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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
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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... View More

Eric Todd Kirk
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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
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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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2 Answers | Asked in Animal / Dog Law, Criminal Law and Federal Crimes for Maryland on
Q: If i live with someone who owns dogs separately, & arent related can i be charged with neglect if they arent mine?

If i live with someone but have no affiliation with them other than being a general tenant in the home of which i pay rent, and the co owner also lives there too, am i responsible for their animals also, in a legal aspect?

What about the other partial co-owner of the home, would they be... View More

Eric Todd Kirk
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answered on May 13, 2020

This really is not a criminal question so much as a civil liability inquiry. The owner of an animal is liable for acts of negligence, and potentially strictly liable as well. Others having care or custody of an animal could potentially be liable, depending on the circumstances, and relationship. It... View More

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1 Answer | Asked in Car Accidents for Maryland on
Q: does Maryland have to pay replacement cost if a vehicle is a total loss?
Eric Todd Kirk
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answered on May 7, 2020

You should check your policy language, but the standard measure of damage would be the fair market value of the property, not the cost to replace the property with a new model.

2 Answers | Asked in Criminal Law for Maryland on
Q: What should I do if I believe that my husbands sixth amendment has been violated ?

My husband was recently incarcerated before the pandemic started in Maryland .. however, he filed for a speedy trial & has yet to have any court hearings since being incarcerated

Eric Todd Kirk
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answered on Apr 30, 2020

There is a constitutional speedy trial right, and a statutory one. In circuit court, the trial must occur within 180 of his initial appearance, unless an administrative judge finds good cause. A global pandemic would most certainly constitute good case. But, "speedy trial" rights have no... View More

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Maryland on
Q: I am a medical cannabis patient in maryland. I am wondering where i can smoke cannabis legally. Is my backyard ok?

My backyard can be viewed by neighbors and from the street

I have a chainlink fence around my yard

Eric Todd Kirk
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answered on Apr 29, 2020

I think as a general proposition you're entitled to conduct lawful activity any place where lawful activity is allowed. For example the government may impose a time, place or manner restriction on otherwise lawful activity. It's not clear from your question if perhaps you were conflating... View More

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1 Answer | Asked in Car Accidents for Maryland on
Q: My car was rear-ended, Erie Insurance won't pay for repairs. Truck driver and employer agree they at fault. What to do?

Hello, My car was rear ended by a trash hauling truck insured by Erie insurance. The Driver of the truck and their employer agreed they were at fault but Erie Insurance refused to pay damages, claiming they did not have sufficient evidence to pay, and suggested I call my insurance company. I have... View More

Eric Todd Kirk
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answered on Apr 24, 2020

Sounds like you will need to sue the driver and employer. If anyone was hurt, you should consult with an experienced personal injury attorney. Best of luck.

1 Answer | Asked in Criminal Law for Maryland on
Q: What does Discovery Pursuant to Rule 4-263 and how far are we in court ?
Eric Todd Kirk
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answered on Apr 24, 2020

You have cited the rule that governs discovery and inspection in a circuit court criminal matter for both the state and the defendant. All Maryland courts are closed through June 5th, with the exception of emergency matters.

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: I have been charged with violating a protective order because my car was seen on camera at a residence. What can i do?

Already answered

Eric Todd Kirk
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answered on Apr 21, 2020

This is the type of offense that is treated very seriously. In the age of covid-19 and coronavirus, this is one of the few types of cases the court is entertaining. You should immediately consult with an experienced criminal defense attorney and discuss your defenses. I would suggest you no longer... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I need help ASAP with this. It may concern the safety of my family and myself please help me if possible.

A dealer sent me my address and said “you f***ed up”I need to know what kind of trouble I can get into for requesting help from authorities. I have proof of them distributing And Snapchat holds the database of our conversation where the threat is. I also need to know what I can do to protect... View More

Eric Todd Kirk
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answered on Apr 16, 2020

If you feel that a threat has been made against you, contact the authorities immediately. If you are working with the State in some fashion, you should advise them of the threat. You may also wish to seek a protective order.

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3 Answers | Asked in Banking, Criminal Law and Federal Crimes for Maryland on
Q: can I get charged for committing fraud I didn’t know was happening? Can I put this back on the bank? And my boss?

I got a new job, it’s been done through email so far, seems silly I know but I’m 18 and naive as heck apparently anyways, I get sent a check, I tell the bank lady what I thought it was for, the deposit it, my boss tells to go to Walmart and get money orders and send them else where. Later the... View More

Eric Todd Kirk
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answered on Apr 9, 2020

This is actually a pretty common and well-known scam. If you're charged you should immediately hire an experienced criminal defense attorney. Don't make any additional posts about the situation online.

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2 Answers | Asked in Criminal Law for Maryland on
Q: How can I find out if I have a felony on my record?

I have searched public records, but do not see the case in where I might find the answer.

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answered on Apr 6, 2020

Maryland Case Search contains Maryland's criminal case history on a search by name basis. Some, but not all states have similar services, some on a county by county basis rather that statewide. The federal case access, "Public Access to Court Electronic Records (PACER)... View More

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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
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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
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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.... View 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... View More

Eric Todd Kirk
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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... View More

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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
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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
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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
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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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