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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: If I have a gun charge am I eligible?
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Eligible for what?

1 Answer | Asked in Criminal Law for Maryland on
Q: If the prosecutor missing something out your discovery, can that get your case drop and do you no about the hick law
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Unlikely. If the prosecution fails to disclose something they may be precluded from using it at trial, or they may be compelled to produce it, and the defendant may have grounds to request a postponement to prepare their case based on its late production, or a new trial might be ordered if the... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Scott I did check Maryland judicial case search and nothing was there no preliminary nor court date

Why I wondering what the statue of limitations in Maryland was on the criminal citation for possession of cds not Maryjane that all I ever received when we initially got pulled over and released like I was saying that was in February 8th 2022 how much longer do they have before they have to dismiss... Read more »

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

Once you are served with the criminal citation, this complies with any statute of limitations that may apply. There is no statute of limitations defense in your case if you were issued a criminal citation.

There is a speedy trial issue. You have a constitutional right to a speedy trial....
Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Need advice on the statue of limitations in Maryland on a misdemeanor criminal citation that I received on Feb 8th 2022

The misdemeanor criminal citation was for simple possession of cds not Maryjane we got pulled over they did a search gave both me and the driver the same criminal citation with same charges the driver received the preliminary hearing date and recently went to court after receiving a court date... Read more »

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

The statute of limitations has been satisfied once the citation was issued. You have a potential speedy trial issue. However, you must assert the right to a speedy trial in writing to the court.

A preliminary inquiry merely tells the Defendant of his right to counsel. You should check...
Read more »

0 Answers | Asked in Criminal Law for Maryland on
Q: Need advice on the statue of limitations in Maryland on a misdemeanor criminal citation that I received on Feb 8th 2022

The misdemeanor criminal citation was for simple possession of cds not Maryjane we got pulled over they did a search gave both me and the driver the same criminal citation with same charges the driver received the preliminary hearing date and recently went to court after receiving a court date... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What is Maryland statue of limitations on a misdemeanor criminal citation for possession of cds not Maryjane

We got pulled over on February 8th 2022 I was giving a misdemeanor criminal citation and released from the spot we got stopped since then I never received a preliminary hearing and I haven't been sent a court date think it's a year that Maryland has to charge me or dismiss my charges?... Read more »

Mark Oakley
Mark Oakley
answered on Sep 23, 2022

The citation is the charge, and that meets the statute of limitations for charging you after the date of the offense. The issue is whether your speedy trial right under the Constitution has been violated, and the answer is not found in a clearly stated number of days, but has to do with a weighing... Read more »

0 Answers | Asked in Criminal Law for Maryland on
Q: Is it possible for me to get photos and videos removed from someone’s personal phone?

The person has made me feel threatened about having these videos and picture by saying do they need to show the videos. He has harassed my partner by text from fake numbers telling her about the videos.

0 Answers | Asked in Criminal Law, Animal / Dog Law, Constitutional Law and Landlord - Tenant for Maryland on
Q: A sub-landlord is destroying a tenants property and entering without permission. Has hurt my dog, what can I do about it

Also has taken my belongings, broken some things in the process of taken them. Has hurt my dog in the past.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: On the night my son was arrested I wrote a statement against him and now they want me to testify against him.

Am I required to do so? I read a parental privilege rule, embodied in Sec 25, Rule 130 where no person may be compelled to testify against his children but since I wrote a statement I didn't know if the rule still applied.

Scott Scherr
Scott Scherr
answered on Sep 9, 2022

In Maryland, there is no privilege that prevents a parent from testifying against his or her child. You can be compelled to testify against him. The rule that you cite is not a Maryland rule.

1 Answer | Asked in Personal Injury and Criminal Law for Maryland on
Q: I plead guilty to 2nd Degree Assult (To try and move on without trial). I'm now being sued for an injury.

Will I loose my house and car? Everything is owned by my wife and I.

If he wins do I have to pay right away. I only get a little military retirement and va disability. Do the courts allow payment plans?

Mark Oakley
Mark Oakley
answered on Sep 9, 2022

Who is suing you, your spouse or a third party? If a third party, how do you hold title to your car and house with your spouse? Typically, spouses hold title to real property as Tenants by the Entireties, and as such, a judgment obtained against just one of them cannot attach against property... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Can i go inside the bank with my ID if i have a bench warrant
Scott Scherr
Scott Scherr
answered on Sep 7, 2022

It is unlikely you would be picked up on a bench warrant by going into a bank, but you never know. There are no guarantees.

