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Questions Answered by Robert C. Bonsib
2 Answers | Asked in Civil Rights, Federal Crimes, Intellectual Property and Social Security for Maryland on
Q: I received an email about because I got a notice of le a legal proceeding should I take it seriously

Case File : PS0103019

Court House Address- -United States District Court 500 Pearl Street, New York, NY 10007.

Lawsuit Cost - $4526.65(Including Attorney Fee/Court Fee/All Taxes)

Last Date to File Lawsuit - July 28th 2020.

Attorney Name- Paul Smith (Sr. Attorney in... Read more »

Robert C. Bonsib
Robert C. Bonsib answered on Jul 28, 2020

This is a fraud...

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1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Is it legal for the police to detain you and call a K-9 unit out solely because you have a single past criminal charge?

My husband and I pulled out of our driveway and passed a state trooper who immediately turned around, followed us for 2 miles (long enough to run our tags and see that he has a 5 year old closed misdemeanor drug case against him) then pulled us over into a parking lot. He said he pulled us over... Read more »

Robert C. Bonsib
Robert C. Bonsib answered on Jul 27, 2020

Unfortunately - this happens all to often.

If the police have a legitimate reason to stop a vehicle - the duration of the stop must be analyzed by the reason for the stop - for a minor traffic violation the time period should be brief - if there is no reason for the stop - then the stop...
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3 Answers | Asked in Criminal Law for Maryland on
Q: I have a second degree assault charge with PBJ. On probation for three years. How long until I can get it expunged?

I am past year 2. First time offense. Have not gotten into trouble. I got bad advice from my past lawyer on this case. I want to get it expunged as soon as I can but I read that I might have to wait 3 years after my probation is over until I can apply for expungement with PBJ. Is that true?

Robert C. Bonsib
Robert C. Bonsib answered on Jun 26, 2020

Normally you must wait 3 years after you have received your probation before judgement, however, the statute permits you to request an earlier expungement for good cause but you would also have to have the length of your probation shorted as you could not expunge your case while you are on... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: With me pleading guilty on 2/21/2013, to CR.7.105, does this prevent me from owning/possessing a firearm
Robert C. Bonsib
Robert C. Bonsib answered on Jun 22, 2020

Yes. If you plea guilty to motor vehicle theft - CR 7-105 - that is 5 year felony and you are prohibited from possessing a firearm.

2 Answers | Asked in Criminal Law for Maryland on
Q: My probation requires me to get a bachelor's degree or I do 10 years in prison. Can't afford it, my judge can do that?

I took a plea and faced 1 year max in jail time, but I didn't know she'd impose these harsh terms. I'm 22 years old. She pretended to sentence me the full year but it was actually a month which I learned later. I was told the terms of probation when I got out of jail. The pandemic is... Read more »

Robert C. Bonsib
Robert C. Bonsib answered on Jun 12, 2020

The sentence you have described is an unusual one. It would be helpful to have more details about your case to more fully answer your question. It may be that there is nothing that can be done. You are welcome to privately email your name, case number and the jurisdiction in which your case was... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: What do you think he should do as far getting a public defender, right now he does not have any income.

On the walmart theft citutation.

Robert C. Bonsib
Robert C. Bonsib answered on May 21, 2020

yes

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3 Answers | Asked in Criminal Law for Maryland on
Q: So a friend of mine was just fired from Wal-Mart recently for theft with a total value $1.098. What should he do..?

Its is his first time.

Robert C. Bonsib
Robert C. Bonsib answered on May 21, 2020

An employer is not likely to retain an employee who commits theft - no matter what the amount.

