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Maryland Constitutional Law Questions & Answers
1 Answer | Asked in Criminal Law and Constitutional Law for Maryland on
Q: Can a company that is open to the public use the reason of a “barring notice” to obtain a persons ID?

The police of been called on a subject in a store for suspicious activity. Can the store require an ID to complete a banning notice. Does that subject have to show ID or can he just leave?

Mark Oakley
Mark Oakley
answered on Jan 12, 2019

Just leave. Only the police can request proof of identity, and then only after they have probable cause to arrest. In DC, there is a limited requirement to provide ID for certain pedestrian (street) offenses without arrest, but that would not apply here.

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.

Mark Oakley
Mark Oakley
answered on Jul 25, 2018

Yes. It’s called constructive possession: if it’s open in an area within reach, and everything in his car is in reach, it creates a rebuttable inference it was his. He has a defense, however, and cases like this can be won. Just because there’s probable cause to charge does not mean there’s... View More

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1 Answer | Asked in Civil Rights and Constitutional Law for Maryland on
Q: If I have a housemate and the police produce a search warrant for them, are my possesions included in the warrant?

For example; can they search my room or if I have a locked safe?

Mark Oakley
Mark Oakley
answered on May 18, 2018

The search warrant generally applies to an entire premises, unless it is limited by its terms. If not limited, they may very well search and seize your items. If that were to happen, you would need to retain counsel to either invalidate the seizure as to your possessions, or move to suppress any... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: I was found guilty of CDS poss in 2016 but sentenced after penilty changes

I was found guilty in 2016 of CDs possession and the maximum penalty then was for years however I was sentenced last week and the sentencing guidelines were changed to 6 months in October of 2017 so my question is is there any case law or statute that says weather sentencing goes by date of guilt... View More

Mark Oakley
Mark Oakley
answered on Apr 2, 2018

You are subject to the maximum sentence provided by the law as it was in effect on the date of the offense. The sentencing guidelines are not binding, and a judge is free to consider any mitigating or aggravating circumstances in arriving at the sentence.

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Constitutional Law for Maryland on
Q: In Maryland, Can you defend yourself by using any object against another individual?

Can u use an object to defend yourself against teens & other adults like your parents if your life is at risk?

Peter N. Munsing
Peter N. Munsing
answered on Jan 3, 2018

You need to consult a criminal defense attorney if you have done this, and discuss no facts on any social media.

Any person may use REASONABLE force to defend themselves but what is reasonable depends on the circumstances.

1 Answer | Asked in Criminal Law, Divorce, Family Law and Constitutional Law for Maryland on
Q: Can an attorney represent her lover in court ? In maryland?

I think my ex husband girlfriend will be representing him in our divorce and custody case, she's a lawyer and she's been posing as his lawyer in all of his resent defense cases. Who do I report her to? Is that a conflict of interest?

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Aug 4, 2017

From what you have described it absolutely seems like a conflict. You can file a motion petitioning the court to order her withdrawal from the case. You can also contact the lawyer directly and insist she withdraw due to the conflict, if you are representing yourself or obtain a lawyer who would... View More

Q: Does a police officer need probable cause to stop your vehicle. a) is yes, does the police have to state in their

report/cititation the reason they stop your vehicle. b) if not is that grounds for dismissal at a motions hearing regardless of any citations issued. c) what would be a good up to date case to cite e.g., Maryland V. Pringle, 540 U.S. 366, 371 (2003), or is their a more recent case. In my case I was... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 3, 2017

An officer doesn't have to state the reasons he stopped the vehicle in any citation. He observed something wrong and can flag you over. If he's going to arrest or search he needs probable cause. In stop and frisk, it's the frisk that is more probable cause related.The officer can ask... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maryland on
Q: My neighbor has several cameras pointed at my house with one pointed at my bathroom window. Do I have legal action?

I've asked him to move them and he says he can legally do what he wants.

Bennett James Wills
Bennett James Wills
answered on Dec 3, 2016

Probably not. If the cameras are located on his property he can point them at any point he wishes for security.

2 Answers | Asked in Education Law, Constitutional Law and Civil Rights for Maryland on
Q: Can I sue my school on basis of discrimination?
Bennett James Wills
Bennett James Wills
answered on Oct 16, 2016

You could. But as a Plaintiff you'll bear the burden to prove your case. Consult with local counsel.

