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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: What does CJIS Code: 1-1093 Statute Code: CR 11 303 mean?

This is pertaining to the state of Maryland

Scott Scherr
Scott Scherr
answered on Jul 26, 2024

This law makes it a crime to hire a prostitute or engage in prostitution.

0 Answers | Asked in Criminal Law and Civil Rights for Maryland on
Q: If an inmate is requesting the first name and ID # of a CO to file a complaint, do the agency have to provide it?

Legally do we have to provide this information?

0 Answers | Asked in Criminal Law for Maryland on
Q: I am writing to seek guidance/advice on whether there are any legal remedies or actions that can be take

I sent a cashier's check via USPS to my educational institution to cover my tuition expenses. Unfortunately, the check was intercepted by an unknown party and subsequently cashed. Upon discovering this, I reported the incident to USPS, which initiated an investigation. The investigation led to... View More

0 Answers | Asked in Criminal Law, Civil Litigation, Domestic Violence and Libel & Slander for Maryland on
Q: If someone filed a peace order with false statements/allegations, what should the other party do to respond?

I got served with a peace order in the evening hours of Friday July 12th. On the peace order there was already a hearing for this morning Monday July 15th at 9am at the Silver Spring, MD court house. I live in Gaithersburg and since I had got served late Friday I did not have time to talk or reach... View More

1 Answer | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: I have traffic court on Tuesday for driving on a suspended license, driving without insurance while in Maryland. Is it

My license was in GA and I have since got the suspension lifted and have started converting my license to MD. That said, I do not have the funds to fix my insurance prior to my court date and really think I need to request a continuance to get the funds to fix this as well as perhaps hire a lawyer.

Scott Scherr
Scott Scherr
answered on Jul 16, 2024

You are wise to seek a continuance and hire an attorney. You can ask for a postponement in open court if your case is today. If it is next Tuesday, you can file a motion for postponement electronically through MDEC.

0 Answers | Asked in Criminal Law, Civil Litigation and Land Use & Zoning for Maryland on
Q: I live in a residential neighborhood and my neighbor is building a gun range in his back yard that is very close to mine

He is telling the neighborhood it is legal but I can’t find proof online that it is.

0 Answers | Asked in Criminal Law and Employment Law for Maryland on
Q: Misdemeanor deferred convictions just before renewing CAC ID

I work as a contractor at DoCommerce in a low-risk position and need to renew my CAC ID in early 2025. The case against me ended with two misdemeanors: fourth-degree sexual contact and assault. Despite being a consensual encounter, the woman lied to the police, leading to a deferred conviction (no... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Will the prosecutor dismiss a case if police report doesn’t match the written report when going to court

Also if you have a clean record never been in any trouble at all will that help your case

Scott Scherr
Scott Scherr
answered on Jun 13, 2024

It really depends on the nature of the discrepancy and whether it is material to the case. Do not assume that the case will be dropped.

The lack of a prior record will help you at sentencing. The judge may give you probation before judgment and/or decide not to send you to jail depending on...
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2 Answers | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Is it possible for my fiance to get pretrial release with a held without bond?

My fiance is being held without bond on a indictment for first degree burglary

James L. Arrasmith
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answered on Jun 22, 2024

To answer this question concisely:

Yes, it is possible for your fiancé to get pretrial release even if they are currently being held without bond. However, it's not guaranteed and depends on several factors.

Key points:

1. A "hold without bond" status can be...
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1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Gov & Administrative Law for Maryland on
Q: under transportation article 26- 302

under M.D., transportation article 26- 302 if my tags are not on my car but park in front of my house can the officer toe my vehicle?

James L. Arrasmith
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answered on Jun 3, 2024

Under Maryland's transportation article 26-302, if your car is parked in front of your house without tags, an officer can tow it. The law allows for towing of vehicles that are not properly registered or do not display valid license plates, even if they are parked on a public street.... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: can they try a 17 year old as an adult because of a 1st degree assault charge?
Mark Oakley
Mark Oakley
answered on May 6, 2024

Yes. Hire a lawyer to file a motion for a reverse waiver to juvenile court.

