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Questions Answered by Eric Todd Kirk
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.

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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.

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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 »

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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.

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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 »

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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 »

1 Answer | Asked in Criminal Law for Maryland on
Q: Hi can anyone explain what pretrial division Correspondence means in terms of a habeas corpus?
Eric Todd Kirk
Eric Todd Kirk answered on Sep 22, 2020

It's impossible to know the content of the communication or guess at its effect, but, Pretrial Release filed something with the court. If you are the defendant, presumably you got a copy. If not, you may need to check the court's file at the courthouse.

2 Answers | Asked in Criminal Law for Maryland on
Q: Would having someone else write an statement and you agree to what’s written...be perjury!

If my sons father has his wife complete the protective order for him statement and all and he signs it would I be able to get the order dismissed to perjury him saying he completed the form when it’s two different hand writings?

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

Asking someone to complete a writing for you is not impermissible conduct. The contents of the writing do matter. If he swore under oath that the contents of the writing are true and accurate, and that turns out not to be the case, there could be repercussions.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Is “Dangerous weapon-Intent/Injure a felony or misdemeanor charge?

CR.4.101.(c)(2) Is the statute

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

(d) Penalties. --

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears...
Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: Hi is there anyone that can explain what it means on case search when the comments on a habeas corpus says district

Court cd received?

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

The State of Maryland provides a free, and easily accessible database containing important information about civil and criminal cases, as well as data about liens. Most who use it regularly call it “case search”. Old school users may call it JIS. The official name is the Maryland Judiciary Case... Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: I had a charge that I had plead guilty to which was about bank fraud received 5-6 mths house arrest over 7 years ago

Now I have a business need to carry because I handle money and bank drops alone I'm a lady leave alone my crime isn't violent why does this prevent me from getting my HQL

Eric Todd Kirk
Eric Todd Kirk answered on Sep 13, 2020

You'll need to check the requirements of the licensing authority. They may or may not be concerned as to whether or not an applicant has been convicted of a crime of violence. They may be more concerned with convictions relating to honesty and propensity to tell the truth. If this is a crime... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Its my first time in trouble and I got a change for destruction of property and its value is 1,000 and a mistamener
Eric Todd Kirk
Eric Todd Kirk answered on Sep 10, 2020

It's not clear what question the writer is asking. That does appear to be a valid charge under Maryland criminal law. The fact that you are a first offender could potentially help the outcome. There may be defenses. There might be alternatives other than conviction that could be explored with... Read more »

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1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: Can I file harassment charges against insurance adjuster for harassment (telephone and electronic)?

My roof was damaged during a storm. I called the adjuster (Travelers Insur.) and the adjuster stated I needed to go onto the roof. I stated I wouldn't do that. The adjuster then called me and stated he would come past the home and take pictures. The same adjuster called and stated he... Read more »

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

It's likely because there is not a lot of assistance available for the situation you described. An insurance company has a quasi-fiduciary and contractual obligation to adjust, investigate and ultimately resolve your claim. They do not stand in the position of a creditor.

2 Answers | Asked in Workers' Compensation for Maryland on
Q: I’ve received workman’s over a year in MD but now haven’t had a weekly payment in over 3 weeks. Is that legal?
Eric Todd Kirk
Eric Todd Kirk answered on Sep 5, 2020

Your receipt of workers' compensation lost wage benefits is generally dependent on your physicians or another physicians opinion on your ability to return to work. If your doctor has changed his or her mind or the employer carrier has obtained an IME with a different opinion on your ability to... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: My mate is incarcerated they wrote him a ticket saying he was possessing a phone. They never caught him with a phone

They are saying they have data of his voice and is saying that it’s a phone number that’s on his phone list and another person phone list

Eric Todd Kirk
Eric Todd Kirk answered on Sep 3, 2020

It's difficult to understand the nature of the charges your friend faces. Of course it's not illegal to possess a phone. It sounds like there might be some criminal conduct associated with the use of the phone, but the question is unclear. If you have the statement of charges or statement... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Where can I best find info on Maryland state sentencing and parole procedures?

I would like to find info that can help a family member that was given a life sentence with all suspended but 50 years.

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

You will find the most direct source of information regarding sentencing guidelines here:

http://www.msccsp.org/Guidelines/

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