Lawyers, Answer Questions  & Get Points Log In
Maryland Criminal Law Questions & Answers
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...
View More

1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Maryland on
Q: Can I sue a hotel if me and another family members medications and money were stolen from our room?

I was on vacation out of state and a family member realized her things were rummaged through when we came back from an event and items were missing. I noticed my medication and money was gone the next day when I went to take them. This happened in South Carolina and I live in Baltimore. The hotel... View More

Lee Eidelberg
Lee Eidelberg
answered on Oct 16, 2023

The simple answer to the question of whether you can sue the hotel is "yes." However your need an attorney admitted to practice in SC and evidence that the hotel's staff was negligent in some manner. Presumably, the doors to the rooms lock automatically upon exiting the room so... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Hi. I violated my probation for driving on suspended, although I haven't been to court on the driving one yet..but I was

Incarcerated when MVA suspended my license, and they suspended it for failure to take driving improvement program, which was during COVID. Can I get out of this one? I mean clearly I got released from prison and started driving, but I honestly didn't know it was suspended

Scott Scherr
Scott Scherr
answered on Oct 15, 2023

Do the driver improvement program now and get your license reinstated. You should retain counsel to represent you since the offense carries possible jail time and the VOP also could lead to jail time. If you get your license reinstated, there is a good chance an attorney can keep you out of jail.

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: If a car is impounded during an unconstitutional arrest ,will evidence found in a later search be admissible in court?

Car was impounded during an arrest when there was no probable cause for the arrest or for the way that the police blitz attacked the vehicle while it was sitting still at a red light. After arresting the occupants o the vehicle the officers obtained a warrant to search the vehicle and found some... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

Possibly. More likely to suppress the evidence if the car belonged to the young man than if he was a mere passenger. It depends on more facts than you’ve provided, and the inference that all passengers in car equally possessed the evidence found in it is a potentially very weak one—also partly... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: : I was wondering with the statute code 27-286 am i eligible for an expungement. This happened back in April 25, 1996
Scott Scherr
Scott Scherr
answered on Oct 11, 2023

If you received a stet, nolle prossequi, or probation before judgment, it can be expunged. If you were convicted, an attorney would have to review the exact charge to see if it is eligible for expungement. Only certain convictions are eligible. You speak to an attorney.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: I was wondering with the statute code 27-286 am i eligible for an expungement. This happened back in April 25, 1996.
Mark Oakley
Mark Oakley
answered on Oct 11, 2023

Yes, these charges can generally now be expunged. There are some variables, as old Article 27, Section 286A, 286B and 286C are all different from Section 286 (without a capital letter attached). Former Article 27, Section 286 has been recodified under Criminal Code 5-602. Both a misdemeanor... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: When is a good time to ask for a bill of particulars in a Circuit Court criminal case?

A young man is being wrongfully charged with several serious charges which he is definitely not guilty of. The initial arrest was without warrant and lacked sufficient probable cause for the arrest. Now prosecutors are using evidence that is not related to the case, but could be made to seem like... View More

Mark Oakley
Mark Oakley
answered on Oct 4, 2023

The young man’s lawyer should decide on whether a bill of particulars is necessary or appropriate. Once discovery (evidence) from the prosecutor’s case is provided, it can be reviewed and then a bill of particulars drafted to address the gaps in the State’s case.

1 Answer | Asked in Criminal Law for Maryland on
Q: 3 year’s probation Maryland criminal PBJ

So I was given 3 years probation plead guilty but was given a PBJ I want to close my probation early my only conditions are comply with mental health which I have been doing but I have been doing other classes also have certificates , enrolled in college, no issues on probation my probation isn’t... View More

Mark Oakley
Mark Oakley
answered on Sep 28, 2023

You can always file a motion requesting that the judge terminate probation early or even request an early expungement of your criminal record. However, whether the timing and reasons in support of your request are sufficient or appropriate at this time would require more evaluation. Discuss this... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If I have a fta with a $1000 bond do I have to pay the whole bond?
Scott Scherr
Scott Scherr
answered on Sep 26, 2023

Your best bet is to hire an attorney to file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be set for trial. The attorney can then represent you at trial.

Your option is to turn yourself in while ready to pay the $1,000.00 bond or...
View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Was looking to find the timeline on when I would be able to apply for expungement in maryland and if possible a gov pard

Was convicted of CDS - POSS. OF FIREARMS 1 0692 on 11/01/2017 Sentence/disposition 05/09/2018 for 3 Years

Happened in Maryland

Previous felony conviction in 2016

ATT-CDS DIST-NARC

Scott Scherr
Scott Scherr
answered on Sep 23, 2023

Firearm convictions cannot be expunged. A probation before judgment can be expunged three years from the end of probation. You should run this by an attorney so they can look up the exact charge.

