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Questions Answered by Eric Todd Kirk
1 Answer | Asked in Criminal Law for Maryland on
Q: What to do if suspected drugs that was found on person wasn’t tests at the spot or in a lab

And still being charges

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

If the State cannot prove beyond a reasonable doubt the seized item was a controlled dangerous substance [CDS] they cannot convict. Seized items are rarely, if ever, tested on at the scene, and typically sent out to a lab, or tested internally, depending on the size of the jurisdiction.

1 Answer | Asked in Criminal Law for Maryland on
Q: If you have a bench warrant will you for failure to appear in court..

If you have a bench warrant / warrant / warrant for failure to appear in court.. and you sign up for a public defender at the district court commissioners office what do you do if the police come to arrest you or can they. do you gave them a copy of the commission's document regarding the... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 28, 2021

If there is a warrant for your arrest, I do not think that your application for the public defender will make any difference to arresting officers. If the PD obtains an order recalling the warrant for you, you should keep a copy of that order, and show that to any arresting officers.

2 Answers | Asked in Criminal Law for Maryland on
Q: My Cousin is demanding $150,000. What part of the Annapolis Police department handles extortion?

I believe I am the victim of extortion. My Cousin is demanding 150,000. What part of the Annapolis Police Department handles extortion?

Eric Todd Kirk
Eric Todd Kirk answered on Jul 27, 2021

https://www.aacounty.org/departments/police-department/

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2 Answers | Asked in Car Accidents for Maryland on
Q: How long before a trial is scheduled for a July 2021 ticket? When I called they are still scheduling 2020 court cases.

I am currently suing the person that hit my vehicle, but didn't want to wait another 6 months to a year before my trial is scheduled. Should I contact my insurance company and pay the deductible to get my vehicle fixed? I have full coverage, but don't have full PIP coverage. I think this... Read more »

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

It might not be possible to reliably predict when a currently file case will make it to trial. As you know there are meaningful delays due to covid and there could potentially be more. It's a financial decision but you may well wish to pay your deductible and let your insurance company try to... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: can you ask the judge at your court trial for a continuance in criminal court regarding your court trial.

can you ask the judge at your court trial for a continuance in criminal court regarding your court trial. or or the clerk of the court.

Eric Todd Kirk
Eric Todd Kirk answered on Jul 20, 2021

You can ask the Judge. You would file any prior motion with the clerk. Any such request must demonstrate "good cause" for your request.

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1 Answer | Asked in Criminal Law for Maryland on
Q: how long do you have to sign up for a public defender Maryland Baltimore City

Before Your Court Date

Eric Todd Kirk
Eric Todd Kirk answered on Jul 15, 2021

The conventional answer has always been 10 business days before your trial.

2 Answers | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

Can Criminal Cases Be Dismissed If The Name Or Address On The Warrant Or Court Trial Is Incorrect /Misspelled.

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

No. Technical errors like you described are simply amended.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Would this have any legal repercussions, as she would miss her obligation to receive the ankle monitor?

We have a friend who is at high risk of suicide. She was just released from a county detention center because of a violent altercation with her family during the suicide attempt and is legally obligated to receive an ankle monitor tomorrow.

We plan to transport her to the ER to be admitted... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jun 18, 2021

If she is on pretrial release, she would run the risk of being revoked, and possibly charged with other offenses. Under the circumstances, you should coordinate closely with pretrial services and the court, and follow their guidance.

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4 Answers | Asked in Criminal Law for Maryland on
Q: Police are building a case against me for multiple counts of credit card fraud and theft.

I admitted to everything and they searched my car and confiscated evidence for the case. I was terrified because I owe many people money and I committed these terrible crimes. I have never been in legal trouble before. Will I have to pay fines and possibly jail time? I stole debit cards and items... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Apr 15, 2021

This is a public forum, not protected by lawyer-client confidentiality. While it may be a stretch, it could be possible for an intrepid prosecutor to subpoena the posting information, and use your admissions as part of a case against . The better course is to seek the guidance of an experienced... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How does a jury trial go for a violation of protection order? What happens as far as deals or will the case go to trial?

Will the state spend money on a jury trial for this type of case? Is it worth it?

Eric Todd Kirk
Eric Todd Kirk answered on Apr 12, 2021

The State absolutely spends money on these cases. A first violation has a maximum of 90 days. There is a one-year sentence possible for subsequent violations. It's impossible to gauge how a trial may go without knowledge of the facts of the alleged violation. You should meet with a lawyer in a... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Is the prosecution case strong if someone violated a protective order but you can’t see who it is in the video evidence?

The video has no time stamp to prove where it happened, date or time and there are witnesses saying that the accused is guilty because they seen the person at the said time.

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

That seems like a remarkably strong case. Eyewitness testimony from multiple sources placing an individual at a scene- presumably where they are not supposed to be- corroborated by video evidence.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is calling on behalf of someone saying you are them a crime
Eric Todd Kirk
Eric Todd Kirk answered on Apr 10, 2021

It could be part of a series of acts that constitute a crime, depending on the context. It's not possible to definitively answer your question without that context. Having said that, it's difficult to conjure a valid reason to deceive someone into thinking you are someone else-whether... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Just curious. Could metal knuckles be considered a reasonable self defense precaution in Maryland?

Also, is it okay to have metal knuckles in your home? Just as a collectors item?

Eric Todd Kirk
Eric Todd Kirk answered on Mar 25, 2021

Metal knuckles are considered a dangerous weapon. The law provides:

"(c) Prohibited. --

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace,...
Read more »

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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.

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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.

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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.

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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.

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