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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: If one were pulled over in Maryland for driving an unregistered vehicle, would he get a court summons or criminal record
Scott Scherr
Scott Scherr
answered on Oct 31, 2024

No, you will not automatically get a trial date. You have 30 days from the date of the incident to request a trial or waiver hearing or to pay the citation. If you fail to act, your license will be suspended. You should request a trial and not a waiver hearing if you wish to contest the ticket.... View More

0 Answers | Asked in Criminal Law, Domestic Violence and Sexual Harassment for Maryland on
Q: How can a minor protect their alleged rapist in court? We’ve been told spousal protection if the minor was pregnant.

How else can a minor protect them if a statement was given?

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Im on federal probation I violated foe not going to drug program what will happen at court been going 2 yrs out of 3yrs

I'm on 3yrs probation I've been in the program 2yrs no violations

James L. Arrasmith
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answered on Oct 29, 2024

I'm sorry to hear you're facing this situation. Since you've been on probation for three years and have successfully completed two years in the drug program without any violations, this history will be important in court. Your consistent participation shows your commitment to meeting... View More

0 Answers | Asked in Criminal Law for Maryland on
Q: My son’s release date is May 2025 and he is waiting on calculations. What are calculations done for?

My son has already done more than 2 years on a 4 year sentence. I was told you only have to serve one fourth of your sentence in Maryland to qualify for parole. His is a non violent crime.

1 Answer | Asked in Criminal Law for Maryland on
Q: Convicted 2001 cds manf/dist status code 27.286.A.1. Expungable now? Or did they split? Which code is primary?

Convicted of 1 charge of cds manf/dist status code on original charge is 27.286.A.1 per that code my charge should be expungable under new code 5-602. But manf is also on it which is 5-603 non expungable. I sold never made or had equipment. Trying to get clearance for work purposes.

Scott Scherr
Scott Scherr
answered on Oct 16, 2024

A conviction for distrubution can be expunged. A conviction for manufacturing cannot be expunged. It will depend on the exact charge and an attorney would need to review your court records including the charge and disposition.

0 Answers | Asked in Criminal Law for Maryland on
Q: Is there is an exemption if your in active duty military in MD, is this true? what to do if they still refuse to sell?

Regarding tobacco products^ If under the age of 21

1 Answer | Asked in Criminal Law for Maryland on
Q: Is it legal to smuggle legal substances into a rehab that prohibits certain items? Kratom, alcohol, phenibut... ECT?

Substances federally and state legal. *Smuggling in for someone*

Mark Oakley
Mark Oakley
answered on Sep 29, 2024

Rehab facilities are typically private entities and what you can bring in is a matter of contract and following the facility’s rules. That would be strictly a civil matter. State and federal facilities may of statutory and regulatory rules in place, intentional violation of which could perhaps be... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: How do I proceed with a fire-arm in Maryland?

Around 4-5 years ago while I was in college in Florida, I bought an AR-15 Pistol from a friend. When I finished college I moved back to Maryland and brought the pistol with me. I have not registered the pistol in Maryland, and am wondering if I am going to get in trouble while trying to do so. I am... View More

James L. Arrasmith
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answered on Oct 20, 2024

Bringing a firearm into Maryland involves specific legal requirements. Since Maryland has strict gun laws, it's important to ensure that your AR-15 pistol complies with state regulations. Begin by reviewing Maryland’s firearm laws to understand the necessary steps for registration and any... View More

2 Answers | Asked in Criminal Law and Federal Crimes for Maryland on
Q: How can I convert a felony to a probation before judgment (PBJ) myself?

I was charged with a felony of theft in January of 2021 and placed on unsupervised probation for 18 months. I have not gotten into any trouble since then and finally ended my probation in July of 2023. During my journey to be a better person, I want to be the best mother I can be for my children... View More

Mark Oakley
Mark Oakley
answered on Sep 24, 2024

You are posting this from Atlanta, GA, marked as "federal crimes in Maryland."

