Entering NSA property from I95 on ramp. He was told by the police that they couldn't get in touch with a u.s. state's attorney, so in lieu of that was given citation for the cocaine and a receipt for the 5k. That's been about a month ago and nothing has happened. Have they chosen not... View More
answered on Mar 23, 2017
I would assume federal charge. The issue is jurisdiction. If the case was on federal property or in federal territory at the time it will likely originate in federal court. The options in Maryland could be the Greenbelt courthouse or the Baltimore courthouse depending on where on I95 this... View More
He was suspended in November 2016 for 10 days from school. I just found out today he submitted a written statement to the school police, no parent or representative on his behalf was present. He's 13yo and good to public school. I received a call 3/22/17 from Mr. Riggs at the Juvenile Justice... View More
answered on Mar 23, 2017
It's a whole other ballgame as to what kids can bring to school. If the knife is illegal in general, then potentially YES if he is charged as an adult. It sounds like they are going to charge him as a juvenile which is not a jail situation but could be reform school or similar. In our... View More
answered on Mar 22, 2017
Any time you are arrested and about to be questioned you must be read Miranda rights. That's the law. Otherwise the statements made could be found to be inadmissable. However there are ways the police can talk to people voluntarily, pre-arrest without needing to Mirandize.
I am 17 years old and this is my first offense. My citations mentions criminal law after stating Something about a "must appear" mark. My ciataion only say payable by fine. I was just wondering if it applies to me as well and will show on my criminal record or if it is only a traffic violation.
answered on Mar 18, 2017
It's a must appear but is simply a payable traffic citation rather than a jailable offense. You can fight this in court or pay it off. . I recommend to my clients generally to take any traffic citation to court no no matter how small because there is always the risk of points in certain... View More
It's up to the judge whether or not to hear my case. If he does then there's a chance that it can be changed to a pbj, then expunged right?
answered on Mar 18, 2017
The Maryland statute regarding reconsideration of sentence generally holds that you have 90 days to ask the court (must be in writing) from date of disposition of your case to ask the court to modify or reduce your sentence. If you file too late you may lose the right, but you could timely file... View More
I am an owner of a pizzeria who was arrested transporting money to the bank, gun not stolen, but obviously was not licensed and transported the weapon in the cabin of my vehicle
answered on Mar 18, 2017
This should not preclude you. Here is the applicable statute which applies only to people who have "been convicted" either of a felony or a "disqualifying crime."
A person convicted of a “disqualifying crime” who possesses a “regulated firearm” is subject to a... View More
in either case and has no arrests on his record. He violated his probation by only completely 12 of 20 classes due to his work schedule. They are willing to accept him back in the classes. He turned himself in on Monday and has been sitting at BCDC since. He has not seen a commissioner or a judge... View More
answered on Mar 18, 2017
If he has an attorney, he should consult the attorney on these issues. His attorney may be able to assist with these concerns. It would be inappropriate for me to comment on his specific case facts since he has counsel on this matter except to respond generally.
answered on Mar 18, 2017
IF it was theft LESS than $1000 that is is misdemeanor offense carrying 18 months incarceration (maximum) or a $500 fine. The laws may have changed since 2005 insofar as wording and penalties but I am guessing this is what you are/were looking at.
answered on Mar 18, 2017
Current Maryland law, sadly, does not allow for expungement of DUI PBJ's. I personally advocate for a change in the law since many other, more serious offenses for which one gets a PBJ can be expunged, but I am not a lawmaker so I wouldn't be the one deciding.
answered on Mar 18, 2017
Short answer, yes. Maryland will consider all of the other DUIs as if they happened in Maryland. The statute allows for the State's Attorney's Office to seek enhanced penalties for a prior conviction. If these were DUIs in Virginia (what would be consider a DUI in Maryland) then the... View More
answered on Mar 18, 2017
The field sobriety tests are the primary tests. They allow the officer to make a determination as to whether they have probable cause to make an arrest IF the tests are properly conducted AND the officer had reasonable grounds to be able to even ask for the tests. One test not specifically part... View More
My ex-husband recorded phone conversations and our court trial and posted them on Facebook and Youtube. The court trial contains my address and other personal information for anyone to hear now. He was already ruled not to stalk me. Can I legally do anything about this? I had no knowledge of being... View More
answered on Mar 18, 2017
Usually not and there could be criminal charges that emanate from this. For example, I had a case where my client was alleged to have recorded with secret recording glasses part of the bail proceeding from where the public is not normally permitted. He was charged criminally for his actions. Also... View More
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