Silver Spring, MD asked in Criminal Law for Maryland

Q: How can you prove this charge if statute Cj 3 8a-30

Related Topics:
2 Lawyer Answers
Mark Oakley
Mark Oakley
Answered
  • Criminal Law Lawyer
  • Rockville, MD
  • Licensed in Maryland

A: Witness: "I saw the defendant hand a twelve year old boy a beer, and they both drank beer together."

Prosecutor: "Can you identify the Defendant in the courtroom?"

Witness: "That's him right there, in the blue shirt, seated at the defense table.

Prosecutor: "The State rests."

Judge, after close of evidence: "Mr. Defendant, I do not find your testimony credible that the boy did not drink from the beer bottle you handed him. I believe the witness who saw you hand it to him and then saw him drink from it. I also believe the police officer who took the beer from the child and confirmed there was beer inside of it. I also believe the state toxicologist that the beverage inside the beer bottle contained 7% alcohol after testing it in the state lab. Therefore, I find you to be guilty of contributing to the delinquency of a minor, under CJ 3-8A-30."

That's pretty much how it happens. There are countless possible scenarios. If you have a specific set of facts, then you might get an analysis regarding your particular case, but I strongly recommend that you do not post those details on this public forum, but have a confidential consultation with a lawyer.

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Baltimore, MD
  • Licensed in Maryland

A: Crimes are not mystical, metaphysical happenings, but rather relatively straightforward conduct and acts committed with the requisite intent. If someone directly observes the conduct, or, if the state possess is a sufficient amount of circumstantial evidence, the proof of criminal conduct is actually commonly straightforward, and uncomplicated. If you feel the state simy cannot prove an element of your offense, that could punch a hole in their burden of proof and be a different story. You should consult closely with the experienced criminal defense attorney of your choosing in a confidential forum.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.