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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: I live in Maryland and was scammed by someone from Texas. I have his residential address. Once I file police report with

local law enforcement, what else can I do? The amount is over $5000.

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

You can file a civil suit in Maryland, or in Texas. Getting a judgment awarded is one thing; collecting it is another. If the scammer is in Texas, you will almost certainly have to enforce the judgment in Texas if that is where he has his assets. In a criminal proceeding, the judge can order... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a person physically in North Dakota record a conversation with a person physically in Maryland without consent?

This was a private setting. Recording was not made visible or acknowledged.

Mark Oakley
Mark Oakley
answered on Nov 21, 2022

While Maryland is a two-consent state for recorded conversation (requiring the affirmative knowing consent of both/all participants to the recording), other states ony require the consent of one party to the converation. You will have to ask a lawyer licensed in North Dakota what the law is in... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: I'm trying to see if I can get an expungement for statute code 27.342 felony charge. this was 30 plus years ago

I have some charges I'm wanting to get expunges for and also will these expungements allow me to own a firearms?

Scott Scherr
Scott Scherr
answered on Nov 17, 2022

You may be able to get the theft charge expunged. It depends on whether you have subsequent criminal charges that cannot be expunged. You should speak with a lawyer.

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2 Answers | Asked in Criminal Law for Maryland on
Q: I'm trying to see if I can get an expungement for statute code 27.342 felony charge. this was 30 plus years ago

I have some charges I'm wanting to get expunges for and also will these expungements allow me to own a firearms?

Mark Oakley
Mark Oakley
answered on Nov 17, 2022

Yes. Effective October 1, 2018, Maryland amended its expungement statute to cover felony theft. However, the following preconditions apply: 15 years must have passed since the date of sentencing or completion of any sentence of jail, probation or parole (whichever is latest); AND you cannot have... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: is it lawful for prosecutor to dismiss assault charges without communicating with the victim? maryland law

I filed through a statement of complaint an assault charge Against my spouse whom admitted in writing that they assaulted me. The state prosecutor dismissed the assault charge without a hearing, without talking to me. I do know that the prosecutor communicated with my spouse and stated to my spouse... Read more »

Scott Scherr
Scott Scherr
answered on Nov 17, 2022

A prosecutor has complete discretion to decide whether to prosecute a case. They do not need the victim's permission or consent.

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2 Answers | Asked in Criminal Law for Maryland on
Q: is it lawful for prosecutor to dismiss assault charges without communicating with the victim? maryland law

I filed through a statement of complaint an assault charge Against my spouse whom admitted in writing that they assaulted me. The state prosecutor dismissed the assault charge without a hearing, without talking to me. I do know that the prosecutor communicated with my spouse and stated to my spouse... Read more »

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Nov 17, 2022

Criminal matters are prosecuted on behalf of the People of the State of Maryland by the office of the State's Attorney. The victim's wishes are one consideration among many that the assigned prosecutor will consider, but are not determinative.

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2 Answers | Asked in Criminal Law and White Collar Crime for Maryland on
Q: Why would my codependent get plea for misdemeanor and I’m getting a felony

So we both have a plea offer for conspiracy and theft by false pretense he’s been offer a misdemeanor and I’m being offer felony’s why would we be offer different types of pleas for same charges should I take that plea or fight for misdemeanors I didn’t talk to cops but he did and he took more

Scott Scherr
Scott Scherr
answered on Nov 3, 2022

None of us can answer that question since we do not know anything about the case. You should discuss this with your lawyer.

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2 Answers | Asked in Criminal Law for Maryland on
Q: What does Open / Inactive mean on Maryland Case Search?

A warrant was issues 2018

Eric Todd Kirk
Eric Todd Kirk PRO label
answered on Oct 25, 2022

Likely that the case is open because there is a warrant, but no activity because it has not been served. It will be active again once the target is arrested.

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2 Answers | Asked in Criminal Law for Maryland on
Q: What does it meant when a defendant is sentenced to returned statute of limitations for deposit account fraud?
Scott Scherr
Scott Scherr
answered on Oct 25, 2022

The question cannot be answered. The statute of limitations is a time deadline to file a civil lawsuit or criminal charges. It has nothing to do with sentencing. You can contact an attorney to provide more information to get an answer to your question.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Have a bench warrant for failure to appear Jul 29 2022 for a ticket of driving on suspended license.

