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Maryland Criminal Law Questions & Answers
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

1 Answer | Asked in Criminal Law for Maryland on
Q: If someone steals my phone off the ground in front of me in Maryland, is it legal for me to attack them to get it back?
T. Augustus Claus
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answered on Jul 24, 2023

Engaging in physical violence to retrieve stolen property is generally not advisable and can potentially lead to legal consequences. In situations like this, it is recommended to prioritize personal safety and contact the appropriate authorities, such as the police, to report the theft and provide... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If someone steals my phone off the ground, in Maryland, US, is it legal for me to attack them to get it back?
Tim Akpinar
Tim Akpinar
answered on Jul 22, 2023

A Maryland attorney could advise best, but your question remains open for two weeks. The use of force involving protection or retrieval of property is something that criminal defense attorneys are best qualified to advise on. Your question was probably overlooked in the general... View More

1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Small Claims for Maryland on
Q: I deposited a check in my account for my friend and gave them the money it was fake can I sue them?

It’s been five years since this happened and they almost always promised to start paying me back and never did and we are no longer friends and I’m left with this debt. It’s $3283.

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

The statute of limitations for commencing a civil suit is 3 years, so that has expired. You can file the lawsuit, but if the defendant raises the statute of limitations as a defense, you lose. It is an affirmative defense, so the defendant has to raise it or he waives it. Your facts also support... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: would i be able to restore my gun rights having suffered a 1978, 2nd degree robbery conviction in new york

I have moved to maryland, gotten married in 1981, raised 3 children and owned and operated a jewelry store for 40 years and now retired and have not run afoul of the law since the conviction

Scott Scherr
Scott Scherr
answered on Jul 10, 2023

If this was a felony or a misdemeanor that carries a statutory penalty of more than two years in jail, then a conviction would disqualify you from owing or possessing a firearm in Maryland.

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for Maryland on
Q: Is there any way to compel the company to give me the name of the person who made a false statement against me?

I work for a ride-share company and recently had my account deactivated because a rider lied that I had drugs with the intent to sell. This is absolutely false. I need to know the name of the rider who defamed me, but the company will not share the contact information for the rider. Is there any... View More

Mark Oakley
Mark Oakley
answered on Jul 4, 2023

You will need to discuss the issue with an employment attorney, and explore whether you have a wrongful termination lawsuit or other type of claim you can file. In a civil legal action you can compel responses to interrogatories (written questions that must be answered under oath), demand... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Old assault claim

My ex is trying to bring up a made up assault case from February 2021. I called police because there was an argument. She told the police I hit her and she wanted to press charges. I wasn't arrested nor charged. We resumed the relationship, moved to another state, Jan of 2021 she attacked... View More

Mark Oakley
Mark Oakley
answered on Jul 2, 2023

Probably not.

2 Answers | Asked in Criminal Law, Civil Litigation and Domestic Violence for Maryland on
Q: Do u know what is considered no unlawful contact w/ another person when ordered by the district court in Annapolis, MD

Unlawful contact was a condition to his release on recognizance after he was arrested for assault & destruction of property over $1000.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

"Unlawful" contact --as opposed to "no" contact" -- would mean any contact that violates the law. Any criminal offense, for instance. If the pretrial release on bond conditions include the common restriction to have "no contact with the victim" then any contact... View More

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1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: Peace order was falsely filed on me from ex who is upset that I outed her affair to her new fiancé. What can I do?

My ex fiancé of 5 years decided to walk out one day and get with someone new. After only 4 months, she contacted me and Has been having an affair with me for 8 months. I recently exposed her as she and I both knew I had been keeping tabs on her lies. Now that she’s caught up she claimed she... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 3, 2023

You need to go to court and fight the accusations. Full stop. Everything else is of secondary importance. You will need to hire an attorney and combat the accusations. Unfortunately, most states do not have a penalty for making false accusations regarding protection orders. But you cannot... View More

3 Answers | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: My 20 year old daughter tried to get in a club in MD with a fake ID that had her real name & picture, with a different

Birthdate. We live in Pa. She’s a top student & has never been in trouble.Can she plead guilty & ask for the diversion program? What is the best avenue to try to get a misdemeanor off her record? Thank you.

Lee Eidelberg
Lee Eidelberg
answered on Jun 27, 2023

I wholeheartedly agree with my colleagues' previous responses. Having handled countless cases involving young adults using internet generated fake I.D.'s, it is not uncommon, provided a Defendant has no prior convictions or similar offenses in their history, to avoid formal prosecution.... View More

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1 Answer | Asked in Criminal Law and Gaming for Maryland on
Q: I Got Probation And Home Detention For Case But On The Website It Says My Case Is Still Open ? That Was A Week Ago ?
Scott Scherr
Scott Scherr
answered on Jun 26, 2023

Maryland Judiciary Case Search contains errors. You can contact the Clerk's office to see why the case was not marked as closed.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can you be found quilty of littering just by a video of your car, but no witnesses, or any video of your license plate

or a clear picture of your face. Just someone saying that you drive a car like the one in the video.

