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Questions Answered by Thomas J. Maronick Jr
1 Answer | Asked in Criminal Law for Maryland on
Q: How do I restore my right to own and possess a firearm since I pled guilty to CR.7.105 on 2/21/2013
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jul 3, 2020

Hopefully the chance at probation before judgement remains though that would have to have been filed within 90 days of disposition. But if your lawyer (if you had one) did not do that you can seek post conviction relief and a chance to turn the conviction to a non-conviction.

1 Answer | Asked in Criminal Law and Internet Law for Maryland on
Q: Hi I got a question what is display obscene mat to minor means cjis is 1-0635 and statue code 11-203 b1 or d1

Do I have to register as a sex offender ?

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jul 3, 2020

It means displaying obscene materials (like pornographic magazines) where minors could have access. The penalties are criminal - one year and up to a $1000 fine. It does not require registration from my initial review of the statute. But it is nevertheless a serious criminal charge.

1 Answer | Asked in Car Accidents, Wrongful Death and Criminal Law for Maryland on
Q: How can I protect my family in the state of MD if caught in a roadblock protest and they begin attacking my car?
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jul 3, 2020

In Maryland you cannot use deadly force for property alone and you can only use reasonable force depending on the circumstances. If they are attacking the car with your family in it and you fear for their safety, you could likely use reasonable force to prevent the assault.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with a federal offense that began in dc.,18 u.s.c 2423. 11-502 required offense that' also violates dc

Code must be charged. I noticed that although 2423 also contains the offense of prostitution I was never charged with any dc code offense

In fact, I'm the only person that's been every charged like this. ..please help

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on May 7, 2020

When you day DC are you referring to federal District Court in Maryland or DC as in District of Columbia? Where is the case now? How many others were involved? It seems like you are being charged with being part of a ring. Federal charges are based on statute instead of the common law and are... Read more »

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?
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on May 7, 2020

Depends on your record at the time and how serious the assault was and whether a weapon was involved. I was involved in legislation in Annapolis seeking to come up with a new degree of assault charge to lower the maximum penalty (up to 10 years) on an unconsented-to touching without a lawful... Read more »

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

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on May 7, 2020

No unless the search results of downloading or uploading of illicit content. Keep in mind some software allows for sharing of information during access of a site. Another thing to worry about is cookies which can be inserted unless you block them. If the charge were "possession of child... Read more »

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3 Answers | Asked in Banking, Criminal Law and Federal Crimes for Maryland on
Q: can I get charged for committing fraud I didn’t know was happening? Can I put this back on the bank? And my boss?

I got a new job, it’s been done through email so far, seems silly I know but I’m 18 and naive as heck apparently anyways, I get sent a check, I tell the bank lady what I thought it was for, the deposit it, my boss tells to go to Walmart and get money orders and send them else where. Later the... Read more »

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on May 7, 2020

The key is intent.. it is not fraud if you had no intent to do something unlawful. If your actions were required by the employer, and you acted without knowledge of the check being fake, and no reasonable person would have found the check to be fake (meaning it seemed real) then I don't see... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: File a motion to retry case .. A juror husband was there everyday talking with detective he said “i wish u were a juror”

Trial lasted a week .. detective was shaking the hand of the juror’s husband and patted him on his back

I believe once the juror’s husband said his wife was on the jury, no further contact should have been made

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Apr 17, 2018

The question is whether the husband’s action connoted an impropriety with the juror and the case. I can’t tell from these facts but it is worth looking at. Contact the defense counsel with this ASAP for a potential appeal issue.

2 Answers | Asked in DUI / DWI for Maryland on
Q: Can you get a DUI if you weren't driving while drunk? I was parked and asleep.
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Mar 30, 2018

Sounds like an Atkinson case to me. I’ve won cases in similar situations when the evidence showed the car was being used for shelter and not transportation.

Of course - as every case is different and past success is not an indicator of any particular result in your case - it will depend...
Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: Got a failure to appear in Anne Arundel County in 2014, petty theft. Bail forfeited.

