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Questions Answered by Eric Todd Kirk
1 Answer | Asked in Criminal Law, Tax Law, Traffic Tickets and Civil Litigation for Maryland on
Q: Can I be sued for emailing a company factual statements about about their future employee?

I emailed the company about this person’s character

Eric Todd Kirk
Eric Todd Kirk answered on Mar 30, 2020

The essence of defamation is spreading untrue things about individuals that harm them. Truth is always a defense in any defamation action.

2 Answers | Asked in Car Accidents, Personal Injury and Wrongful Death for Maryland on
Q: A police crash report was filed with MVA, by Baltimore County Police, which office should we send our dispute to?

Which MVA office would the county crash investigator send report to? Is what I meant.

Eric Todd Kirk
Eric Todd Kirk answered on Mar 23, 2020

I am sorry to hear that you've been involved in an accident. You would need to obtain any crash report or accident scene investigation report from the jurisdiction that compiled it. The MVA would not not generally be a source of such reports. It's unclear who your dispute would be with. If you had... Read more »

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2 Answers | Asked in Car Accidents for Maryland on
Q: Hi, I was involved in an accident while driving uber. I had a passenger with me. But i wasnt at fault.

So I talked to other driver’s insurance and they accepted the liability. But i didnt mention them that I was driving uber because i had no information of the passenger. But Now that passenger contacted the uber’s insurance. So i just want to know if i tell other insurance that it was a rider... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Mar 23, 2020

You should immediately contact all involved insurance companies and advise them of the correct status of your passenger.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Is there a statute of limitations on felony theft in Baltimore, Maryland?

In 2019, I discovered that from March of 2005 thru October of 2010 my ex-spouse, who was a legal assistant for a law firm at the time, used their position and the child support enforcement agency to maliciously prosecute and commit felony theft in excess of $9,000. And I am looking to have everyone... Read more »

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

You should report your concerns to the State's Attorney for your jurisdiction.

2 Answers | Asked in Criminal Law for Maryland on
Q: I was pulled over with a Ounce of marijuana And a Xanax 1mg not in a bottle. Now being charged a year later. Can i win?
Eric Todd Kirk
Eric Todd Kirk answered on Mar 16, 2020

You may have one or more defenses. It's impossible to say without a detailed review of the facts. You should consult with a lawyer in a confidential setting.

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2 Answers | Asked in Criminal Law for Maryland on
Q: wht does it mean when the amount of drugs in the police report are different than the amount received by the chemist
Eric Todd Kirk
Eric Todd Kirk answered on Mar 13, 2020

It could mean any number of things: they only sent some of what was seized; something was lost, or they have a chain of custody/evidence control issue. You should consult confidentially with an attorney to explore defenses and ramifications.

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2 Answers | Asked in Criminal Law for Maryland on
Q: are police required to send a drugs from a traffic stop to the lab to be tested
Eric Todd Kirk
Eric Todd Kirk answered on Mar 13, 2020

Although they might not be required to by substantive law, the agency may have an internal policy requirement. It's not clear what jurisdiction in involved. In any event, if the state intends to convict, they would need scientific proof the substance was indeed contraband.

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2 Answers | Asked in Car Accidents for Maryland on
Q: my father drove my truck was in a accident. I have full coverage he isn't on my policy but has insurance. Am I at fault?

Not sure which driver was at fault. What can I expect from my insurance company or any insurance company. Can I be sued? I'm not sure if I need to notify my insurance company. Both drivers were flown to Shock Trauma. My father needs multiple surgeries for severe broken ankle and leg and other... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Mar 10, 2020

Call your insurance company and cooperate fully. Best wishes for your father.

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1 Answer | Asked in Criminal Law and Cannabis & Marijuana Law for Maryland on
Q: Inmy statement of probable cause it says pant instead of plants is that a clerical error that can be grounds for dismiss

If so what language should i use or say to have that piece of evidence thrown out

Eric Todd Kirk
Eric Todd Kirk answered on Mar 9, 2020

Without seeing the statement itself it's impossible to say for sure but this certainly appears to be a simple typographical error. That would not be grounds for dismissal.

1 Answer | Asked in Criminal Law for Maryland on
Q: I just wanted to know for my case will it be a fine for disorderly conduct and failure to follow a lawful order

The cop just ask me to be quiet and I kept talking and was intoxicated

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

Offenders without a record would typically not go to jail with these types of charges. But there are no guarantees and certainly a sanction harsher than a mere fine as possible. An experienced criminal defense attorney may be able to assist you in keeping this incident off of your record and... Read more »

1 Answer | Asked in Consumer Law and Criminal Law for Maryland on
Q: I bought a vehicle from someone who rolled back an odometer. Can I sue them for the full price + repairs for vehicle?