Mark Oakley
Mark Oakley
answered on Jun 24, 2023

Proving guilty requires proof of criminal agency, meaning being able to prove that the person charged with the crime actually committed it. If all the have is a silver Honda civic with no license plate or other uniquely identifiable characteristics then they can’t even identify the owner of the... View More

2 Answers | Asked in Tax Law and Criminal Law for Maryland on
Q: Hi i own a store in Maryland and we didn’t know about tobacco products tax

we have got 2 tickets there code

TG.13.1014.b

BR 16.5-218

Mark Oakley
Mark Oakley
answered on Jun 11, 2023

The Tax-General code citation is a criminal misdemeanor that carries up to 90 days in jail and a $500 fine, and the Business Regulation code citation is a criminal misdemeanor that carries up to 30 days in jail and a $1,000 fine. Both are "must appear" charges, meaning you can't... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: What can I do to find out who my harrasser is? And put a stop to it.

Over the past 4 years now, someone has placed orders in my name for magazine subscriptions; A real estate agent called my landline saying he received a message through Facebook (he would not give details about who or where) that my husband and I are divorcing and that my husband wants to sell our... View More

Mark Oakley
Mark Oakley
answered on Jun 10, 2023

Only the police will have the investigative and legal resources necessary to obtain and trace back online postings, magazine orders, email correspondence, etc., from various company websites and internet providers, and connect them to the person responsible. That’s your starting point.

1 Answer | Asked in Criminal Law for Maryland on
Q: One question violation of probation do I usually get a warning for that or is there a possibility that I could go to

Jail only thing I did was sending a message I didn’t threaten anyone or anything like that I just wanted to say sorry for what I did wrong

Mark Oakley
Mark Oakley
answered on Jun 10, 2023

If the crime you’re on probation for carries jail as a penalty, then yes, jail is always an option. It will depend on the seriousness of the violation. If you were order to have no contact with the victim, then it doesn’t matter how good your intentions were as far as it being a violation, but... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How do I get off of pretrial services early in Maryland?

Or at least get a curfew

Scott Scherr
Scott Scherr
answered on Jun 10, 2023

You would need to file a motion to modify the pretrial conditions. The judge is unlikely to grant it absent a change in circumstances since the pretrial conditions were set.

1 Answer | Asked in Criminal Law for Maryland on
Q: Why would they reopen a case

They reopened my husband case and I was wondering why it says violation of probation but he’s been checking in

Scott Scherr
Scott Scherr
answered on Jun 7, 2023

It is impossible to know why a violation has been alleged. It can be for failing to pay restitution, complete court ordered treatment, pay court fees or probation fees, picking up a new charge, or any number of reasons. He should retain counsel to represent him. The Violation will set forth the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Maryland on
Q: How do I remove an unrelated persons name from my indictment?

I’m in Silver spring, Maryland. I’m attempting to expunge a felony marijuana case from over 17 years ago. In the process of filing the paperwork, I discovered my date of birth on the internets case search was incorrect. I decided to purchase a copy of the indictment. In the indictment docket I... View More

Mark Oakley
Mark Oakley
answered on Jun 5, 2023

It depends on whether the mistakes were made by the clerk when updating the online Judiciary Case Search system, or whether these were errors made in-court by the judge at the time of sentencing or earlier in the charging documents by the police or prosecutors at the start of the cases. If the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can my sons case be dismissed if they got his name wrong?

My son was stopped by police because they said the window tint on the car was illegal. When they ran his name they said that he had a warrant for a simple assault from March 2023. He was incarcerated in March 2023 and the assault allegedly took place while he was incarcerated. He was taken into... View More

Scott Scherr
Scott Scherr
answered on Jun 5, 2023

This is a misnomer that will be corrected. It will not result in the dismissal of the charges unless the warrant was meant for someone else. If he can show that it was not him and instead was this other person with a different name, that is a defense.

2 Answers | Asked in Criminal Law for Maryland on
Q: I have a misdemeanor possession of cds not Marijuana charge court date today in Frederick md

I was planning on having my mother drive me to Frederick md for the possession of cds not Marijuana charge and request a jury trial because I heard that circuit Court easier on cases like that being they are used to trying major felony cases that question 1 is that a good idea? Question 2 my mother... View More

Mark Oakley
Mark Oakley
answered on Jun 1, 2023

Take an Uber or call a friend and get to your court date. Only pray a jury trial on advice of experienced counsel who is familiar with your case, the judge you’re in front of and the prosecutor. You can always appeal an adverse result in District Court to Circuit Court and get a do-over so... View More

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