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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: Hi my name is Edward and I was wondering if cr.11-107 indecent exposure that happened in 2013 expungeable?
Scott Scherr
Scott Scherr
answered on Jan 10, 2024

If you received probation before judgment, it can be expunged. If you did not receive probation before judgment, it is not an offense that can be expunged at the present time.

2 Answers | Asked in Federal Crimes and Criminal Law for Maryland on
Q: can i have felony conviction of aiding and abetting (tax fraud) expunged after 25 years in state of maryland

no jail time, ordered to pay restitution for 3 years..

James L. Arrasmith
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answered on Jan 13, 2024

In Maryland, expungement eligibility for a felony conviction like aiding and abetting in tax fraud depends on various factors, including the specific circumstances of your case, the type of conviction, and your criminal record since the conviction.

Generally, Maryland law allows for certain...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Can I take concerta while on probation in Maryland if it’s prescribed to me?
Scott Scherr
Scott Scherr
answered on Jan 5, 2024

You should check with your probation officer before taking the medication.

1 Answer | Asked in Criminal Law for Maryland on
Q: If I wait 18 months of my probation, is not getting a job a good cause of expungement even if the wait is 5-7years?

i already used my pbj. and now im with a 2nd degree assault. the arrest is the problem with the "attempted murder" when i had witnesses. no one will hire me. i dont trust the police now and i dont even trust my lawyer now.

Scott Scherr
Scott Scherr
answered on Dec 30, 2023

If you received probation before judgment, you can seek a "good cause" early expungement for second degree assault. It is a legitimate and valid reason to get an early expungement if you cannot find work. The decision will be up to the judge.

If you did not receive a PBJ, you...
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1 Answer | Asked in Criminal Law for Maryland on
Q: My question before was if I can get my 2nd degree assault charge expunged before 7 years because the arrest was is terr

My arrest was 100 times what it shouldve been and I cant get a job. No one cares about the 2nd degree assault, but they care about the arrest. "If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or... View More

Scott Scherr
Scott Scherr
answered on Dec 29, 2023

If your attorney filed a motion for modification of sentence within 90 days and asked the judge to hold it sub curia, then your attorney can ask the court to schedule a hearing to determine whether the conviction should be modified to probation before judgment. If it is modified to the PBJ, the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years...

In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years... Its not the 2nd degree assault that's the problem since its a misdemeanor, but the cop over charged me 100 times what it should have ever been charged. Now its hard to find jobs off of the arrest, not... View More

Scott Scherr
Scott Scherr
answered on Dec 29, 2023

If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or sooner for good cause. If the conviction was intact, then it depends whether the assault was a domestic incident. If it was not, the waiting period is 7... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How do I find a Pro Bono Defense Attorney for my daughter in Maryland?

Need someone who is familiar with military court. Although, my daughter is not in the military, she works on the base in the Child Care Center.

Mark Oakley
Mark Oakley
answered on Dec 22, 2023

The Public Defender’s Office provides free representation in criminal cases for defendants who meet the financial requirements. If the case is pending in federal court (United States District Court or before a U.S. Magistrate), then she (not you) needs to apply for representation with the Federal... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.

I am trying to find out if these charges can be expunged in Maryland?

James L. Arrasmith
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answered on Dec 14, 2023

The process of expunging criminal records, especially for felony charges, varies significantly by state and the nature of the charges. In Maryland, the laws regarding expungement have specific criteria that must be met for a record to be eligible.

For charges related to Controlled Dangerous...
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1 Answer | Asked in Criminal Law for Maryland on
Q: My fiance was found guilty of drug paraphernalia and giving false name to avoid prosecution, she was given an 180 day

Sentence all suspended but , 30 days with 2 years of unsupervised probation. She is a two time felon and once released from these charges she goes right back to court for trespassing and malicious destruction of property. If found guilty will she violate her unsupervised probation and have to... View More

Scott Scherr
Scott Scherr
answered on Dec 13, 2023

In order for there to be a violation of probation, she must have been on probation at the time the offense was committed. If she was not on probation when she allegedly committed the acts, then there will not be a VOP.

1 Answer | Asked in Criminal Law for Maryland on
Q: My fiance was found guilty of drug paraphernalia and giving false name to avoid prosecution, she was given an 180 day

Sentence all suspended but , 30 days with 2 years of unsupervised probation. She is a two time felon and once released from these charges she goes right back to court for trespassing and malicious destruction of property. If found guilty will she violate her unsupervised probation and have to... View More

Mark Oakley
Mark Oakley
answered on Dec 13, 2023

Whether she does her back-up time is up the the judge at the VOP hearing, but that is what she is facing. She has to be found guilty of the VOP first. That will typically depend on whether she is found guilty of the trespassing and malicious destruction of property. Therefore, her focus should... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Ex arrested for first degree assault on me. Should I show up on his court date, if not subpoenaed? To tell my side?