1 Answer | Asked in Criminal Law for Maryland on
Q: Someone accessed my bank account and transferred money, do I have a case?

My phone was stolen and accessed, the individual was some how to gain access to my bank account and to a member to member transfer for 7K. They also did Venmo and cashapp; which the disputes were found to be in my favor. I made a dispute from the bank, they recovered a slight portion from the... View More

Michael Eric Kraut
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answered on May 2, 2024

I am sorry that this has happened to you. First, you should make a police reprot for theft and also report the action to the bank. The bank has insurance to cover these type of incidents.

2 Answers | Asked in Criminal Law for Maryland on
Q: can I go to jail or get any charges for taking a package that is mine but not released to me?

I had a package delivered to Walgreens. When I arrived at Walgreens they asked me for my id to pick up my package in which I gave them my id. The delivery address on the package didn’t match my license therefore they told me they couldn’t give me the package. But it is mine. I took my id back... View More

James L. Arrasmith
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answered on Apr 13, 2024

Taking a package from a store counter without the store's consent, even if the package is addressed to you, could potentially lead to legal consequences. This action might be considered theft or larceny, as the store was responsible for holding the package until it could be properly released... View More

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3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

Scott Scherr
Scott Scherr
answered on Apr 7, 2024

You need to speak with your immigration attorney. Do not get your record expunged until your immigration lawyer tells you what documentation you need and that it is okay to do so. The problem with expungement if you are not a citizen is that the records are difficult and sometimes impossible to get... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2024

Subject to further inquiry, you may be eligible to invoke your one-time spousal privilege, pursuant to which you cannot be compelled to testify against your husband. You need to consult with legal counsel to confirm that exceptions to the rule would not prevent you from invoking that privilege.... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Is it illegal to open my former mailbox, that now belongs to someone else? Even if I don't take or place anything inside

Physical mailbox

Scott Scherr
Scott Scherr
answered on Apr 10, 2024

Yes, this is illegal. Many mailboxes are owned by the United States Postal Service. You no longer have a right to access the mailbox.

1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for Maryland on
Q: Can a convicted felon own a BB gun or air soft gun? I know a convicted felon can own

A black powder gun and bow and arrow so can a convicted felon own a BB gun in Maryland can someone please help

James L. Arrasmith
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answered on Apr 3, 2024

In Maryland, the legality of a convicted felon owning a BB gun or airsoft gun is not entirely clear, as these types of guns are not specifically addressed in Maryland's firearms laws. However, it's generally advisable for convicted felons to avoid possessing any type of gun, even if it is... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with 4th degree burglary. I got PBJ and it’s been 3 years since that ended. Can I have it expunged?

I didn’t burglarize anything. Some ppl drugged me and I thought my uncle was still staying in this same room so I beat on the door because I thought ppl were chasing me so I jumped in the window, realized he wasn’t staying there anymore, then I jumped out the back window. I told the cops what... View More

Scott Scherr
Scott Scherr
answered on Mar 28, 2024

You are entitled to expungement three years from the entry of the PBJ so long as your probation has ended. However, a subsequent conviction within the three years or pending criminal charge can disqualify you from expungement. If the State is objecting, they would state the reason for their... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Maryland on
Q: I need to know if I should go to the police to file a report concerning a car/ tags that is missing?

its a bit complicated, the car title and tags are in my name, the person I had an agreement with has disappeared and I can't locate the car. I don't want to be responsible for the expenses if the car is towed to the county lot.

Mark Oakley
Mark Oakley
answered on Mar 15, 2024

Unless the agreement included a date the person was to return the car back to you, and they deliberately failed to do so with the intent to deprive you of the vehicle, then there is no crime to report (theft or unauthorized use of a motor vehicle), so going to the police will not likely help,... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: What can I do if I am getting harassing phone calls from someone?

The person keeps calling from a blocked number. I know who it is, but I don't answer to not engage with the person.

Scott Scherr
Scott Scherr
answered on Mar 1, 2024

You can report the matter to the police. I do not know if they will do anything, but at least there will be a report of the incident.

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