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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: My fiance has a 2nd degree Assault warrant from a year ago when I called the police. We are still together. What to do?

We still live happily together with no problems after. What should we do to get rid of the warrant

Mark Oakley
Mark Oakley answered on Dec 8, 2019

Hire a lawyer for your girlfriend because that’s the only way to deal with a warrant short of her simply walking into the police station and being arrested. Maybe the warrant can be recalled, maybe the prosecutor will drop the case if the lawyer can persuade them to, but regardless, she needs a... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Do you think an attorney can get these gun and amo charges dropped at the preliminary trail?

He ran from the police within 24 hrs after he was arrested they found a loaded handgun in the area he was running in and charged him with it. They say it is probable cause and that they slowed down the body cam footage and seen him extending his arm. He did throw weed they found under 10gm so they... Read more »

Mark Oakley
Mark Oakley answered on Nov 29, 2019

Obviously the time lapse between when they saw him running and when they found a gun in the vicinity, and merely “extending his arm”, is very weak evidence he is the one who threw the gun, but all the evidence would have to be reviewed and evaluated before any conclusions can be drawn. He needs... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Is a final domestic protection order a conviction?

Trying to find out if I qualify to purchase a firearm.

I was subject to a protective order, 6 years ago, in a petty domestic violence case, where I was not convicted of the assault but was still placed on a final protective order. It was never disclosed to me exactly when the order... Read more »

Mark Oakley
Mark Oakley answered on Nov 10, 2019

It is not a conviction, because it is not a criminal matter. It is a civil case order. It is not part of a criminal history record.

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1 Answer | Asked in Criminal Law for Maryland on
Q: October 2, police confiscated phone and have yet to get warrant as of today 10/22. Is there a way to get phone returned?
Mark Oakley
Mark Oakley answered on Oct 22, 2019

It depends. Were you arrested? Were you charged? What was the probable cause for seizing your cell phone? Have the police applied for a search warrant for your cell phone? If the police can articulate a basis to believe that the phone contains evidence of a crime, or evidence that will help... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: I need to know why is there a warrant out for me but nothing is on my case search. I just when to court in September.

I call the courts stated attorneys office and they don't see or have nothing

Gary Kollin
Gary Kollin answered on Oct 2, 2019

did you call motor vehicles who sent you the letter

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2 Answers | Asked in Criminal Law for Maryland on
Q: I have a open warrant but the court system don't show anything of such warrant

I received a letter from the Department of Motor vehicles stating that my License will be suspended because of this open warrant. I don't know anything about

Gary Kollin
Gary Kollin answered on Oct 2, 2019

Did you call?

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2 Answers | Asked in Criminal Law for Maryland on
Q: So, in Maryland, if a 10 year old is raped by a person 3 1/2 years older than her, that's not considered a crime?
Mark Oakley
Mark Oakley answered on Sep 25, 2019

Rape and sexual assault are always crimes regardless of age. Consensual sex involving a minor under 16 years of age is only rape or a sexual offense if the older participant is 4 years or more older than the minor. Consensual sex between minors within 4 years of age is not rape or a sexual offense.... Read more »

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1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: In Maryand, can I record meetings with a dozen of people (including myself) at Church?

The recording will be audio and video.

Do I need to get consents from all participants still? As we understand, the church meetings are not private conversations.

Please advise.

Mark Oakley
Mark Oakley answered on Sep 23, 2019

Simply announce to all who are present at the outset that the meeting will be video- and audio-taped. If there is a written notice that goes out to everyone who is invited to attend, consider stating that fact in the notice. Anyone who attends and remains is deemed to have consented. Otherwise,... Read more »

1 Answer | Asked in Constitutional Law and Criminal Law for Maryland on
Q: are retired us marshals still considered civil servants

If so then is this then a felony

Gary Kollin
Gary Kollin answered on Sep 22, 2019

What a felony?

