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Questions Answered by Eric Todd Kirk
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...
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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/

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Ex husband was arrested a year ago for a domestic Violence charge. Charges were dropped and dismissed. Now he wants to

Regain his job as a police officer and wants me to recant my statement. If I do recant my statement what can happen?

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

Potential criminal charges in this situation would involve giving a false statement to a police officer, obstruction of justice and perhaps perjury depending on the context.

2 Answers | Asked in Criminal Law for Maryland on
Q: Is it possible get a theft misdemeanor case dismiss and sealed for a first time offender?

Two citations were given for a scheduled court date. The basis of the charge is shoplifting.

A court date has not been set yet.

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

Theft is an offense it can have potential lifelong economic and societal consequences. Although Maryland doesn't recognize a sealing process per se, it might be possible to get the records relating to the incident expunged, depending on the disposition, e.g. a dismissal or a stet.

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1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no court date listed after completing a rehab treatment do I have to go back to court ?
Eric Todd Kirk
Eric Todd Kirk answered on Aug 14, 2020

I'm not sure what you mean by "listed". I would say as a general proposition if there is no court date reflected on Maryland's judiciary case search, there is no currently scheduled court date. You should be aware that many cases were rescheduled during the Coronavirus Covid19... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: How likely will a PO check their parolees phone records ?
Eric Todd Kirk
Eric Todd Kirk answered on Aug 11, 2020

It's not possible to tell how likely or unlikely that would be. Parolees have a lessened expectation of privacy in their persons and effects. They may or may not have to get a warrant. Indeed you may have already consented to a review of your phone records as a condition of your release. If a... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Can Cr.9.408.(b) guilty be expunged?

04/10/2005 was the offense date

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

It's not specifically referenced. You would likely have to file for a hearing with a judge show good cause.

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1 Answer | Asked in Criminal Law for Maryland on
Q: My felony conviction 16 years ago does not show up on the Maryland case search website. Is it gone?

Distribution of marijuana

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

If you had it expunged it could be 'gone.' If it was vacated, it could be gone as well, but presumably you would have received notice. It might be referenced under a different or misspelled name. Moreover, the fact that it might not appear on case search does not negate the conviction.

2 Answers | Asked in Criminal Law for Maryland on
Q: I was convicted of 1st degree escape in 2012 when I left a drug rehab, after a modification in MD. Is this expungeable?

Good Evening,

I was sentenced by a judge to rehab after receiving a sentence modification. I was later convicted of 1st degree escape after not returning to the facility on time (by curfew). I was returned to the jail and charged with 1st degree escape, for which I received an additional 6... Read more »

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

A conviction for 9-404 [1st degree Escape] is not listed in Md. CRIMINAL PROCEDURE Code Ann. § 10-110 as a conviction eligible for expungement. Your only resort would seem to be filing for relief under the provisions allowing a court to grant a petition for expungement at any time on a showing of... Read more »

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1 Answer | Asked in Employment Law, Workers' Compensation and Appeals / Appellate Law for Maryland on
Q: What does the duration of disqualification for 8-1002 mean exactly? Does that mean I have to pay back unemployment?

Received a letter from MD unemployment that my benefits were being disqualified, but didn’t understand the “denied until reemployed and earn 25x weekly benefit amount”. Do appeals for 8-1002 have any chance?

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

If the state believes that you received unemployment benefits previously that you should not have received, they will separately contact you about repayment. You're ineligible to receive benefits for the stated period. It's not possible to comment on the likelihood of success on the... Read more »

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