However, many prosecutor's offices with a theft case - where the amount is small - will agree to dismiss the case upon the completion of community service - and then the case can be...
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3 Answers | Asked in Criminal Law for Maryland on
Q: Can someone be convicted in Maryland for a gun charge if all the proof you have his the person holding it in picture but

Not on person when the police comes

Robert C. Bonsib
Robert C. Bonsib answered on May 16, 2020

It is unlikely that you could be convicted based upon a picture alone. The prosecutor would have to prove that the item was, in fact, a firearm. While that can be proven in some circumstances without the weapon being recovered, it not likely that could be done based upon a picture alone. Also,... Read more »

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3 Answers | Asked in Criminal Law for Maryland on
Q: can a internet search on its own be illegal without any after action

merely an internet search on google with no downloading of any content

Robert C. Bonsib
Robert C. Bonsib answered on May 7, 2020

It depends on what you are downloading or viewing.

As an example, if someone searches for child pornography and views the images or videos but does not download them - that is still a crime.

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Charge with first degree assault and second degree assault at the same time, give me a estimated jail time or a minimum?
Robert C. Bonsib
Robert C. Bonsib answered on May 4, 2020

First degree assault has a maximum punishment of 25 years. Second degree assault carries a maximum of 10 years. If the charges arise out of the same act - the second degree assault would merge into the first degree assault so the total maximum would be 25 years. There is no minimum sentence so... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can i own a firearm in Maryland with a criminal record?
Robert C. Bonsib
Robert C. Bonsib answered on Mar 19, 2020

It depends upon your conviction. What is the conviction?

2 Answers | Asked in Criminal Law for Maryland on
Q: I was pulled over with a Ounce of marijuana And a Xanax 1mg not in a bottle. Now being charged a year later. Can i win?
Robert C. Bonsib
Robert C. Bonsib answered on Mar 16, 2020

It is unusual for a charge to be placed a year later. If this is in Maryland, there is a one-year statute of limitations for possession of a controlled substance. Without knowing the exact statute under which you are charged regarding the Xanax not being in a prescription bottle - I cannot tell... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: wht does it mean when the amount of drugs in the police report are different than the amount received by the chemist
Robert C. Bonsib
Robert C. Bonsib answered on Mar 14, 2020

Often when the drugs are initially seized - the police weigh the drugs together with package in which the drugs were contained - when the drugs get to the chemist - the net weight of the drugs - when weighed by the chemist is often different.

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2 Answers | Asked in Criminal Law for Maryland on
Q: are police required to send a drugs from a traffic stop to the lab to be tested
Robert C. Bonsib
Robert C. Bonsib answered on Mar 14, 2020

Yes - if they intend to prosecute a person for possession of the drugs. If the amount of drugs is small - sometimes the police may not intend to go forward with a prosecution for possession - and in that instance they may not send the drugs to the chemist for analysis.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can I have this charge expunged

Three identicle charges for one incident. Found not guilty, pbj, and guilty with pbj sentence attached.

Robert C. Bonsib
Robert C. Bonsib answered on Feb 2, 2020

If you received a PBJ (except for DUI) in most instances you are eligible for an expungement after three years. In some instances, if you can convince a court that you have good cause - you may be permitted to file for an expungement earlier than three years - but generally it would not be until... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: My wife and I were arguing one evening and our 14 yr old daughter called the police because our arguing was "annoying"

At one point I was walking away from my wife and she put her hand on my arm and said "honey please dont walk away from me, let's talk". I then pulled my hand from my pocket and my pinky finger got stuck in my pocket and i dislocated it. I popped it right back in place and put a... Read more »

Robert C. Bonsib
Robert C. Bonsib answered on Jan 25, 2020

Your biggest problem will be the prosecutor's suspicion of your explanation - regardless of the truth of your explanation. Once you retain an attorney - your attorney can discuss the best way to approach the prosecutor - if you and your attorney decide that is the best course to pursue.... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Hi what does consent motion mean? The case was moved to circuit court, it says subsequent offender/ additional penalty

It also says consent- reschedule status/ settlement conference.

Robert C. Bonsib
Robert C. Bonsib answered on Jan 1, 2020

While there are not enough details in your questions to be certain what the entry may mean - it sounds like there had been a status conference scheduled that was rescheduled by consent of the parties. If you have an attorney, your attorney may have agreed with the prosecutor to reschedule the... Read more »

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