Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Eric Todd Kirk
2 Answers | Asked in Personal Injury and Civil Litigation for Maryland on
Q: What court and state can I sue if I reside in Maryland and was injured at Walmart in Kansas?

On August 23, 2020 while on vacation Plaintiff was injured (cut of left arm) at a Walmart store in the State of Kansas. However, Plaintiff resides in the State of Maryland. What are the statute of limitations and what state can the plaintiff file his complaint?

Eric Todd Kirk
Eric Todd Kirk answered on Feb 22, 2021

Kansas, most likely.

Consult a lawyer there regarding the SOL.

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: How can the use of Smart Speakers such as Amazon Alexa be used in court? How would the authorities get the recordings?

If a case needed voice recordings from a Smart Speaker, how would the court system request it and would the company who holds the recording have to comply?

Eric Todd Kirk
Eric Todd Kirk answered on Feb 11, 2021

The court system would not request it but the participants in the court proceeding would . In a criminal case I suspect the state would issue a subpoena to the appropriate entity to produce the evidence in court. If the appropriate entity is out-of-state, I'm quite certain that Maryland... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: I’m on probation for phone harassment With my kids mother she put two more telephone misused charges on me

What I’m trying to ask I have to go to court for two more phone harassment charges against me from kids mother we do have a court order where we have 50-50 custody and she has not been following the order yes I do blow her phone up yes I get angry with her and cuss at her and say bad things but... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 10, 2021

I would suggest that you do two things. Stop posting comments such as these- that can be interpreted as admissions- in a public, online forum. Secondly you should consult with an experienced criminal defense attorney in a confidential setting. If you cannot afford an attorney due to your financial... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Maryland on
Q: What can a landlord do legally during a home inspection? Is there anything illegal that could happen?

We have a home inspection with a very controlling, disgruntled landlord who does not believe we have any rights. It’s a verbal lease and he believes that he is law.

Can he legally go through, shift, move, touch anything that is ours during the inspection? What rights do tenants have... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 4, 2021

You should repost this query under the heading Landlord-Tenant to get the best advice.

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: I was arrested on a warrant for failure to appear the officer put the wrong last name on my citation will it be threw ou

I never received papers in my name for court, i even called the courthouse and the lady kept telling me that i didn't have anything

Eric Todd Kirk
Eric Todd Kirk answered on Jan 21, 2021

It won't be thrown out if the right person was charged, but a name was wrong. That can be amended. It could, however, be a defense if the wrong person was charged, or identity is not proveable. You might have other defenses. You should seek counsel.

2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: I'm Adverse Possess A Building The Owner Broke In And Three Outher Who Are Workers With Him And Stole Things

I Needed Regarding The Adverse Possession (No Trespassing Signs)/ Heaters 4 Trash Bags Tools And So On. I Called The Police And They Didn't Lock Them Up. And And I Went To The Police Commissioner And And They Declined My Application Of Statement Of Charges.With The Police Complain Police... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jan 17, 2021

It appears to me as though you need the guidance of an experienced property rights attorney to accurately, intelligently and knowingly advise you as to the requisites of a viable adverse possession claim.

View More Answers

2 Answers | Asked in Insurance Defense, Personal Injury and Car Accidents for Maryland on
Q: Backing up in Safeway parking lot parkvale md in Baltimore. Is it no fault Insurance or I pay

Was in the public parking lot as I backed out a parking space I hit the side of an on coming car. The question is am I liable to fix the other persons car or is Baltimore me a no fault state if the accident happen on a parking lot of a store

Eric Todd Kirk
Eric Todd Kirk answered on Jan 3, 2021

it's not clear from the context of your question but it certainly could be both. If there were injuries be at fault party's liability insurance would clearly be responsible for any losses, and the no fault carrier would be responsible for any resulting medical bills or lost wages.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: My mom was charged with 2nd degree chid abuse on record, she was not formally charged.

we found out about the charges through letters from several attorneys, does that mean its not as severe as the charges sound?

Eric Todd Kirk
Eric Todd Kirk answered on Dec 14, 2020

It's difficult to understand what you mean by "formally charged". There are different ways a criminal case can be instituted ranging from an application for a statement of charges filed by citizen to an indictment from a grand jury. Any criminal charges are serious ones and certainly... Read more »

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: According to MD trespass can be expunged. Does this refer to everything in 6-4
Eric Todd Kirk
Eric Todd Kirk answered on Dec 10, 2020

Can I have a Conviction Expunged in Maryland?

