan 27, 2022

If 5 or more people are evacuated, or removed to safe areas because of the threat, the State may be able to prove the case. It is not required that all 5 actually hear the threat directly, or that any of them hear the threat directly.

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1 Answer | Asked in Criminal Law for Maryland on
Q: what is most likely to happen in court when being charged with petty theft , first offense
Eric Todd Kirk
Eric Todd Kirk
answered on Jan 26, 2022

Theft carries the potential of a jail sentence, although unlikely for a first offender, it is not impossible. A theft conviction can haunt you for the rest of your life. You should hire a lawyer, or if you qualify, seek the serices of the PD.

2 Answers | Asked in Criminal Law for Maryland on
Q: How do i contact the public defender, is it free? what do i ask?
Eric Todd Kirk
Eric Todd Kirk
answered on Jan 26, 2022

You can perform an internet search for "public defender" in your jurisdiction. Follow their instructions. Although it may be 'free' they do have income limitations.

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2 Answers | Asked in Car Accidents for Maryland on
Q: If I’m caught driving without insurance out of state does that state’s laws apply or the state my car is registered?

My sister drove my car into Pennsylvania because of a family emergency (she doesn’t own a car) and ended up getting into an accident. My question is if Maryland’s laws apply or if Pennsylvania’s laws apply since the accident happened out of state.

Eric Todd Kirk
Eric Todd Kirk
answered on Dec 31, 2021

The state law where the offense occured/ law was broken would apply to the criminal charge of driving without a license. The state-of-accident law would likely apply in a civil case, although there could be complicated choice of law principles involved in that determination.

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2 Answers | Asked in Criminal Law for Maryland on
Q: I'm charged with all misdemeanors traffic stuff and simple poss. Of cds not marj. But yet my case is in circuit Court

With no indictment or it being forwarded there by district Court I'm not understanding how it doesn't seem right

Eric Todd Kirk
Eric Todd Kirk
answered on Dec 29, 2021

Grand jury proceedings are secret. You may not, and frankly likely would not, be aware of an indictment. In a typical scenario, if the case began in the district court and was set for a preliminary hearing, the indictment would be revealed and read into the record. There are other less common... Read more »

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2 Answers | Asked in Car Accidents for Maryland on
Q: Was making a u turn in a 35 mile an hour zone in a residential are, another driver was going well above the speed limit

Other driver slammed into me and totaled both of our cars. I’m now getting a damaged claim. Am I able to fight the claim?

Eric Todd Kirk
Eric Todd Kirk
answered on Oct 31, 2021

Anytime a fact pattern is presented that includes someone making a U-turn- there's a substantial possibility that they minimally contributed to the accident. If you wish to contest decisions that might have gone against you you should consult with a lawyer in a confidential setting.

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1 Answer | Asked in Criminal Law for Maryland on
Q: What to do if suspected drugs that was found on person wasn’t tests at the spot or in a lab

And still being charges

Eric Todd Kirk
Eric Todd Kirk
answered on Aug 17, 2021

If the State cannot prove beyond a reasonable doubt the seized item was a controlled dangerous substance [CDS] they cannot convict. Seized items are rarely, if ever, tested on at the scene, and typically sent out to a lab, or tested internally, depending on the size of the jurisdiction.

1 Answer | Asked in Criminal Law for Maryland on
Q: If you have a bench warrant will you for failure to appear in court..

If you have a bench warrant / warrant / warrant for failure to appear in court.. and you sign up for a public defender at the district court commissioners office what do you do if the police come to arrest you or can they. do you gave them a copy of the commission's document regarding the... Read more »

Eric Todd Kirk
Eric Todd Kirk
answered on Jul 28, 2021

If there is a warrant for your arrest, I do not think that your application for the public defender will make any difference to arresting officers. If the PD obtains an order recalling the warrant for you, you should keep a copy of that order, and show that to any arresting officers.

2 Answers | Asked in Criminal Law for Maryland on
Q: My Cousin is demanding $150,000. What part of the Annapolis Police department handles extortion?

I believe I am the victim of extortion. My Cousin is demanding 150,000. What part of the Annapolis Police Department handles extortion?

Eric Todd Kirk
Eric Todd Kirk
answered on Jul 27, 2021

https://www.aacounty.org/departments/police-department/

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2 Answers | Asked in Car Accidents for Maryland on
Q: How long before a trial is scheduled for a July 2021 ticket? When I called they are still scheduling 2020 court cases.

I am currently suing the person that hit my vehicle, but didn't want to wait another 6 months to a year before my trial is scheduled. Should I contact my insurance company and pay the deductible to get my vehicle fixed? I have full coverage, but don't have full PIP coverage. I think this... Read more »

Eric Todd Kirk
Eric Todd Kirk
answered on Jul 22, 2021

It might not be possible to reliably predict when a currently file case will make it to trial. As you know there are meaningful delays due to covid and there could potentially be more. It's a financial decision but you may well wish to pay your deductible and let your insurance company try to... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: can you ask the judge at your court trial for a continuance in criminal court regarding your court trial.

can you ask the judge at your court trial for a continuance in criminal court regarding your court trial. or or the clerk of the court.

Eric Todd Kirk
Eric Todd Kirk
answered on Jul 20, 2021

You can ask the Judge. You would file any prior motion with the clerk. Any such request must demonstrate "good cause" for your request.

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1 Answer | Asked in Criminal Law for Maryland on
Q: how long do you have to sign up for a public defender Maryland Baltimore City

Before Your Court Date

Eric Todd Kirk
Eric Todd Kirk
answered on Jul 15, 2021

The conventional answer has always been 10 business days before your trial.

2 Answers | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Eric Todd Kirk
Eric Todd Kirk
answered on Jun 22, 2021

No. Technical errors like you described are simply amended.

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