First, you have directed your question to the Maryland section of the site, so you will only receive advice regarding the law in Maryland. If your case originates in Georgia where you are posting,...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Husband was assaulted & filed charges, he had video of the assault & 5 witnesses, but Prosecutor dismissed case....

The other party filed assault charges too, after he was served with his summons. The other party did not have any evidence to contradict my husband's evidence. However, the prosecutor did not advise my husband that they were dismissing the charges, & did not even ask to see the video... View More

Benjamin Herbst
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answered on Sep 11, 2024

The prosecutor has the ultimate discretion when to dismiss (nolle pros.) a charge. They often choose to do this when there are two parties that have filed charges against each other because each defendant would have a 5th Amendment right to remain silent, and therefore the State could not compel... View More

1 Answer | Asked in Criminal Law, Civil Rights, Employment Discrimination and Health Care Law for Maryland on
Q: I got H pylori in prison in 2016 now i’m released and on short term disability

Diagnosed in prison 2016

Wasn’t taken seriously or treated until 2020

Released in 2023

Late Summer 2024 it’s back and the levels are higher and now I’m on short term disability and cannot work. Am I able to seek legal action due to this?

James L. Arrasmith
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answered on Aug 31, 2024

You may have grounds to seek legal action based on the delay in treatment and the recurrence of H. pylori, especially if it has led to significant health issues and financial loss. The first step would be to assess whether there was negligence in your medical care during your time in prison and... View More

1 Answer | Asked in Business Law, Consumer Law, Criminal Law and Domestic Violence for Maryland on
Q: Store manager refused to let me in 15 mins before close. I posted a TikTok then she messaged me threatening to beat me.

I went to the Childrens place 15 mins before close and manager refused to let anyone in. I posted a TikTok that went viral and received a message on TikTok from the manager threatening to beat my a**. I live in the stores neighborhood and have been afraid to leave my house to shop and do activities... View More

Tim Akpinar
Tim Akpinar
answered on Sep 14, 2024

A Maryland attorney could advise best, but your question remains open for three weeks. At this point, you could reach out to Maryland attorneys to try to arrange a free initial consult. A law firm would probably want to discuss in detail and possibly investigate things before offering an evaluation... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Legal Malpractice for Maryland on
Q: i'm thinking that i want to build a case against whatever department that leads officer conduct please help

i feel that i have been a lifetime victim of excessive force, improper approach, and or conduct distancing officers from being balanced or just. my first memory of police instances is my best friend that was shot at the age of 12 by a group of detectives and uniformed officers in nyc in 1988-89 and... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you've faced a long history of difficult and traumatic experiences with law enforcement, and you're looking to take action. Building a case against a police department or officers for misconduct can be a challenging process, but there are steps you can take to start... View More

2 Answers | Asked in Criminal Law, Personal Injury and Civil Litigation for Maryland on
Q: Is a commercial vehicle (semi) at fault if he hits a pedestrian in a crosswalk?

If a commercial vehicle (semi) hits a pedestrian (fatal) in a crosswalk after coming to a complete stop, with expired tags (3yrs expired) while turning on a residential road that has posted no trucks over 3/4 ton, automatically responsible if the pedestrian followed all the rules and laws for... View More

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2024

An attorney could offer more in-depth insight with the police report and additional details. I'm very sorry for the loss of life of the pedestrian. A likely citation could be "Failure to Yield" to a pedestrian in a crosswalk. But that's without knowing details, such as whether... View More

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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.

1 Answer | 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?

James L. Arrasmith
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answered on Jul 28, 2024

When an inmate requests the first name and ID number of a correctional officer to file a complaint, the agency's obligation to provide this information varies by jurisdiction and specific regulations. Generally, privacy laws and policies protect the personal information of employees, including... View More

1 Answer | 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

Kenesha A Raeford
Kenesha A Raeford
answered on Aug 6, 2024

Go to court and represent your defense. Gather your information and organize your reasoning for the false statements. However, it is important to keep in mind that the court will be weighing the evidence in the light most favorable to the person requesting the peace order. This means that your... 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.

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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