Until quite recently, the answer to that question was a resounding “no” except for some very minor crimes more akin to municipal offenses. Perhaps the paradigmatic example was "public urination" - a "crime" in name only,...
Read more »

View More Answers

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Maryland on
Q: Adverse Possession Can A Owner Break Into A Building On The Land And Change The Locks If Not What Would Happen Regarding

A Owner Break Into A Building That I Adverse Possession And Changed The Locks. And A Time A Renter Of A Bissnesses On The Land Of The Same Campus Broke Into The Same Building On The Land And Stole The Water Heater Turned Off The Water/ And Close The Building Up. Also What Are The Owns Rights... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Dec 7, 2020

The thrust of this question seems to concern property rights, and I would suggest your reposting it under the heading real estate/real property.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: Is there a specific amount of time the State's Attorney can withhold evidence from the defendant?
Eric Todd Kirk
Eric Todd Kirk answered on Nov 28, 2020

The state's attorney cannot "withhold" any discoverable [upon request] or exculpatory evidence from a defendant under any circumstances. The rules of criminal procedure set forth the time frame for production.

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: How long can the court Maryland court systems postpone a court date due to COVID-19?
Eric Todd Kirk
Eric Todd Kirk answered on Nov 24, 2020

The COVID19/coronavirus pandemic has claimed some 260,000 American lives since February. Experts suggest this is a once in a lifetime health crisis of epic magnitude. I predict he courts will continue to adhere to the guidance of public health officials and the governor. There is no limit on the... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: My spouse was incarcerated at the end of February, prior to COVID-19 closing all courts. His lawyer requested a speedy

trial, however, due to the COVID-19, all court proceedings were postponed. Will the state of Maryland be able to postpone the court date again for the same reason? What if a jury trial was requested, but jurors are not allowed to attend? Are there any petitions or motions that his lawyer can file... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Nov 24, 2020

Yes -the state can postpone the trial due to a global pandemic.

You should consult closely with your chose lawyer on options in this situation.

2 Answers | Asked in Car Accidents for Maryland on
Q: Can a estate be liable for personal injury negligence
Eric Todd Kirk
Eric Todd Kirk answered on Nov 8, 2020

Yes, or the insurance policy of the decedent, if at fault. The state would typically be liable for acts of negligence up ybtil the moment of death.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: Can I fight a no trespass notice?

I was stopped/detained at the grocery store store for concealing items and therefore shoplifting. The person who stopped me was in plain clothes and did not show me any id. I did cooperate, however my ID was in the car. They called the police, however before the police arrived I was allowed to... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Nov 1, 2020

It's difficult to envision the forum in which the no trespassing notice would be contested. Although you have not yet been charged it's conceivable criminal charges will be filed against you, and you could raise challenges to the lawfulness of the stop at that time. If you are charged... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Maryland on
Q: Does an employer's IME doctor have to submit their report by a certain time or is it anytime up until the hearing date?

I'm looking for information regarding MD Workers Comp cases. I saw my doctor on 08/11 and its now 10/06 and still no report. The hearing is set for 10/30.

Eric Todd Kirk
Eric Todd Kirk answered on Oct 6, 2020

Everything is supposed to be served on the other side in advance of the hearing date. That often is not the case. In some instances the IME reports are delivered on the date of hearing. in other instances the commissioner 'holds the record open' so that the report can be filed later.

1 Answer | Asked in Car Accidents for Maryland on
Q: Hello my daughter has an FTA for an Supposed to be hit and run and was called back to the seen of the accident which

There was no accident one the drives is the Brother of the passenger that was in a conflict with the drive she left than she gets a call from the Police and the Insurance company stating it was a fraud she's in Atlanta Ga living there so now she has an FTA how can this be fixed ,thus FTA is... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Oct 2, 2020

She needs to file a motion to quash or recall that warrant , and explain these circumstances. In my experience, such motions have a better chance of success with counsel.

2 Answers | Asked in Criminal Law for Maryland on
Q: what if i receive a notice about obstruction of correspondence will i be fined or go to jail.
Eric Todd Kirk
Eric Todd Kirk answered on Sep 30, 2020

Can you provide some additional detail. What type of notice did you receive? Does it list a statutory section under which you have been charged? Some additional context is required to fully answer your question.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: Why am I being charged for defending myself in my own home?

I was attacked from behind in my own house. I tried using a knife to defend myself but before i could i was slammed to the ground and unconcious a few seconds. Why am i being charged?

Eric Todd Kirk
Eric Todd Kirk answered on Sep 29, 2020

It's unlikely that you would be charged based on the facts as you've described. I can't see that any crime was committed based on the information you provided. You didn't say what you were charged with. Was it related to the possession of the knife? I think it more likely that... Read more »

View More Answers

1 Answer | Asked in Workers' Compensation for Maryland on
Q: During a worker's comp case does my employer's IME doctor have access to medical records not related to my injury?

Should the doctor only have access to medical records related to my injury? Is he granted my entire medical history since I was a kid? Thanks

Eric Todd Kirk
Eric Todd Kirk answered on Sep 25, 2020

So, you have filed a workers' compensation claim. By doing so, you've in effect but the body part injured "at issue". In other words, whether or not you've ever had problems with that part of your body before is the subject of legitimate inquiry. Certainly, the employer is... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.