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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get a case dismissed so me and my boyfriend don’t have to go to court

My boyfriend got charged with second degree assault I don’t want to press charges nor do I want to go court for this case how can I get it dismissed I reached out to the prosecutor but I haven’t been able to reach her yet so what I can do fast efficient to get it thrown out

Eric Todd Kirk
Eric Todd Kirk answered on Jul 7, 2020

It's completely out of your control. The people of the state of Maryland through the office of the state's attorney are prosecuting the case. The decision whether or not to proceed with the case is within the sole discretion of the prosecutor, not the victim. You can certainly make your... Read more »

2 Answers | Asked in Criminal Law, Traffic Tickets, Car Accidents and Civil Litigation for Maryland on
Q: Can I sue a driver hitting my parked car and run off but was caught and went back to the scene?

The driver hit my parked car and ran off but was caught by our neighbor when he chased him and convinced him to go back to the scene which he did. The police arrived and found out that the driver apparently has a suspended license. Insurance company said that that most likely will happened is for... Read more »

Lee Eidelberg
Lee Eidelberg answered on Jul 5, 2020

depending on the age of your vehicle and the extent of the property damage, you may have a civil claim against the opposing individual for diminution of your vehicles value. however, you have not provided sufficient information to comment on whether it is worthwhile to pursue such a claim.

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2 Answers | Asked in Criminal Law for Maryland on
Q: hello, would you happen to know the chances of someone getting house arrest or

how much time they would get being charged with assault 1 and 2 if there was no adult offenses prior and no weapons involved

Mark Oakley
Mark Oakley answered on Jul 5, 2020

First offense (no priors) is important, but there are not enough facts to help a lawyer predict a possible sentencing option like that. Straight home detention, where jail of any kind is implicated, is not a typical sentence, although due to the COVID-19 pandemic, that option is more available... Read more »

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2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for Maryland on
Q: My brother was struck by a car and killed in Baltimore Maryland the officers won't tell us anything what can we do

We have a estate lawyer for him but they won't tell them anything but that it's a active murder investigation, wouldn't it be vehicular manslaughter. officers turned the case over to the ASA but nobody called n told us that they won't let us see the video of the accident either... Read more »

Mark Oakley
Mark Oakley answered on Jul 3, 2020

The personal representative of the estate should retain a personal injury lawyer to pursue a survival action, and your brother’s heirs (wife, children, parents, siblings) should retain a personal injury lawyer to pursue a wrongful death action. I’m n these cases, the estate may prefer to not... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: How do I restore my right to own and possess a firearm since I pled guilty to CR.7.105 on 2/21/2013
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jul 3, 2020

Hopefully the chance at probation before judgement remains though that would have to have been filed within 90 days of disposition. But if your lawyer (if you had one) did not do that you can seek post conviction relief and a chance to turn the conviction to a non-conviction.

1 Answer | Asked in Criminal Law and Internet Law for Maryland on
Q: Hi I got a question what is display obscene mat to minor means cjis is 1-0635 and statue code 11-203 b1 or d1

Do I have to register as a sex offender ?

Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jul 3, 2020

It means displaying obscene materials (like pornographic magazines) where minors could have access. The penalties are criminal - one year and up to a $1000 fine. It does not require registration from my initial review of the statute. But it is nevertheless a serious criminal charge.

1 Answer | Asked in Car Accidents, Wrongful Death and Criminal Law for Maryland on
Q: How can I protect my family in the state of MD if caught in a roadblock protest and they begin attacking my car?
Thomas J. Maronick Jr
Thomas J. Maronick Jr answered on Jul 3, 2020

In Maryland you cannot use deadly force for property alone and you can only use reasonable force depending on the circumstances. If they are attacking the car with your family in it and you fear for their safety, you could likely use reasonable force to prevent the assault.

2 Answers | Asked in Criminal Law for Maryland on
Q: can any court anywhere in the us skip arraignment preliminary and pre trial hearings and go straight to trial?
Eric Todd Kirk
Eric Todd Kirk answered on Jun 30, 2020

I'll only speak to Maryland since that is where you appear to be located. For crimes prosecuted in The district Court of Maryland, the only court date is typically the trial date. Any pretrial motions are addressed on the day of trial.

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3 Answers | Asked in Criminal Law for Maryland on
Q: I have a second degree assault charge with PBJ. On probation for three years. How long until I can get it expunged?

I am past year 2. First time offense. Have not gotten into trouble. I got bad advice from my past lawyer on this case. I want to get it expunged as soon as I can but I read that I might have to wait 3 years after my probation is over until I can apply for expungement with PBJ. Is that true?

Eric Todd Kirk
Eric Todd Kirk answered on Jun 26, 2020

A petition for expungement based on a probation before judgment or a stet with the requirement of drug or alcohol abuse treatment may not be filed earlier than the later of:

(i) the date the petitioner was discharged from probation or the requirements of obtaining drug or alcohol abuse...
Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: With me pleading guilty on 2/21/2013, to CR.7.105, does this prevent me from owning/possessing a firearm
Robert C. Bonsib
Robert C. Bonsib answered on Jun 22, 2020

Yes. If you plea guilty to motor vehicle theft - CR 7-105 - that is 5 year felony and you are prohibited from possessing a firearm.