Your best bet is to consult with an attorney to see if the warrant can be recalled. In some cases, an attorney can file a motion to quash a warrant.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a search and seizure warrent br valid if they put someone else's charges in warrent that were over 10 yrs old

They pretty much obtained a warrent by hear say and pci and someone who dropped a car off by her old charges

Scott Scherr
Scott Scherr
answered on Sep 6, 2022

You would need to consult with a lawyer to discuss the details of the situation in a confidential setting. Warrants are always based on hearsay and there is nothing wrong with that.

1 Answer | Asked in Criminal Law and Internet Law for Maryland on
Q: If someone is being harassed online to extent of having the Amazon wish list stalked what can they do?
Scott Scherr
Scott Scherr
answered on Sep 6, 2022

Can they see your Amazon wish list without having your login information? I recommend changing your password on your Amazon account.

If someone is harassing you, you can file for a Peace Order. You can research what is necessary to get a Peace Order and the elements of harassment. Note...
Read more »

0 Answers | Asked in Criminal Law for Maryland on
Q: Decreasing Restitution Owed After Probation Ends

I completed 3 years probation however I still owe $16,000 in restitution. I used an old employers Amazon account without permission. If I have knowledge that the Amazon bill was never paid , can I have the amount that is owed decreased . Being that restitution is about making the plaintiff whole... Read more »

0 Answers | Asked in Criminal Law for Maryland on
Q: I was convicted in 2001 in Harford County, Baltimore County and Baltimore City (Maryland). I served a bit over 10 years

on 20, paroled in 2011, finished parole without incident. I am seeking a pardon, can you please advise? Thank you sir/ ma'am.

(Maryland 3-403)

1 Answer | Asked in Criminal Law for Maryland on
Q: Do I need a lawyer for a Peace Order hearing this Friday?

Last Tuesday, I went to pick my 13 yo son up near school at the location we agreed upon that morning but he wasn’t there. After waiting 10 minutes, I drove home looking for him. I saw him walking down Main Street so I honked at him, pulled into a side street, and got out to call for him. He... Read more »

Mark Oakley
Mark Oakley
answered on Aug 30, 2022

Although a peace order does not itself carry jail or a fine, and is not a criminal matter involving conviction and sentencing that would affect a criminal background check, should you violate the terms of the peace order (typically by having contact with the persons protected by the order) then... Read more »

1 Answer | Asked in Family Law, Child Custody, Criminal Law and Employment Law for Maryland on
Q: If person charged is an educator will this be on criminal record to impact employment or custody if no previous charges?
Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Any criminal charges will show up on a background check and Maryland Judiciary Case Search. It certainly could affect your employment if you are convicted depending on the charge. You should speak with a lawyer.

1 Answer | Asked in Criminal Law for Maryland on
Q: Are cases of altering/ uttering a prescriptions eligible for expungement in Maryland? Happened around 1990-1991

Have had no charges nor arrest for 30+ years.

Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Yes, that should be able to be expunged 10 years from the end of the sentence or probation assuming all other criteria are met. The statute is now Section 5-620 of the Criminal Law Article of the Annotated Code of Maryland. Md. Ann. Code, Crim Proc. Art., Sec. 10-110 states that this section can... Read more »

1 Answer | Asked in Criminal Law and Divorce for Maryland on
Q: Can a spouse sue his wife for stealing the cell phone and m make threats to use against him in a divorce?

The wife threatenend the husband to put his proprties in her name or she will expose pictures too the public, friends ,family and even those pictures were not his but sent by others to him. No permission was given to the wife ever to use the phone .

Mark Oakley
Mark Oakley
answered on Aug 17, 2022

What you are describing could be characterized as criminal extortion by your wife, which could be the basis of having criminal charges filed against her; of course, then the contents of whatever is in the cell phone that she is threatening to expose will come into the hands of law enforcement as... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Does multiple arrest for the same criminal episodes give grounds for a dismissal of all charges?
Scott Scherr
Scott Scherr
answered on Aug 15, 2022

Probably not. Double jeopardy only applies when jeopardy attaches. This is when the first witness is sworn. There could be speedy trial issues if charges are dropped and then refiled depending on the facts. You would have to speak with a lawyer.

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