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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: how long does it take for a motion to recall a bench warrant to be recalled and can it be filed by a public defender

how long does it take for a motion to recall a bench warrant to be recalled and can it be filed by a public defender

Mark Oakley
Mark Oakley answered on Jul 28, 2021

It varies. Technically, the State's Attorney's Office has 15 days (plus 3 more days if the motion is mailed to them) from the date the motion is filed and served to file an opposition to the motion, so the court is supposed to wait the response time--or until the opposition is filed if... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: how long does it take for a maryland bench warrants to become active for failure to appear.

how long does it take for a maryland bench warrants to become active for failure to appear.

Mark Oakley
Mark Oakley answered on Jul 28, 2021

Same day or a day or so after court, depending on when the clerk in the particular jurisdiction enters the FTA into the system. Usually, by the end of the court day you failed to appear.

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Maryland on
Q: Hi. I bough a house for $265,000 inn November 2014 with a girlfriend. Her Father actually bought the house outright.

However, he was not put on the deed then or ever. Only myself and girlfriend were on the deed. I was hesitant in buying the house this was as I didn't feel like I was buying the house and didn't have the pride in buying my first home myself. Plus, I did not qualify for the first time home... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 27, 2021

Didn’t I answer this yesterday. When you sign papers, they matter. Let a lawyer review what you sighed… ya’know… like the grown ups. You will likely pay for the review.

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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1 Answer | Asked in Criminal Law for Maryland on
Q: How long will Maryland take to decide if they want to come pick up my daughter from WV on Misdemeanor charges from 2018

My daughter has been in prison in WV for 2 years made parole 11 days ago. found out MD has detainer. how long till we know

She served 2 years...made parole 11 days ago. Has 3 misdemeanor charges out of MD from 2018. How long does MD have to come get her? we are going on 2 weeks and she has... Read more »

Mark Oakley
Mark Oakley answered on Jul 27, 2021

Hire a Maryland criminal defense lawyer for the Maryland charges, and that lawyer will contact the prosecutor's office to see what their intentions are and whether the process can be speeded up or, potentially, if they are willing to drop the charges altogether and release the detainer.... Read more »

1 Answer | Asked in Contracts, Criminal Law, Real Estate Law and Tax Law for Maryland on
Q: I bought a house with a girlfriend in November of 2014. On a side note concerning my girlfriend paying utilities.

Every envelope on the outside in bold all caps red letters read the following, "DELINQUENT NOTICE, PAY IMMEDIATELY OR FACE POTENTIAL UTILITY TURN OFF". One month I finally opened one and there was a substantial amount due because she had not been paying the bill. This similar thing... Read more »

Richard Sternberg
Richard Sternberg answered on Jul 26, 2021

To recap, you need to review the real documents with a real lawyer. And, the next time you "signed a document her Father wrote that stated my signature signified I was off the deed" without reviewing it with a lawyer, you'll get exactly what the document might or might not say. What... Read more »

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.

Scott Scherr
Scott Scherr answered on Jul 20, 2021

You can file a motion and ask for a continuance before the trial date or ask for a continuance on the day of trial. The decision will be up to the judge.

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1 Answer | Asked in Criminal Law for Maryland on
Q: can a adverse possessor file a unlawful detainer regarding the adverse possession.

can a adverse possessor file a unlawful detainer regarding adverse possession regarding the eminent - - pre-eminent entitlement owner/owners regarding the adverse possession.

Mark Oakley
Mark Oakley answered on Jul 17, 2021

No.

2 Answers | Asked in Criminal Law for Maryland on
Q: how many days do you have to file for a postponement regarding a court date.

how many days do you have to file a postponement regarding a court date before the court date. and and can I also have the case move to a closest court.

Scott Scherr
Scott Scherr answered on Jul 16, 2021

There is no definitive time period that you have to file a motion for postponement, but the sooner the better.

In a criminal or traffic case, the case must be heard in the court for the county where the offense took place. In a civil case, you can move to change venue before an Answer is...
Read more »

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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, Admiralty / Maritime, Civil Rights and Environmental for Maryland on
Q: What about my 4th and 5th amendment when the DNR and Coast guard stop you and perform a unwanted search of your vessel
Tim Akpinar
Tim Akpinar answered on Jul 5, 2021

The standard on the water is a different one than applied on the nation's roadways with motor vehicles in terms of constitutional law elements. The U.S. Coast Guard has broad powers to board vessels. Good luck

Tim Akpinar

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2 Answers | Asked in Criminal Law for Maryland on
Q: If a judge's ruling is ambiguous because of sarcasm, how should the defense go about challenging the ruling?

