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Questions Answered by Eric Todd Kirk
1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get a case dismissed so me and my boyfriend don’t have to go to court

My boyfriend got charged with second degree assault I don’t want to press charges nor do I want to go court for this case how can I get it dismissed I reached out to the prosecutor but I haven’t been able to reach her yet so what I can do fast efficient to get it thrown out

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

It's completely out of your control. The people of the state of Maryland through the office of the state's attorney are prosecuting the case. The decision whether or not to proceed with the case is within the sole discretion of the prosecutor, not the victim. You can certainly make your... Read more »

2 Answers | Asked in Criminal Law, Traffic Tickets, Car Accidents and Civil Litigation for Maryland on
Q: Can I sue a driver hitting my parked car and run off but was caught and went back to the scene?

The driver hit my parked car and ran off but was caught by our neighbor when he chased him and convinced him to go back to the scene which he did. The police arrived and found out that the driver apparently has a suspended license. Insurance company said that that most likely will happened is for... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 5, 2020

If his insurance company refuses payment or if you can't come to reasonable terms, you can sue the other driver. You may be able to make a claim for the diminished value of your automobile if you have evidence that the vehicle is worth less then it would otherwise be after having been wrecked... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: hello, would you happen to know the chances of someone getting house arrest or

how much time they would get being charged with assault 1 and 2 if there was no adult offenses prior and no weapons involved

Eric Todd Kirk
Eric Todd Kirk answered on Jul 5, 2020

First degree assault carries a maximum penalty of 25 years and second degree assault 10 years. There might be a variety of mitigating factors that a judge would consider at sentencing that are not present in your question. The person charged should immediately consult with an experienced criminal... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Maryland on
Q: My brother was struck by a car and killed in Baltimore Maryland the officers won't tell us anything what can we do

We have a estate lawyer for him but they won't tell them anything but that it's a active murder investigation, wouldn't it be vehicular manslaughter. officers turned the case over to the ASA but nobody called n told us that they won't let us see the video of the accident either... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 4, 2020

I am very sorry for your family's loss. I know that these are trying times but you must act relatively quickly here to ensure that all relevant information is preserved. You must immediately hire a personal injury attorney to pursue wrongful death and other appropriate actions. There any.... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: can any court anywhere in the us skip arraignment preliminary and pre trial hearings and go straight to trial?
Eric Todd Kirk
Eric Todd Kirk answered on Jun 30, 2020

I'll only speak to Maryland since that is where you appear to be located. For crimes prosecuted in The district Court of Maryland, the only court date is typically the trial date. Any pretrial motions are addressed on the day of trial.

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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?

Eric Todd Kirk
Eric Todd Kirk answered on Jun 26, 2020

A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of:

(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse...
Read more »

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2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Animal / Dog Law for Maryland on
Q: How should I go about getting my deposit back from a a breeder who refused for follow through with obligations

A breeder required 300$ down payment to guarantee a puppy. He promised to send pictures of the female bluenose pitbull puppy, a copy of lineage and shot paperwork, and receipt for payment. After days of me attempting to contact him he refused to respond or and phone calls and texts. He than texts... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jun 18, 2020

Your initial instinct that this is a civil case appears correct. I would suggest not calling the police. I would further suggest sending in the demand outlining your damages to the at-fault party. Should they be unwilling be to negotiate, I would suggest consulting with a civil litigation lawyer in... Read more »

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5 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Telling the short story and I am mostly trying to find out if the truck was at fault.

There are 2 traffic lanes going North bound and 2 traffic lanes going South bound with a legal turning lane to make a left (no light to make turn) . I was in a car on the passenger side waiting to cross the 2 on coming lanes of North bound traffic. There is a traffic light slightly down the road... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jun 17, 2020

As you might imagine this is a highly complex situation and not a question that can be answered in an online forum. I would strongly suggest to you that you consult with one or more experienced personal injury attorneys who can analyze the specific facts, review police reports and witness... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: I am on parole if I pay my fine off will.be able to be taking off parole
Eric Todd Kirk
Eric Todd Kirk answered on Jun 16, 2020

There doesn't appear to be enough information in your question to be able to intelligently answer it. There are a lot of variables that could impact the answer beyond simply paying off a fine. You may wish to consult with an experienced criminal defense attorney in a confidential setting of... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: My CoD is on house arrest for something I did, I want her released and all charges dropped against her.