Filed a motion to recall and reschedule court date and motion was denied. What do i do next?

Scott Scherr
Scott Scherr
answered on Oct 24, 2022

You should hire an attorney to file a motion to recall the warrant. It is more likely to be granted if filed by an attorney since it shows you are serious about the case. Make sure you get your license reinstated as well.

2 Answers | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: Have a bench warrant for failure to appear for traffic violation on July 29 2022. Didn’t know about the court date.

The ticket was for driving on suspended liscence after I called dmv they say my liscense wasn’t suspended

Mark Oakley
Mark Oakley
answered on Oct 23, 2022

Hire a lawyer to file a motion to recall the bench warrant and reschedule the trial. Get a printout of your driving record. Give it to your lawyer.

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2 Answers | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: I got a citation for driving an uninsured vehicle Sunday and have a must appear within 5 business days and need a lawyer
Scott Scherr
Scott Scherr
answered on Oct 18, 2022

Contact an attorney right away. This offense carries possible jail time and points. If you have a good driving record, jail is unlikely and an attorney should be able to keep the points off your record. You should also get your car insured before court which will make a big difference.

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Hi yes my question is If I was charged with second degree assault and my victim doesn't want to proceed what can i/ they

What can they do to get it thrown out before court

Scott Scherr
Scott Scherr
answered on Oct 14, 2022

Unfortunately, the victim has no control over criminal charges. Only the State's Attorney can drop the charges. The victim can tell the State's Attorney they would like the charges to be dropped, but the State often will pursue the claim anyway.

You should retain counsel to...
Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: An investigator for the state came to my job questioned me. Threatened my job and child if I didn’t go to court

I was not involved in trial I was subpoenaed to. Investigator told me if I didn’t show and tell them what they want to hear he would personally arrest me at work and my child would be without me. I’m now paranoid and anxious because of this harassment. I showed up and they didn’t even need... Read more »

Scott Scherr
Scott Scherr
answered on Oct 6, 2022

If you have been subpoenaed to court, you must appear, testify, and tell the truth. Otherwise, the judge can find you in contempt. It is possible the judge can delay the trial and have the police bring you to court to honor the subpoena.

3 Answers | Asked in Criminal Law for Maryland on
Q: If someone goes in through a window that is already open and then leaves 5 minutes later without stealing

Nobody was hurt or threatened nor was there intent to commit any crimes

Mark Oakley
Mark Oakley
answered on Sep 29, 2022

That is the crime of breaking and entering.

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1 Answer | Asked in Criminal Law for Maryland on
Q: My bf is being held in pa prison due to interstate detainers from md. Who do I contact in md to get him picked up on

These detainers so he doesn’t have to sit longer and can be released

Mark Oakley
Mark Oakley
answered on Sep 28, 2022

Maryland has already been informed. The Maryland jurisdiction that wants him has to arrange to send officers to go pick him up. The time can vary based on jurisdiction, available officers, distance to travel, etc. Week to two weeks perhaps. A Maryland attorney retained to represent your... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If I have a gun charge am I eligible?
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Eligible for what?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maryland on
Q: I need to find a lawyer for my boyfriend who is being held unlawfully in jail and his 8th Amendment is being violated
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Anyone in jail can probably use a lawyer. 8th Amendment refers to the Constitutional prohibition against cruel and unusual punishment. That Amendment is rarely found to apply to most circumstances. You will need to be very specific about what is cruel and unusual in order to evaluate whether there... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If the prosecutor missing something out your discovery, can that get your case drop and do you no about the hick law
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Unlikely. If the prosecution fails to disclose something they may be precluded from using it at trial, or they may be compelled to produce it, and the defendant may have grounds to request a postponement to prepare their case based on its late production, or a new trial might be ordered if the... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: I wanted to know how do I file a lawsuit against a jail that is holding someone unlawfully

My boyfriend has been in jail since March and his 8th amendment is being violated

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

Your boyfriend should hire counsel or contact the Public Defender to see if anything can be done to procure his release such as filing for a writ of habeas corpus. You cannot file a lawsuit on his behalf. Only an attorney can file on behalf of another individual.

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