He was arrested for first degree assault, I called the cops for help..I'm being charged in return with 2nd degree assault because right before I passed out from strangulation I reached up and scratched his face to get him to stop. I never would have called for help if I new it would just come... View More

Scott Scherr
Scott Scherr
answered on Nov 29, 2023

You will need to appear for the charges against you or a warrant will be issued for your arrest. You should have an attorney representing you. You should either retain private counsel or go to the Public Defender.

Your attorney can advise you of the best way to proceed which may mean...
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1 Answer | Asked in Criminal Law for Maryland on
Q: My loved one has an eye injury which occurred before going to prison and has left them visually impaired. Is there help

If at all possible how can I advocate for them?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

You may want to reach out to the National Federation of the Blind (NFB), headquartered in Maryland, for resources.

While not legal advice I hope this helps.

1 Answer | Asked in Criminal Law for Maryland on
Q: With new Redeem act in MD - looking to see if I can get a specific charge expunged?

CDS manufacture/distribute narcotic FELONY - State code CR.5.602.(1) Offense - 3/13/2007, probabtion completed I believe in early 2011.

Scott Scherr
Scott Scherr
answered on Nov 20, 2023

You should be eligible under the REDEEM Act of 2023. This charge should be able to be expunged seven years from the end of probation/parole assuming no new charges.

1 Answer | Asked in Criminal Law for Maryland on
Q: How can I get credit credit for the restitution payment if my co defendant paid it in full and it was jointly/severly?

Me and co defendant were ordered to pay restitution jointly and severly. The co defendant paid the restitution and received credit for the payment. If it was jointly and severly with co defendant don’t we both get credit for the restitution and if so how does the co defendant get credit for the... View More

James L. Arrasmith
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answered on Nov 19, 2023

In a situation where restitution is ordered jointly and severally, if one co-defendant pays the entire amount, it usually satisfies the obligation for all parties involved. This means that if your co-defendant has paid the full restitution, legally, the debt is considered paid for both of you.... View More

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Maryland on
Q: What are the rules about having a lawful peaceful protest
James L. Arrasmith
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answered on Nov 12, 2023

In the United States, the right to peaceful protest is protected under the First Amendment.

However, this right is subject to certain restrictions to ensure public safety and order. Local laws may require permits for large gatherings or the use of public spaces like streets or parks....
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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Maryland on
Q: How close can I approach an officer engaged in a traffic stop with another person?

Of course only legally speaking. If I was just an observer of a traffic stop in progress involving someone else, how close can I get the the car stopped or the officer doing the stop? Can I position myself behind the officer? Can I interact with the driver or passengers, specifically to give... View More

Scott Scherr
Scott Scherr
answered on Nov 12, 2023

You cannot position yourself right behind the officer or the officer may feel you pose a danger. You cannot interfere with the stop or arrest. You can film it since you are in a public place. You should not be interacting with the driver or passengers. You must obey a lawful command of the police... View More

1 Answer | Asked in Criminal Law, Agricultural Law, Animal / Dog Law and Environmental for Maryland on
Q: Can dnr officers search my house without permission in md if someone (lies) tells them i have a monkey inside my house?

They came and knocked on my door but i didn't answer. I was told by a neighbor that another neighbor that doesn't like me told the police or dnr that i have a monkey. But now I'm scared to sleep bc in scared they are gonna raid my house n i have really bad anxity and ptsd. I... View More

Scott Scherr
Scott Scherr
answered on Nov 2, 2023

They cannot raid your house unless they get a warrant.

1 Answer | Asked in Criminal Law, Tax Law, Banking and Federal Crimes for Maryland on
Q: I lied and disputed 1,500 from betmgm. There's already 1,200 in the account that the bank gave back. Can I be arrested?

Hello, I made a stupid decision. I opened an m&t checking and savings account last month on the 18th. A few days ago, I downloaded bet mgm (an online gambling site) and placed a few bets. I had just gotten paid 1,000 from my current job.. So I bet with that money and ended up with $1500. So... View More

Scott Scherr
Scott Scherr
answered on Nov 3, 2023

You should stop posting information online since you have admitted to a crime. You could be charged with fraud and theft. I would not speak further with anyone about this case. You should retain counsel if you are charged.

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Can I file a civil suit against something found guilty and sentenced to Probation before judgement?

I was the complaintant in a criminal case in Anne Arundel County. The defendant was found guilty but sentenced PRJ.

Can I now file a civil suit for the hardship and damages he caused to me?

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Yes. You will not be able to use the result of the criminal case to prove your claims, but you can order the transcript of his plea of guilty and use that to prove his admission to committing the crime (assault? Theft?) against you.

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can I own a firearm if my husband is a convicted felon?

I have emailed the supreme courts and administration of hearings also and they told me to ask MSP and MSP told me to ask a lawyer I explained to them it would be locked in a safe, I would only have a key and combination to the safe he would not have access to it I have rights this violates my 2nd... View More

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Your husband cannot own or “possess” a firearm. Possession encompasses “constructive possession,” which means the firearm is accessible to him. Any gun n the house he dwells in is close enough to be accessible.

“But my wife is the only one with a key or combination to the gun...
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