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2 Answers | Asked in Personal Injury for Maryland on
Q: What if both of you did something wrong in an accident - who is at fault?
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answered on Aug 10, 2018

Both. Unlike most states, Maryland does not employ comparative fault concepts.

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1 Answer | Asked in Criminal Law for Maryland on
Q: If a person is in jail and have a preliminary hearing coming up, can they be released until trial?
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answered on Aug 8, 2018

Sure. The court would set the terms of the release. This would include anything from recognizance to bail or other terms that the court found proper under the circumstances.

2 Answers | Asked in Car Accidents for Maryland on
Q: I was a victim of a hit and run, neither I or the officer got subpoenas for the court date, can I go to small claims?

The person who hit me got away with nothing no fees, tickets, nothing. I do want to go to small claims court. I recently checked the persons file under maryland judiciary search and now she is in stage 1 expungement for the hit and run, can I still go to claims court? To sue for the damage to my... View More

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answered on Aug 3, 2018

Yes. The outcome in the traffic case has no bearing on your civil claim.

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2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maryland on
Q: My boyfriend was pulled over and the passenger had marijuana and money. He got charged is it legal

The passenger told cops it was his but it wasn't found on him nor was it his vehicle. We it was he say she say.

Eric Todd Kirk
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answered on Jul 25, 2018

Sure it's legal. If contraband and cash are found in a car, it's not unusual, and perfectly legal, to charge the occupants. It sound like he has a potentially winable constructive possession case. He should hire an experienced criminal attorney.

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3 Answers | Asked in Car Accidents and Personal Injury for Maryland on
Q: I was in an auto accident with no witnesses, Would a lawyer post signs at the intersection looking for witnesses?

Both drivers were found at fault because there were no witnesses. I was seriously injured; driving straight through an intersection, the other driver was turning left. He was uninjured. I never saw him.

Eric Todd Kirk
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answered on Jul 24, 2018

Your narrative recites there were no witnesses. Posting signs does not seem like an effective way to locate any. Having said that, you should really have an experienced personal injury attorney examine the liability determination you've been given by the police or by a claims adjuster.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can voluntary intoxication be used as a defense in court?

I was drunk to the point were I have no memory of the said events. I was drinking excessively throughout the day. I have witnesses to prove my lack of mental capacity. This is my first isolated major offenses of theft between 500 and 1500 dollars. Second degree assault were I unintentionally pushed... View More

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answered on Jul 22, 2018

You need to consult with an attorney to discuss the if you've been charged with a crime involving specific intent, and the applcability of that offense to that crime.

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2 Answers | Asked in Car Accidents for Maryland on
Q: The other driver's insurance company seems like it's taking forever to investigate my accident. Do they have a time

limit they have to abide by?

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answered on Jul 17, 2018

There is no hard and fast rule. Generally, 30 days is considered adequate time to investigate a claim. An unreasonable delay, especially where the answers are clear, may entice the MIA to get involved and examine the insurer's conduct.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can you refuse a drug test if your probation officer tries to make you take one?
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answered on Jul 14, 2018

Is random drug screening a condition of your probation? No. You can't refuse. Technically, you can refuse to take it, but the agent would likely just violate you, and you would face the entire original suspended sentence.

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: What happens if my workers' compensation claim is denied? Is there an appeals process?
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answered on Jul 5, 2018

Yes. You can appeal an adverse ruling at the WCC to the Circuit Court for review.

2 Answers | Asked in Car Accidents for Maryland on
Q: I am unhappy with the insurance settlement I got from a car accident. Is there a way to appeal for more money?
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answered on Jun 18, 2018

if you signed a release and accepted money. The case is over. This is considered binding. If an insurance company has offered you money, and you have not yet accepted, the offer may be negotiable, and you have the option to go to court and ask a judge or jury to determine a fair amount. You should... View More

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2 Answers | Asked in Car Accidents for Maryland on
Q: If I take statements from witnesses of my car accident, will those hold up in court?
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answered on Jun 5, 2018

The statements of witnesses would be considered hearsay and inadmissible at trial as substantive evidence of what happened. Those witnesses would need to appear in court and give live in-person testimony as to the happening of the accident, so that they are subject to cross-examination. If,... View More

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1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: My family member signed a statement claiming she was going to be living in a house that she would never live in

She signed the statement in front of a lawyer and a notary a day before she went to settlement on the house. Is this family member in trouble if she is turned into the authorities? Is this considered perjury?