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1 Answer | Asked in Constitutional Law and Criminal Law for Maryland on
Q: Is it legal to carry a sword in public and just have around you for protection?

I been walking around with a sword while sheathed with me for protection and quiet a few cops passed by me witout a word so is it legal??

Bennett James Wills
Bennett James Wills
answered on Oct 14, 2016

Probably not a good idea. You could be charged with carrying a dangerous weapon. See Md. Code Ann., Criminal Law, 4-101, for example. While "sword" is not specifically used in the definition, the police or prosecutor could probably find a way to charge you.

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Maryland on
Q: I have a few questions, basically resolving on one certain incident. But basically is 40 years to long to re open a case

My uncle was stabbed and killed in the back 40 years ago. The man got off on self defense. Is there anyway to appeal or retry the case in court. I understand double jeporday, but I don't believe the full story was told with the recent discoveries I've made.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 28, 2017

Double jeopardy prevents re-prosecuting a criminal case against someone, even if the full story was not told at the original trial. There are other legal doctrines that generally prevent the litigation of very old cases (although statute of limitations may not apply to certain acts like murder).

1 Answer | Asked in Constitutional Law for Maryland on
Q: Do violations of Constitution, ie. false arrest, false imprisonment, unjust search of one's vehicle enjoy no time

...false arrest, unjust, fruitless search of one's vehicle enjoy no time limit to file a civil complaint in US Court? Am I remembering that freedom to seek justice for so grievous violation?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 1, 2015

No. There is a statute of limitations, look it up in your state.

1 Answer | Asked in Constitutional Law for Maryland on
Q: Can a police search your car if he stops you and you don't have a license or your license is revoked?
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 13, 2015

Perhaps, what are the facts?

1 Answer | Asked in Constitutional Law for Maryland on
Q: as united states citizen my right to a fair trial in protected under what human rights act
Robert Jason De Groot
Robert Jason De Groot
answered on Sep 21, 2015

Primarily the US Constitution and all the decisions which deal with this very, very broad subject.

1 Answer | Asked in Constitutional Law for Maryland on
Q: If a parent refuses to consent to a child’s request for an abortion should they be financially responsible for support?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 12, 2015

Do you want a moral opinion or a legal opinion. For the legal opinion, you need to give a lot more facts than you have. For a moral opinion, the answer is yes.

1 Answer | Asked in Constitutional Law for Maryland on
Q: Why was mcculloch v. maryland held
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 10, 2015

Because someone filed a suit.

1 Answer | Asked in Constitutional Law for Maryland on
Q: How can I suggest an idea for a law in Maryland?

A friend of mine was recently out driving with her mother and crashed. My friend had had a total of two hours behind the wheel, and those were only in parking lots. The crash occurred on a regularly traveled road. I want a law that requires that a driver with a learner's permit practice for a... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 17, 2015

Write a letter to your state congressman.

1 Answer | Asked in Constitutional Law for Maryland on
Q: How do you think the case GIDEON V. WAINWRIGHT is important to the due process?
Robert Jason De Groot
Robert Jason De Groot
answered on Oct 19, 2015

This is a homework assignment, right? Or a question on a test. You should answer this yourself by doing the research and actually reading the decision.

1 Answer | Asked in Constitutional Law for Maryland on
Q: From my understanding of Marbury v. Madison, I see no reason why the President of the United States, cannot use this law

Please tell me why the President cannot use the 14th Amendment to exercise discretion in helping "the American people" (the citizens of the United States) to avoid a Default that will lead the middle class and poor people into total devastation, worst credit, more people leaving their... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 19, 2015

I do not understand your question. Marbury deals with judicial review.

1 Answer | Asked in Constitutional Law for Maryland on
Q: Can an atheist serve in a public office, or jury duty, in the state of Maryland?

In Torcaso v. Watkins the U.S. Supreme Court found that Maryland's test for public office violated the first amendment. Have there been any other similar cases in Maryland? I'm just a little confused on the wording of articles 36/37 of the Maryland constitution and was hoping for some... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 20, 2015

Yes. I do not know and you would probably have to pay an attorney in your state to do the research you want done.

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