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Maryland Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I am attending a protest in June and need to know if my sign is protected speech or legally threatening.

I am making a cardboard guillotine and plan on having paper cut-outs of the heads of different politicians and billionaires and when I asked ChatGPT it said that the guillotine would be fine to make but when I include the paper heads of actual people, I could be getting into the threat territory... View More

Mark Oakley
Mark Oakley
answered on May 14, 2025

What you are describing woud be protected First Amendment free speech. Signs brought to political protests and rallies would be subject to heightened protections. The only scenario where a sign could lose First Amendment protections is where the sign was deemed to be a "true threat."... View More

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1 Answer | Asked in Criminal Law and Gaming for Maryland on
Q: Seeking a criminal lawyer for horse racing gambling charges in Maryland

I have been summoned to appear in court due to charges related to a gambling scheme in horse racing. I am seeking a criminal lawyer with experience in horse racing cases. Can you advise on how to find such a lawyer or any suggestions for dealing with these charges?

Mark Oakley
Mark Oakley
answered on May 12, 2025

I do not know how you identify specific lawyes with past experience defending illegal horse gambling schemes, other than googling news reports and articles about others charged in the past with these crimes, and looking to see if their lawyer is mentioned, or looking up those defendants by name in... View More

2 Answers | Asked in Criminal Law, Domestic Violence and Immigration Law for Maryland on
Q: Will past domestic violence cases affect wife's F2 visa?

My wife lived in the United States for the past 10 years and is currently in India. She is applying for an F2 visa and will attend the consular interview. We had disputes, leading her to file domestic violence and another criminal case against me in India. These cases were recently dismissed... View More

Mark Oakley
Mark Oakley
answered on Apr 29, 2025

If I’m reading your facts correctly, these cases were brought against you, not against her. You were the alleged perpetrator, she was the alleged victim. In that case, they will have no affect at all.

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1 Answer | Asked in Criminal Law for Maryland on
Q: I have recently gotten two expungements on pbj’s in md. I recently got one letter back from CJIS saying expungement is

Completed and awaiting the other.

I am wanting my ccw permit and wondering about the NICS check and firearms rights restorations. Basically does the state CJIS inform ncic about expungement

Mark Oakley
Mark Oakley
answered on Apr 22, 2025

Yes, is deletes the entries in the FBI's nationwide database used by all state and local police agencies and for private employer background checks. The only exception is when the FBI itself performs a criminal background check (e.g., for federal employment, immigration, security clearance,... View More

2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Maryland on
Q: What are the legal consequences of a neighbor making verbal threats to harm me in Maryland?

I've been receiving numerous verbal threats from my neighbor, who has repeatedly threatened to knock out my teeth and lights. My roommate has witnessed these threats on several occasions, and there have been about a dozen incidents overall. I am trying to find information about the legal... View More

Mark Oakley
Mark Oakley
answered on Apr 18, 2025

MD Code, Criminal Law, § 3-803. Harassment.

Prohibited

(a) A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

(1) with the intent to harass, alarm, or annoy the other;...
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2 Answers | Asked in Criminal Law for Maryland on
Q: Why is a chemist test requested for gun charges defense?

I am facing felony gun and ammo charges, and my defense has requested an on-demand test involving a chemist or breath technician. Could you explain the purpose of such a request and how it might relate to my case?

Mark Oakley
Mark Oakley
answered on Apr 22, 2025

Most criminal defense lawyers file omnibus motions covering every type of demand for every tpe of chemist the state may attempt to use, regardless of whether any such test was performed or even relevant to the charges. This way, they don't miss requesting the prsence of the chemist in any... View More

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2 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: Can I travel to Turkey with a resolved misdemeanor charge?

I am a U.S. citizen with a resolved misdemeanor charge involving my stepdaughter. Before this, I had no prior legal issues. I previously traveled to the UK in February without any problems. I am now planning to travel to Turkey and want to know if I might face any difficulties due to this charge.... View More

Scott Scherr
Scott Scherr
answered on Apr 5, 2025

If you are on supervised probation, you need permission from your probation officer or the judge to leave Maryland. This is a standard condition of supervised probation. You will also need to see if there any restrictions in being allowed into Turkey with a conviction which depends on the laws... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can I expunge 42-year-old charges for open container and resisting arrest in Maryland?

I am looking to have a guilty finding for an open container violation and resisting arrest from 42 years ago expunged in Maryland. The offenses occurred when I was 19 years old, and I am currently 60. In the past, I had other convictions, including possession with intent to distribute in 1988... View More

Scott Scherr
Scott Scherr
answered on Mar 14, 2025

If you received probation before judgment, they can both be expunged. If the convictions are intact and they arose from the same incident, then they cannot be expunged because resisting arrest cannot be expunged. Under the unit rule, both charges must be eligible. However, the laws change... View More

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1 Answer | Asked in Animal / Dog Law and Criminal Law for Maryland on
Q: Why is my mother charged for stray cats she doesn't own?

I'm concerned about my neighbor bringing an animal nuisance charge against my mother in Harford County, MD, for stray cats that do not belong to her. There have been no interactions with the neighbor, no notifications from city officials or animal control, and we were informed that the... View More

Mark Oakley
Mark Oakley
answered on Mar 11, 2025

You do not state the exact civil code violation your mother was cited with violating. However, Harford County Code Section 64-12, entitled "Animals Constituting Nuisances" reads as follows:

It is unlawful for any person to keep or maintain any animal in such a manner as to cause...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Is an inoperative Byrna Launcher a dangerous weapon in Maryland?