Anyone can ask for a pardon, but not many are granted.

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: A friend gave me a tag to put on my car to keep it parked in parking lot of my home. Come to find out it was a stolen

Tag. I did not know it was stolen. What's going to happen to me

Scott Scherr
Scott Scherr
answered on Sep 15, 2023

If you have been charged with a crime, you should retain counsel to represent you. If not, you need to remove it from your vehicle right away. You should seek legal advice about what to do with it.

1 Answer | Asked in Criminal Law for Maryland on
Q: I have absconded from parole in NJ max date of 03-2024 not caught any other charges, can they keep me past my max date?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023

When a person absconds from parole, it could lead to legal consequences. In Maryland, as in other states, absconding from parole may result in a parole violation. The specific consequences can vary depending on the terms of your parole, the policies of the parole board, and the laws in your state.... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: With no probable cause for the initial arrest is the seizure of the car, refusal to release that car and suspected
Mark Oakley
Mark Oakley
answered on Aug 18, 2023

Lack of probable cause is the basis for a motion to suppress all evidence found as a result, and to make the initial stop illegal.

2 Answers | Asked in Criminal Law for Maryland on
Q: In MD is offense code CR.3.602.(b)(1) considered a "violent crime"?

I researched the most up to date Maryland State Commission on Criminal Sentencing Policy and it lists CR, §3-602(b) as being a violent offense but NOT CR, §3-602(b)(i).

Mark Oakley
Mark Oakley
answered on Aug 16, 2023

ALL violations of subsection (b) constitutes a violent crime. The separate sections within subsection (b) are not differentiated in this regard.

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: What does VOP outcome closed unsatisfactory mean in the MD case search? The defendant was also released from commitment

Is the defendant no longer in trouble? Why would he just be let off of the charge of VOP?

Scott Scherr
Scott Scherr
answered on Aug 14, 2023

It means that the probation has been terminated and is over. It was terminated unsatisfactorily which could affect the future ability to get the charge expunged and future probation conditions. The Defendant has been released from jail.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can the police hit the car I am driving, while I’m sitting at a red light, then arrest me as a suspect in a past crime?

Iwas stopped at red light, on the city side of the Baltimore City/Baltimore County line

Scott Scherr
Scott Scherr
answered on Aug 13, 2023

If there is a warrant for your arrest, they can take you into custody. It makes no difference that they rear ended your car.

1 Answer | Asked in Criminal Law for Maryland on
Q: Hello how can I find a pro bono lawyer in Baltimore Maryland
Scott Scherr
Scott Scherr
answered on Aug 10, 2023

You can contact Maryland Volunteer Lawyer Referral Service or your local bar association.

1 Answer | Asked in Criminal Law for Maryland on
Q: So I am currently on probation and my only condition of probation is to comply with mental health read the extra details

I have to report weekly and my psychiatrist wrote a letter due to my medication not being adjusted correctly and hearing voice and seeing things and impulse control to excuse me from reporting and just doing video calls instead because she wants to make sure I am safe and not at risk and probation... View More

Scott Scherr
Scott Scherr
answered on Jul 30, 2023

The only way to modify your probation is to file a motion with the court and ask the judge to modify it.

1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no probable cause for a traffic stop, can the police keep the vehicle to get a search warrant?

I was at a red light in Baltimore City, but right at the city/county line and county police hit the vehicle I am in and arrest me and the other 3 passengers. The commissioner decides that there was no probable cause and I am released on recognizance. The police say that they are holding the car and... View More

Scott Scherr
Scott Scherr
answered on Jul 28, 2023

It really depends on the facts of the case. If the police were able to get a search warrant, they would have to state the reasons why they were entitled to search the car. You would have to discuss these legal issues with a lawyer in a confidential setting.

1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no probable cause for a traffic stop, can the police keep the vehicle to get a search warrant?

I was at a red light in Baltimore City, but right at the city/county line and county police hit the vehicle I am in and arrest me and the other 3 passengers. The commissioner decides that there was no probable cause and I am released on recognizance. The police say that they are holding the car and... View More

Mark Oakley
Mark Oakley
answered on Jul 28, 2023

A lawyer will need to review all the details and facts, and file a motion to suppress; however, if the search of the vehicle was incident to a lawfully obtained and issued search warrant, then the evidence may not be suppressed, despite the initial stop lacking probable cause. That will be an... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.