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Animal / Dog Law for Maryland on
Q: How should I go about getting my deposit back from a a breeder who refused for follow through with obligations

A breeder required 300$ down payment to guarantee a puppy. He promised to send pictures of the female bluenose pitbull puppy, a copy of lineage and shot paperwork, and receipt for payment. After days of me attempting to contact him he refused to respond or and phone calls and texts. He than texts... Read more »

Mark Oakley
Mark Oakley answered on Jun 18, 2020

No police, he has committed no crime, they will do nothing for you. No basis to sue, he has not breached the agreement yet to provide you with a pitbull puppy. Unless you have a contract that states when he was supposed to provide you with pictures and paperwork, then the issue of whether he has... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: I am on parole if I pay my fine off will.be able to be taking off parole
Eric Todd Kirk
Eric Todd Kirk answered on Jun 16, 2020

There doesn't appear to be enough information in your question to be able to intelligently answer it. There are a lot of variables that could impact the answer beyond simply paying off a fine. You may wish to consult with an experienced criminal defense attorney in a confidential setting of... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: My CoD is on house arrest for something I did, I want her released and all charges dropped against her.

We were searched by police, they found weed and a gun. It was her car. But i tried telling them it was all mine what must i do to get her released immidietly and charges dropped ?

Eric Todd Kirk
Eric Todd Kirk answered on Jun 15, 2020

There is little you can do. The choice to prosecute someone, or not, is squarely within the discretion and judgment of the prosecutor. If contraband items were found in someone's car, it makes sense that they would be charged. For example, someone does not need to 'own' an item to be... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Hi. Is it legal to be your son’s manager at work? Like as in direct supervisor.
Eric Todd Kirk
Eric Todd Kirk answered on Jun 13, 2020

I can't think of any criminal laws that would prevent that arrangement. Indeed I suspected happens frequently. You might want to consider reposting this question under a labor law or employment relations heading

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2 Answers | Asked in Criminal Law for Maryland on
Q: My probation requires me to get a bachelor's degree or I do 10 years in prison. Can't afford it, my judge can do that?

I took a plea and faced 1 year max in jail time, but I didn't know she'd impose these harsh terms. I'm 22 years old. She pretended to sentence me the full year but it was actually a month which I learned later. I was told the terms of probation when I got out of jail. The pandemic is... Read more »

Mark Oakley
Mark Oakley answered on Jun 12, 2020

I assume you had a lawyer. You should go over your options with your lawyer, or contact another lawyer to discuss the details and what you can do. You list your location as Arlington, VA, but the question is posted for Maryland. Therefore, I will answer this question only based on Maryland law... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: How can you prove this charge if statute Cj 3 8a-30
Mark Oakley
Mark Oakley answered on Jun 9, 2020

Witness: "I saw the defendant hand a twelve year old boy a beer, and they both drank beer together."

Prosecutor: "Can you identify the Defendant in the courtroom?"

Witness: "That's him right there, in the blue shirt, seated at the defense table....
Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: If a protective order has been violated but it expired a month before I go to court can i still be arrested.?

Protective order was violated in May but it expires in August

Mark Oakley
Mark Oakley answered on Jun 7, 2020

The date of your trial is irrelevant. If you violated the terms of the protection order during the time it was in effect, you can be charged and found guilty whenever the trial is held.

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1 Answer | Asked in Criminal Law and Military Law for Maryland on
Q: What type of lawyer do I need to sue someone for harassment/stalking?

I have been photographed without my consent multiple times in a publicly used area. These photographs, along with phone calls, have been used to instigate issues with our housing management, we aren't sure to what end. These individuals have tried to bring us to court under pretenses, and one... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jun 6, 2020

You can file for a civil peace order, and discuss the case with the police department or take out an application for statement of charges at the commissioner's office. You can also speak with a civil litigator about injunctive relief, defamation, false light and other civil claims wherein you... Read more »

2 Answers | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Am I obligated by law to attend an 'additional' meeting after a park ranger has already detained me and let me go

Hello, a park ranger had detained me for metal detecting in a national park. He never read me my Miranda rights and forgot to make me sign one of the citations he gave me, but made me sign the other. He let me go, and 2 weeks later, he calls me and asks to meet with me in person to get more... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jun 2, 2020

You never are obligated to discuss matters with government officials where there is a risk of criminal sanction for you. Even if you are arrested for this offense, you do not have to talk, or should you choose talk, you may elect to do so only with a lawyer present, and terminate any conversation... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: What do you think he should do as far getting a public defender, right now he does not have any income.

On the walmart theft citutation.

Robert C. Bonsib
Robert C. Bonsib answered on May 21, 2020

yes

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