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: What to do when I’m being threatened my life

My brother had threatened to kill me numerous times

Gary Kollin
Gary Kollin answered on Sep 14, 2019

Report it to tge authorities

1 Answer | Asked in Criminal Law for Maryland on
Q: Knowingly giving false accident report information and Maryland

I drive a pick up truck to transport vehicles on for work. After an accident, insurance got too expensive, so I put the insurance in my wifes name. I got in another accident recently and when police arrived, they asked who was driving. I panicked that only my wife is licensed to drive so i said it... Read more »

Mark Oakley
Mark Oakley answered on Sep 11, 2019

Hire a lawyer. Usually these citations can be negotiated with the prosecutor into a lesser offense or worked out before the judge so as to avoid jail and points, and even avoid a conviction.

2 Answers | Asked in Criminal Law for Maryland on
Q: Can my boyfriend be extradited back to Florida after being found innocent after his court date in Baltimore City?

Violation of Probation (first time)

Gary Kollin
Gary Kollin answered on Sep 5, 2019

Extradited because of or for what?

People are not found innocent. They are found not guilty

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1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: How to deal with harassment and abuse?

I have a friend of mine who's ”Babyfather” has been harassing her and their baby. Sending people to fight her and stalking her by creating new accounts on Facebook. She fled to Alabama to get away from everything but they keep harassing her.

William Jaksa
William Jaksa answered on Aug 21, 2019

First, document the harassment. I often provide clients was an agenda or calendar that has individual pages for each day. I have them document in that agenda exactly what happened on a specific date and keep a running log of it. Don't lie or exaggerate anything in that book, be as accurate as you... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What happens if I never knew I had a misdemeanor trespassing warrant from 2 years ago?? I was unaware.
Gary Kollin
Gary Kollin answered on Aug 21, 2019

You will have to resolve it now. You may have a constitutional post indictment speedy trial delay

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a distribution charge in Maryland be expunged from criminal records
Mark Oakley
Mark Oakley answered on Aug 15, 2019

Only if you were not convicted. A conviction for distributing CDS cannot be expunged. If you received a “probation before judgment” (PBJ) disposition, then you were not convicted and you would be eligible for expungement. Other dispositions, like nolle prosequi, or stet, would also be... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If a warrant was issued for an arrest, do the police have to provide you with the warrant and/or inform you why you're a

If a warrant was issued for an arrest, do the police have to provide you with the warrant and/or inform you why you're arrested

Mark Oakley
Mark Oakley answered on Aug 7, 2019

Once they serve you with the warrant, you’ll receive a copy of the warrant and statement of charges (or indictment if charged that way). That will tell you all you need to know. If you know a warrant has been issued for you, hire counsel now. They can call to find out the details and arrange a... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: If a person's license has been suspended due to an unpaid fine and the person is pulled over can they be arrested?

Essentially my question is, is driving with a suspended an arrestable offense if the drivers license is suspended due to an unpaid fine?

Mark Oakley
Mark Oakley answered on Aug 5, 2019

Not if the officer correctly identifies the reason for the suspension. Suspended for unpaid tickets is not a jailable offense. However, they don’t always confirm the correct reason, and if you’re cited for the more serious version, you could be arrested (although ordinarily you’d just be... Read more »

1 Answer | Asked in Criminal Law, Personal Injury, Civil Litigation and Civil Rights for Maryland on
Q: If I was detained for 8 months for a crime I didn’t do, do I have a lawsuit chance?
Gary Kollin
Gary Kollin answered on Jul 30, 2019

Was there probable cause for your arrest? If so, regardless of outcome, you generally do not.

However, are you simply going to rely on an answer here?

Of course not. So why have you not been contacting attorneys directly?

1 Answer | Asked in Criminal Law and Communications Law for Maryland on
Q: Can my boyfriend's parents put a restraining order against me for dating there son a being gay

There really homophobic and i never did a thing to them

Mark Oakley
Mark Oakley answered on Jul 20, 2019

Unless you’re 4 or more years older than your boyfriend, and he’s 15 or younger, then no, they cannot get a restraining order under the law.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: family member currently in custody 90 days now for a violation of parole & probation. how can we get a writ served?

this violation is based on a new arrest. The probation warrant came from judge in PG County & his current lawyer isn't much help at all.

Mark Oakley
Mark Oakley answered on Jul 13, 2019

He is as on parole and probation as well? If he was on parole (early conditional release from a prison sentence) and he was re-arrested on a new charge, parole is automatically revoked and he returns to prison to serve his existing sentence. Release on bond in that situation is rare. Even if he was... Read more »

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