The judge denied a motion to "suppress all evidence relating to a confession made before being Mirandized" but is on record granting the motion for the defense. It seems the judge was being sarcastic when granting it and actually intended to deny it. The defendant was later found guilty.... Read more »

Michael Wilson McGraw
Michael Wilson McGraw answered on Jul 2, 2021

You're going to have to provide more information. Also, if the Defendant is entitled to an appeal of the Court's ruling you may be on a tight time schedule.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can You File A Motion To Modify A Court Case Filing Date. Or Can It Exist In The Existing Motion.

Can You File A Motion To Modify A Court Case Filing Date. Or Can It Exist In The Existing Motion. Example 1. ....The Motion Was To Be Filed On January 01 2020 But It Was Filed On January 01 2022 ( A Motion To Correct) (A Motion To Correct Such Things) Example 2. Hebrew Calendar 5781 Gregorian... Read more »

Mark Oakley
Mark Oakley answered on Jun 25, 2021

No. The date of filing is the date the clerk stamped it received in the clerk's office of the appropriate court. A judge cannot alter by motion, order or otherwise the filing date. There may be an order granting a motion to excuse a late or untimely filing, but that would depend on the... Read more »

1 Answer | Asked in Criminal Law and DUI / DWI for Maryland on
Q: Maryland's Rule 4-271 and C.P. § 6-103(a) -- is there a District Court equivalent?
Mark Oakley
Mark Oakley answered on Jun 24, 2021

No. Only applies to cases involving felonies within the jurisdiction of the circuit court, or for cases from District Court where the defendant is entitled to request a jury trial.

1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Is The Law Of Adverse Possession (clearly established law )

Is The Law Of Adverse Possession (clearly established law) And And How Do The Police Determine Adverse Possession From Anything Else?

Thomas C. Valkenet
Thomas C. Valkenet answered on Jun 22, 2021

Adverse possession is a civil legal concept. In Maryland, it is an inchoate claim that must be brought in court. Once all elements are proven, a court may grant possession and authorize recording of an instrument that includes the possessed property.

The police have absolutely zero to do...
Read more »

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.

Scott Scherr
Scott Scherr answered on Jun 22, 2021

A case will not be dismissed because of a typographical error or incorrect address.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Would this have any legal repercussions, as she would miss her obligation to receive the ankle monitor?

We have a friend who is at high risk of suicide. She was just released from a county detention center because of a violent altercation with her family during the suicide attempt and is legally obligated to receive an ankle monitor tomorrow.

We plan to transport her to the ER to be admitted... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jun 18, 2021

If she is on pretrial release, she would run the risk of being revoked, and possibly charged with other offenses. Under the circumstances, you should coordinate closely with pretrial services and the court, and follow their guidance.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can a 4th degree burglary charge in Maryland be expunged?
Scott Scherr
Scott Scherr answered on Jun 11, 2021

If you received probation before judgment, it can be expunged three years after the entry of the PBJ assuming that your probation has ended by that time.

Under a new law, a conviction can be expunged 10 years (pretty sure it is 10 years, but would need to check the statute) from the...
Read more »

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1 Answer | Asked in Criminal Law, Gov & Administrative Law and Civil Rights for Maryland on
Q: If I have a misdemeanor conviction in Maryland will my record follow me to another state?
Mark Oakley
Mark Oakley answered on Jun 6, 2021

Yes. All criminal offenses are entered into an FBI nationwide database. It’s what is consulted for criminal background checks. All law enforcement agencies nationwide are required to put criminal charges and case dispositions into the database. The only way to remove a record is if the charge... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: If a waiver of Rights form was filled by the lawyer and not defendant and not filled out entirely is still valid
Mark Oakley
Mark Oakley answered on Jun 5, 2021

What's valid is your signature under the acknowledgement paragraph that states you have fully read and understand all the rights afforded to you at trial, and that you are knowingly and voluntarily waiving those rights by entering the plea of guilty. What is also valid is your standing silent... Read more »

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