We were searched by police, they found weed and a gun. It was her car. But i tried telling them it was all mine what must i do to get her released immidietly and charges dropped ?

Eric Todd Kirk
Eric Todd Kirk answered on Jun 15, 2020

There is little you can do. The choice to prosecute someone, or not, is squarely within the discretion and judgment of the prosecutor. If contraband items were found in someone's car, it makes sense that they would be charged. For example, someone does not need to 'own' an item to be... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Hi. Is it legal to be your son’s manager at work? Like as in direct supervisor.
Eric Todd Kirk
Eric Todd Kirk answered on Jun 13, 2020

I can't think of any criminal laws that would prevent that arrangement. Indeed I suspected happens frequently. You might want to consider reposting this question under a labor law or employment relations heading

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2 Answers | Asked in Criminal Law for Maryland on
Q: How can you prove this charge if statute Cj 3 8a-30
Eric Todd Kirk
Eric Todd Kirk answered on Jun 9, 2020

Crimes are not mystical, metaphysical happenings, but rather relatively straightforward conduct and acts committed with the requisite intent. If someone directly observes the conduct, or, if the state possess is a sufficient amount of circumstantial evidence, the proof of criminal conduct is... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: If a protective order has been violated but it expired a month before I go to court can i still be arrested.?

Protective order was violated in May but it expires in August

Eric Todd Kirk
Eric Todd Kirk answered on Jun 8, 2020

It's the date of the alleged violation not the court date that will govern the outcome. Please keep in mind that this is a public forum. You should consult privately with an experienced criminal defense lawyer of your choosing as violations of protective orders are taken seriously.

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1 Answer | Asked in Criminal Law and Military Law for Maryland on
Q: What type of lawyer do I need to sue someone for harassment/stalking?

I have been photographed without my consent multiple times in a publicly used area. These photographs, along with phone calls, have been used to instigate issues with our housing management, we aren't sure to what end. These individuals have tried to bring us to court under pretenses, and one... Read more »

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

You can file for a civil peace order, and discuss the case with the police department or take out an application for statement of charges at the commissioner's office. You can also speak with a civil litigator about injunctive relief, defamation, false light and other civil claims wherein you... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Am I obligated by law to attend an 'additional' meeting after a park ranger has already detained me and let me go

Hello, a park ranger had detained me for metal detecting in a national park. He never read me my Miranda rights and forgot to make me sign one of the citations he gave me, but made me sign the other. He let me go, and 2 weeks later, he calls me and asks to meet with me in person to get more... Read more »

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

You never are obligated to discuss matters with government officials where there is a risk of criminal sanction for you. Even if you are arrested for this offense, you do not have to talk, or should you choose talk, you may elect to do so only with a lawyer present, and terminate any conversation... Read more »

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1 Answer | Asked in Employment Law and Workers' Compensation for Maryland on
Q: Private Short Term Disability and Worker's Compensation Payments.

Hello,

I contracted COVID-19 from my work as a Nurse. I stayed in bed for a week and then 18 days in the ICU. I am on home O2 Therapy for the present time as I continue to suffer from significant shortness of breath among other issues.

A Worker's compensation case has been... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on May 31, 2020

You'd want to make sure that each of these providers -workers compensation and the two private disability insurers- are aware that you are receiving or have been approved for other benefits, and the amounts. The long-term effects of covid-19 are still under investigation may take years to... Read more »

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.

Eric Todd Kirk
Eric Todd Kirk answered on May 22, 2020

Then he should apply today. They have cutoffs to apply for services.

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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.

Eric Todd Kirk
Eric Todd Kirk answered on May 21, 2020

He should immediately consult with an experienced criminal defense attorney. A theft conviction can have lifelong implications. Many judges treat employee theft cases harshly.

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Q: Can I file a suit for personal injury against the Federal government?

I have been harassed by my immediate supervisor for 4 years, I have been to management, Human Resources, union and have even filed an EEO case to no avail. I finally broke and went to a doctor who diagnosed me with severe depression and anxiety and stated I should have no contact with this... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on May 16, 2020

You may have a workers' compensation claim. You should consult with a federal workers' compensation lawyer in a confidential setting.

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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

Eric Todd Kirk
Eric Todd Kirk answered on May 16, 2020

Someone could absolutely be convicted of the crime based on that evidence alone, especially if the crime charged related to possession only.

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