I am facing charges of 2nd-degree assault, and two other charges related to a "dangerous weapon." I showed a Byrna Launcher to a would-be attacker, but I never aimed it at the individual, and it was inoperative with an empty or missing gas cartridge. Under Maryland law, is an inoperative... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

It can be, but it depends on the exact charges, which you do not identify. However, you are charged with a criminal offense, and you should not be asking questions on a public forum like this accessible by law enforcement, especially with details that can easily be used to identify you (like 2d... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How to obtain documents for criminal case CT081026X in Prince George's County?

I need assistance in obtaining all documents related to a criminal case with the case number CT081026X filed in Prince George's County. What are the steps to request these documents, and are there any specific requirements I should be aware of?

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

All court files are public and may be copied by anyone, unless a court order directs that all or part of the case file be sealed from public view. Some documents containing personally identifiable information and financial account numbers are redacted or sealed, and all criminal juvenile cases are... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I expunge a minor firearm possession record in MD to own a firearm?

I was charged with the minor in possession of a firearm in Maryland and entered a plea agreement which resulted in a 9-month sentence. This incident occurred 8 years ago, and I have had no more legal incidents since then. I would like to know if I can have this record expunged in order to legally... View More

Scott Scherr
Scott Scherr
answered on Mar 5, 2025

It depends whether you received probation before judgment and the exact charge. If you received probation before judgment, it can be expunged now. If the conviction stood, then you would need to review the list of convictions that can be expunged or speak with an attorney.

1 Answer | Asked in Car Accidents, Criminal Law, Insurance Bad Faith and Personal Injury for Maryland on
Q: Can I press charges against a drunk driver who hit my car?

I was involved in an accident with a drunk driver who hit my car. Although he has insurance, he has been dodging calls from his insurance company for months. He is currently in jail for hitting another driver's car and injuring them. I have filed a police report, have pictures, a video of the... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

A Maryland criminal law attorney could advise best on the issue of charges, but regarding the civil issues in your questions, it's possible the other driver is not able to respond due to incarceration. The carrier should still manage to process the claim and advise on their position. You... View More

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Do I need a lawyer to retrieve property after arrest in Maryland?

I was arrested and my money and jewelry were taken. Charges were filed against me, but I haven’t received any documentation from the court or police regarding the seizure or retention of my property. There hasn’t been a specific reason given for withholding my property. Do I need a lawyer to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

All property seized pursuant to arrest or a warrant can be recovered not later than after all criminal charges are resolved, but to the extent the property is deemed to be evidence that supports the charges against you, than you cannot get that property back before the charges are all resolved, and... View More

2 Answers | Asked in Criminal Law, Identity Theft and White Collar Crime for Maryland on
Q: Arrest for fraud without prior knowledge; not read rights.

I was arrested by Baltimore County police due to a warrant from Anne Arundel County on November 16, 2024. I was unaware of the warrant until I was stopped by the police while driving for Uber. Apparently, a ride I completed, which involved picking up and dropping off an envelope, was related to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

The only penalty for not being read your Miranda rights is the suppression of any admissions you made during your custody so they would be disallowed as evidence against you at trial. Since you were not questioned, the failure to advise you of your right to remain silent and right to have counsel... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Cjis code 3-2400 Statute Code: 27.342 x theft 300 plus value in 1997 - closed 2001. Can you explain

I did 60 days on 90

Scott Scherr
Scott Scherr
answered on Jan 28, 2025

You may be eligible to get your record expunged and you should speak with an attorney. In 1997, theft over $300.00 was a felony. The amount for the felony charge has since been increased. It sounds like you were charged in 1997 and your probation ended in 2001. Article 27, Section 342 in the old... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements

In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements associated with the stet and filed a motion to change my stet disposition to nolle prosequi. My question is: do I need to file a separate motion to expunge this charge from my record,... View More

Scott Scherr
Scott Scherr
answered on Jan 27, 2025

You can get is expunged (without filing a motion to change the entry to a nolle prossequi) by filing a Petition for Expungement. The form is online. You are entitled to expungement three years from the entry of the stet.

You have no authority to reopen a stet to enter a nolle prossequi....
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1 Answer | Asked in Criminal Law for Maryland on
Q: I need the Annotated Code for Correctional Services,Rule 3-703 for ( Concurrent sentence in foreign jurisdiction )
Mark Oakley
Mark Oakley
answered on Jan 10, 2025

MD Code, Correctional Services, § 3-703 Concurrent sentence in foreign jurisdiction

"Notwithstanding any other provision of this subtitle, an incarcerated individual who serves a concurrent Maryland sentence in a foreign jurisdiction may be allowed diminution credits under this...
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2 Answers | Asked in Criminal Law for Maryland on
Q: How should i answer questions regarding my felony history?

I was found guilty of a felony in Baltimore Co, Md. Once I satisfied my probation/restitution requirements, my judgement was reduced to a PBJ. When applying for an electrical apprentice license in Md, I was asked if I have committed any local/state infractions, and if so to list/explain them. Do I... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

They will perform a background check and it will come up. Therefore, if you do not disclose it, they will treat your answer as either false or misleading, and that kind of dishonesty will likely sink your application. They care more about being honest than they do about an old criminal case where... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: If I have a few district and circuit corrupt cases all pbj or stet can I file forms of expungement on all of them at onc

Can I fill out a form for each at the respective courts the cases were held. Some are modifications some original. Last case was 2015 and modified felony to pbj in 2/2021

Scott Scherr
Scott Scherr
answered on Dec 27, 2024

You need to file a seperate Petition for Expungement for each case and file each one in the appropriate court. You can file them all on the same day so long as each one is eligible.

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