I bought a vehicle from someone in Laurel Maryland (private party) and i have proof from Pennsylvania State Police that the individual rolled back the odometer almost 70,000 miles. After fussing with them back and fourth, they said they will take the car back for ONLY the price I paid them for it,... Read more »

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

That may or may not constitute a crime. You certainly could report it to the applicable state's attorney's office. Your best bet is likely to consult with the Attorney General or an attorney in private civil practice.

2 Answers | Asked in Car Accidents for Maryland on
Q: What is the specific code or law applying to driving with the condition of sleep apnea?
Eric Todd Kirk
Eric Todd Kirk answered on Feb 15, 2020

It's difficult to fully answer this question without some additional context. Obviously driving while experiencing an episode of sleep apnea would not seem possible. Falling asleep at the wheel is not necessarily criminal or negligent, but could be. For example if someone suffered from sleep apnea... Read more »

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1 Answer | Asked in Appeals / Appellate Law, Personal Injury and Workers' Compensation for Maryland on
Q: If workers comp doc clears me and my doc says I need light duty for 2 more weeks, can I appeal?

I hurt my back, and it is all muscular spasms and pain. The workers comp doc didn't even give a decent assessment and kept telling me to be quiet as I was trying to answer his questions. I have been working light duty, not missing work, just not able to work in my dept. I feel I was treated very... Read more »

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

You will need to hire an experienced workers' compensation attorney to pursue a claim for temporary total/temporary partial wage loss benefits for you. This is a complex claim and a decision by a judge of compensation claims is necessary to resolve the conflict between doctors.

2 Answers | Asked in Personal Injury for Maryland on
Q: Can my state settlement be intercepted

I have signed a release of all claims against state of Maryland for a vechicular accident

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

It's not clear what you mean by "intercept". I've seen this lingo used by child support enforcement agencies. If someone owes back support, those agencies have the authority to get tax refund money prior to it being given to the child support obligor. If you owe back taxes to the state, you may... Read more »

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2 Answers | Asked in DUI / DWI and Car Accidents for Maryland on
Q: My husband is being sued for 75k for an accident that he caused. Could I be sued? My name wasn't on the title of his car

My name wasn't on the title of his car. It was a DUI.

Eric Todd Kirk
Eric Todd Kirk answered on Jan 10, 2020

If you were not the owner or driver of the car, it is difficult or impossible to understand the legal theory that one would use to hold you accountable. If you were present in the car, had an obligation to prevent him from driving, and did not, or encouraged him in some fashion, there may be some... Read more »

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: How can I get the hand written note from the ime doctor in MD?

I requested a copy of my medical records including hand written notes from the Ime doctor Pushkin in Md. I was advised that state retirement system instruct the office not to give any applicant their medical records including the doctor hand written note. I was advised that I need to get a... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 1, 2019

You can ask the worker's compensation commission to issue a subpoena for your complete file if they will not produce it voluntarily. If they are contending there is some type of work-product privilege, you'll need to hire counsel to address this.

2 Answers | Asked in Personal Injury and Juvenile Law for Maryland on
Q: My broker is requiring court documents showing I am the Guardian of my daughter's settlement money under title 13

I opened a Guardianship brokerage account in 2014 to hold around $6,000 from a settlement for my daughter. I am now trying to take that money out of the market and put it into a Guardianship bank account. But my broker is not allowing me to take the money out - they are requiring that I provide a... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 27, 2019

You need to get the court's permission to withdraw money from a Title 13 trust account. You need to apply to the circuit court of the county where you, and show cause and standing, for the withdrawal.

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2 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: Who do I need to speak to about a terrible accident involving myself and a natural resource officer?

Officer was chasing someone who ran a red light. Did not have sirens on and I proceeded to cross an intersection as our light had been green for a few seconds, and was T-boned on my side, the drivers side. High speed was a factor in this accident. My sweet dog was killed in the backseat. My mom was... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Sep 17, 2018

Very sorry to hear that this has happened to you and your family. If you were injured in the accident you should indeed immediately consult with a Maryland personal injury attorney.

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Q: I got into a car accident with someone who lives in Virginia. They want the court proceedings to take place there but

the accident was in Maryland and that would be inconvenient for me. Do I have to?

Eric Todd Kirk
Eric Todd Kirk answered on Sep 15, 2018

Jurisdiction can be a tricky area of the law. From the situation you described it certainly seems as though Maryland would have jurisdiction over the case. A basis for jurisdiction in Virginia is not clear from your facts, but may exist. If you are bringing the claim, you you should probably... Read more »

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: Does workers' comp cover me if I'm not going to be able to work at all again?
Eric Todd Kirk
Eric Todd Kirk answered on Sep 14, 2018

If your doctors say you cannot work because of your injuries, then yes you may be entitled to permanent and total disability benefits. These are difficult cases to prove and you should consult with a lawyer.

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