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Questions Answered by Eric Todd Kirk
2 Answers | Asked in Criminal Law for Maryland on
Q: is it lawful for prosecutor to dismiss assault charges without communicating with the victim? maryland law

I filed through a statement of complaint an assault charge Against my spouse whom admitted in writing that they assaulted me. The state prosecutor dismissed the assault charge without a hearing, without talking to me. I do know that the prosecutor communicated with my spouse and stated to my spouse... Read more »

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Nov 17, 2022

Criminal matters are prosecuted on behalf of the People of the State of Maryland by the office of the State's Attorney. The victim's wishes are one consideration among many that the assigned prosecutor will consider, but are not determinative.

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2 Answers | Asked in Criminal Law and White Collar Crime for Maryland on
Q: Why would my codependent get plea for misdemeanor and I’m getting a felony

So we both have a plea offer for conspiracy and theft by false pretense he’s been offer a misdemeanor and I’m being offer felony’s why would we be offer different types of pleas for same charges should I take that plea or fight for misdemeanors I didn’t talk to cops but he did and he took more

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Nov 4, 2022

I agree. It is impossible to answer this question in a vacuum. In any event, only the States attorney making the offer can answer it. If you want a trial, it is your right. You should secure a lawyer.

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1 Answer | Asked in Personal Injury and Health Care Law for Maryland on
Q: A nurses practitioner prescribed 20x recommended dose an anti psych to my wife and now her hallucinations are worse

A nurses practitioner in Maryland chose to take a crack at practicing psychiatry on my partner and prescribed them 300mg of Seroquil for over a year. Then moved them down to 150mg. The recommended dose is 15mg. Her Schizophrenia symptoms are now out of control. Can I sue this nurses practitioner... Read more »

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Nov 3, 2022

No, but your wife may be able to. She should contact an experienced malpractice attorney. Best of luck.

2 Answers | Asked in Personal Injury and Workers' Compensation for Maryland on
Q: I'm a federal employee who was hurt on a federal job during work hours are there any attorneys that deals with the Depar

The Department of Labor I find it hard to find attorney to handles with them

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Oct 28, 2022

You need a lawyer who handles federal workers' compensation claims. YOu can use the find an attorney service on the site to locate one. Best of luck.

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2 Answers | Asked in Criminal Law for Maryland on
Q: What does Open / Inactive mean on Maryland Case Search?

A warrant was issues 2018

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Oct 25, 2022

Likely that the case is open because there is a warrant, but no activity because it has not been served. It will be active again once the target is arrested.

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2 Answers | Asked in Criminal Law for Maryland on
Q: What does it meant when a defendant is sentenced to returned statute of limitations for deposit account fraud?
Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Oct 25, 2022

That does not appear to be a cognizable sentence in Maryland.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: My car was involved in a hit and run in 2021 can I still sue
Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Oct 24, 2022

You would generally have three years to file a claim with, and then sue if necessary, your insurance company for an uninsured motorist claim. There may be other claims with shorter time frames. You should consult with a lawyer in a confidential setting.

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3 Answers | Asked in Workers' Compensation for Maryland on
Q: Can I drive for UberEATS while collecting workers comp for a dog bite to the wrist? Injury sustained on 6/28/21

Surgery was 3/9/22

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Oct 10, 2022

It is never a bad idea to work, so long as you were not violating work restrictions from your doctor and so long as you were reporting any income to your Worker’s Compensation carrier.

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2 Answers | Asked in Car Accidents, Personal Injury and Traffic Tickets for Maryland on
Q: Can I sue the police department for failing to write an uninsured motorist ticket in an accident?

Fault couldn’t be determined in the accident so it is my belief my car insurance will skyrocket.

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Oct 6, 2022

No. You cannot. While a carrier may consider any number of things in setting rates, I think the insured status of another involved driver would be lower on the list of factors.

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3 Answers | Asked in Criminal Law for Maryland on
Q: If someone goes in through a window that is already open and then leaves 5 minutes later without stealing

Nobody was hurt or threatened nor was there intent to commit any crimes

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Sep 30, 2022

Could be a degree of burglary, or tresspass.

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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 PRO label
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 PRO label
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 PRO label
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 PRO label
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 PRO label
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 PRO label
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 PRO label
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 PRO label
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 PRO label
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 PRO label
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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