In 2014 on vacation in Maryland with a group of friends. I got petty theft charge. a disagreement with a friends in our group. I was arrested spent a couple hours in jail,was released by the commissioner. I missed my court date and got a failure to appear and bail forfeited. I now have a warrant. I... Read more »

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Feb 25, 2018

You probably forfeited the bail when the court date was missed. You want a lot to happen for not having money to pay for a private attorney. That being said, you definitely need representation. I suggest you contact Office of Public Defender. If you qualify for their services they will assist you... Read more »

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3 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: I’ve been subpoenaed to testify against my child's father for 2nd degree assault but I don want too what should I do
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jan 31, 2018

Who subpoena’d you? The State’s Attorney’s Office or defense. Tell State’s Attorney’s Office if it is them that you don’t wish to testify.

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1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Where would I begin looking for an attorney for grandson who is a criminal defendant with mental health issues?

What concerns me most about my grandson's case: My grandson appears to not have substantive conversations with a public defender who represents his interest. For example, the public defender who appeared in court on January 16 thought my grandson was still in the state mental health hospital... Read more »

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jan 19, 2018

We handle these issues and you can call us at 410 244-5068. The initial consult is free.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a person who previously had a ncr conviction for first degree murder become a gun dealer

If the person complied with treatment and has a Dr give an ok that person is in compliance.

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jan 18, 2018

I would really have to look that up. I would normally say no way except that an NCR and a finding of mental fitness subsequently would seem to allow that. I will try to get back on this one. This feels like a law school exam question.

1 Answer | Asked in Criminal Law, Personal Injury and Wrongful Death for Maryland on
Q: Can the State be sued for releasing someone who murdered previously and then murdered again 2 months after release?

My brother was murdered. His

murderer killed a woman before- served 10 years... and was released back into society only to kill again 2 months after his release. Can someone be held responsible?

Thanks

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jan 18, 2018

No. The courts and parole board make those decisions and both are immune from suit unless the release was due to negligent error. Then you might be able to sue the state.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: My bf is charged with first degree murder , first & second degree assault, &with deadly weapon will he come home

He is 19

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jan 18, 2018

Doubtful. Unlikely he gets a bail on that. But he clearly needs counsel as soon as possible. Call or have someone call our office if he doesn't already have private counsel and can afford through his family to pay for private counsel. Consult is free. (410) 244-5068

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Can i sue if a police they lock me up for a burglary i didnt commit and mistake me for the guy who did it .

There were two suspects and a black male and the other a lighter male the lighter male came to my house casually and didnt know he was on the run and the police came through my door and chase through my house through him and lock up me because they think i was the other guy . they told my family... Read more »

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jan 18, 2018

Possibly. Depends when the incident occurred --- must generally be within 1 year to fulfill notice requirements -- and there would have to be some degree of damages. Deprivation of liberty could be part of that.

1 Answer | Asked in Criminal Law and Municipal Law for Maryland on
Q: What crimes would be charged against a subject for self defense of their home or property?

More in depth if a person used a firearm in the defense of self or others what crimes are they being charged with?

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jan 18, 2018

Almost anything. Maryland generally DOES NOT allow use of deadly force to defend against property. The gray area is that Maryland does allow citizens to make an arrest when warranted and that the castle doctrine means you ARE allowed to defend yourself within your home using reasonable force and... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: My son lives in MD and currently has three outstanding FTA warrants. He was in VA and Stafford County police picked him

up after his gf gave them info about where he was and that he has warrants in MD. He is now in jail there with three FUGITIVE, FELONY W/O WARRANT charges. What does that mean?

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jan 18, 2018

Means he could be extradited into MD. He should hire both VA and MD counsel. MD counsel such as myself can help with the cases in MD where he Failed to Appear for court. It means he skipped or couldn't make 2 court dates and the judge set in warrants for both. Not sure what "fugitive... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: My son is currently serving 18 months for theft under $1000. He is now being charged for vagabond theft under $1000.

The new charges are from 2016. We are in Maryland. Could this add more time to his sentence?

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jan 18, 2018

Depending on if he's convicted and whether any part of the prior sentence included probation and backup time.

1 Answer | Asked in Criminal Law for Maryland on
Q: am i eligble for a hql if i have a charge for resisting arrest without violence in another state

my case is 11 years old from 2007 for resisting arrest without violence i was found guilty researching fl statue it is punishable by less than a year but was denied hql because of charge i was given 6 months probation which i completed suscessfullly

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jan 18, 2018

It could affect it but possibly not. I would need to see the specific facts of the case to determine whether this specific case falls into the category of excluded offenses or whether there was a grandfather clause for certain cases.

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