Seriousness if the crime, whether it was a violent crime, if the crime was only a property crime or drug crime or a crime directed against a person, whether a weapon was used, if there were victims who suffered injuries, the defendant’s past criminal history, the strength of the evidence against...Read more »
The prosecutor has mandatory disclosure requirements without even being requested under the procedural rules, and then the defendant has the right to request other discovery under the rules. Both have time requirements for production of evidence. Any disclosures after those time deadlines are late,...Read more »
The COVID19/coronavirus pandemic has claimed some 260,000 American lives since February. Experts suggest this is a once in a lifetime health crisis of epic magnitude. I predict he courts will continue to adhere to the guidance of public health officials and the governor. There is no limit on the...Read more »
trial, however, due to the COVID-19, all court proceedings were postponed. Will the state of Maryland be able to postpone the court date again for the same reason? What if a jury trial was requested, but jurors are not allowed to attend? Are there any petitions or motions that his lawyer can file... Read more »
The expungement statute provides that you are absolutely entitled to expunge only after 3 years, but gives the court discretion to grant an expungement earlier for "good cause." So, you will need to file a motion setting forth good reasons why you should get the benefit of an expungement...Read more »
None of these items alone are illegal. There must be some basis to connect them to illegal drug use. Usually these offenses are supported by evidence of illegal drug residue or proximity to drugs. Chemical analysis is required to prove the residue or alleged drug substance is in fact illegal drugs....Read more »
The person claiming property was abandoned has the burden of proof to present evidence of abandonment and persuade the judge of that fact. Just because you find a puppy or any other item does not mean it was abandoned. It may have been mislaid, lost, or neglectfully left on its own, without any...Read more »
A person occupying or upon property they do not own and does not leave when asked, or returns after being told not to come on the land, is trespassing, and if that same person opens and enters any structure or building on the land, regardless of whether they were told not to be on the property, has...Read more »
I have been charged with second degree assault, and my roommate moved out of the apartment after the incident. I can no longer afford rent, and would like to move back to Minnesota. I have a court date on December 7th, but would like to move before then.
Unless there is a condition of your release on bond, assuming you were arrested, that requires you to remain in-state, there is no prohibition on your freedom to travel or relocate your residence. You still must appear for your trial and deal with this case. If you are found guilty and a period of...Read more »
I was stopped/detained at the grocery store store for concealing items and therefore shoplifting. The person who stopped me was in plain clothes and did not show me any id. I did cooperate, however my ID was in the car. They called the police, however before the police arrived I was allowed to... Read more »
It's difficult to envision the forum in which the no trespassing notice would be contested. Although you have not yet been charged it's conceivable criminal charges will be filed against you, and you could raise challenges to the lawfulness of the stop at that time. If you are charged...Read more »
18 U.S. Code § 1702. Obstruction of correspondence:
"Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the...Read more »
No. Maryland Criminal Procedure Code, Sections 10-108 and 10-109, prohibit disclosure of an expunged record or information from that record to another person without a court order. Violation of these sections is a criminal offense that carries up to one year in jail. For a public employee or...Read more »
It's unlikely that you would be charged based on the facts as you've described. I can't see that any crime was committed based on the information you provided. You didn't say what you were charged with. Was it related to the possession of the knife? I think it more likely that...Read more »
It's impossible to know the content of the communication or guess at its effect, but, Pretrial Release filed something with the court. If you are the defendant, presumably you got a copy. If not, you may need to check the court's file at the courthouse.
If my sons father has his wife complete the protective order for him statement and all and he signs it would I be able to get the order dismissed to perjury him saying he completed the form when it’s two different hand writings?
No. Who wrote the statement is not relevant. So long as he signed the petition and made oath or affirmation the the statements were true, the petition is not invalid. Of course, you can cross-examine him about those written statements not being his, and therefore represent his wife’s eye-witness...Read more »
The State of Maryland provides a free, and easily accessible database containing important information about civil and criminal cases, as well as data about liens. Most who use it regularly call it “case search”. Old school users may call it JIS. The official name is the Maryland Judiciary Case...Read more »
You'll need to check the requirements of the licensing authority. They may or may not be concerned as to whether or not an applicant has been convicted of a crime of violence. They may be more concerned with convictions relating to honesty and propensity to tell the truth. If this is a crime...Read more »
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