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answered on Jun 3, 2018

I would have to believe that there are penalties for signing a statement under oath indicating that you plan to use a home as your principal place of residence, and then never doing so, or having any intention of doing so. I would defer to experienced Real Estate counsel, who would likely be most... View More

4 Answers | Asked in Personal Injury for Maryland on
Q: I was hit while riding my bicycle and I hardly remember it. How can I sue the driver if my memory is so blurry?
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answered on Jun 1, 2018

You need to look for witnesses, and potentially sources of surveillance that could have captured the event. If Police were summoned that would be a good place to start, as well as any ambulance records, and a general canvas of the area, searching for private or public methods of surveillance. Many... View More

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1 Answer | Asked in Workers' Compensation for Maryland on
Q: When do medical benefits become available to an employee who sustains an on-the-job injury?
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answered on May 24, 2018

Immediately. Make sure that you report your accident and corresponding injury to employer. Make sure that you complete any required documents. Request treatment for your injury. If treatment is not provided or delayed by your employer, immediately seek medical treatment on your own and keep your... View More

6 Answers | Asked in Car Accidents for Maryland on
Q: Someone rear-ended me, and I just found out that they weren't adequately covered in terms of insurance. Does that mean I

can't recover medical expenses incurred? What are my options?

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answered on May 20, 2018

In this instance you would look to your own underinsured coverage for a full recovery. Maryland law requires a minimum of $30,000 in liability coverage. If you opted to purchase uninsured/underinsured insurance above that level, you would have the availability of underinsured coverage on your own... View More

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2 Answers | Asked in Personal Injury for Maryland on
Q: I had an injury 2 years ago now i am getting pain again can i start back my claim
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answered on May 12, 2018

Not if you settled, it executed a release, or had the claim otherwise resolved by a court of law. The Maryland the statute of limitations for a claim based on negligence is 3 years, so it appears you are within that time frame. It may be difficult or impossible to prove the symptoms occurring 2... View More

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3 Answers | Asked in Personal Injury, Car Accidents and Civil Litigation for Maryland on
Q: How long do I have to file a claim for an injury sustained in a car accident?
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answered on May 11, 2018

That answer has a lot of variables and the answer depends in part on what you mean by filing a claim. In Maryland, lawsuits based on negligence must be filed within three years from the date of loss. If the claim is against the government, then there are frequently notice requirements that must be... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can a defendant in a criminal case who is represented by private counsel, help present his defense by cross-examining

certain witnesses and or state the opening or closing arguments himself ? Is there a law or a practice and procedure rule that prevents this type of hybrid representation ?

Eric Todd Kirk
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answered on May 3, 2018

No. You can't. You are in proper person, or you are represented, not both. You certainly can get your questions asked, through your chosen attorney. You can get your arguments raised, through your chosen attorney. Or, you can choose to represent yourself. Good luck.

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2 Answers | Asked in Criminal Law for Maryland on
Q: How can i find out what my son has a fugitive warrant for in Virginia

he is being held in ann Arundel county

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answered on May 2, 2018

You'd likely need to find the appropriate issuing jurisdiction in VA, and contact the judiciary/ court system there to uncover out what can be found out about the nature of the underlying charges.

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3 Answers | Asked in Car Accidents for Maryland on
Q: I was recently in a car accident that I'm pretty sure was the other driver's fault. I keep seeing advice not to talk to

anyone before a lawyer but I spoke to the police to answer questions at the scene of the accident. Was that a mistake?

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answered on May 2, 2018

Absolutely not. You are obligated to provide certain information by law to the police as well as other participants in the incident, if applicable. You are also obligated to cooperate with your own insurance company regarding the specifics of the accident. My suggestion would be that you don't... View More

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