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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: Can I cancel charges when there's already a court date against someone.
Mark Oakley
Mark Oakley answered on Jan 15, 2022

I assume you are the complaining witness who filed the charges, or the victim whom the police spoke with before arresting the defendant? The answer is, NO, you do not have the power or authority to stop the prosecution. You are now merely a witness in support of the State's case against the... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: do I have to go to my preliminary trial?

My lawyer is saying the state's attorney is reducing my charges. He is saying I do not have to go to my preliminary hearing now. He said the State’s attorney’s office said we should not go – which is the usual course of action when there is a reduction. I just wanted to make sure this is... Read more »

Lee Eidelberg
Lee Eidelberg answered on Jan 13, 2022

You were not scheduled for a preliminary trial. You were scheduling for a preliminary hearing to determine if probable cause existed to charge you with a felony, presumably 1st degree assault. The State evidently determined that insufficient evidence existed for the felony count and the formal... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If the police take me and my vehicle into custody how long do they have charge me with whatever is in that?

I had a warrant for my arrest. When they found me they took me and the car. They claim they found a weapon and drugs in the car when there was me and 2 others in the car. It’s been 4 months and they now trying ti charge me and haven’t questioned no one else in the car if it was there’s and I... Read more »

Mark Oakley
Mark Oakley answered on Jan 12, 2022

There’s no statute of limitations for most crimes that carry jail. So there’s no time deadline. You need a lawyer. You should not post any more details or facts on this or any other public forum.

2 Answers | Asked in Criminal Law for Maryland on
Q: Can you be indicted twice on the same offense?

They served me today and then yesterday served me again for the same charges and added more. So now I have 3 cases open and they all have the same charges with some extra charges or different charges with it?

Scott Scherr
Scott Scherr answered on Jan 13, 2022

Mr. Oakley is correct. If they were separate incidents, then you can be charged for multiple charges. For example, if you are accused of a theft scheme where you stole from several people or stole from one person on several occasions, each theft is a separate crime. If the charges are for the exact... Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: Someone had a trial for 5 days and one of the days transcripts are missing what could possibly happen next or be done?

This is year 5 that they have served, this is in the state of Maryland, they did appeal but are unable to fight case because parts of the transcripts are missing, the charges are murder, attempt murder, armed robbery etc, little to no evidence, no line up was done,

Mark Oakley
Mark Oakley answered on Jan 4, 2022

Impossible to ascertain from your post what, if any, basis there would be to change the result after 5 years, a (completed?) appeal, and unknown circumstances and relevance of the missing day's transcript. A lawyer would have to review the entire case file, talk to trial and appellate counsel... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland, if someone goes to work while knowingly having Covid-19, is there anything they can be charged with?
Mark Oakley
Mark Oakley answered on Jan 3, 2022

In theory, yes, a person can be prosecuted. Such prosecutions are rare, and likely depend on circumstances of an intentional and egregious character.

Maryland Health-General Code § 18-601. Exposure of other individuals -- By infected individual generally

(a) Prohibited act. -- An...
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2 Answers | Asked in Criminal Law for Maryland on
Q: My cousin wrote a check from my account. Now the bank wants me to sign a paper stating fraud. What IF I don’t sign???

Here is the issue, he paid it back. So if I don’t sign will the bank take over and charge him.

Mark Oakley
Mark Oakley answered on Dec 29, 2021

You will be liable for the payment of funds out of your account in the amount of the check, and for any overdraft and return item fees if there were insufficient funds in the account to cover the check. If you are claiming your brother stole your check or forged your name or otherwise stole or... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: I'm charged with all misdemeanors traffic stuff and simple poss. Of cds not marj. But yet my case is in circuit Court

With no indictment or it being forwarded there by district Court I'm not understanding how it doesn't seem right

Eric Todd Kirk
Eric Todd Kirk answered on Dec 29, 2021

Grand jury proceedings are secret. You may not, and frankly likely would not, be aware of an indictment. In a typical scenario, if the case began in the district court and was set for a preliminary hearing, the indictment would be revealed and read into the record. There are other less common... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: If a officer wrote report stating he got drugs out car but than the chain of custody states they got it off me its wrong

Wouldn't this be defect in chain of custody

Scott Scherr
Scott Scherr answered on Dec 28, 2021

You are pointing out inconsistencies between what the police officer stated in the Statement of Charges and what is written in the chain of custody document. Whether these inconsistencies can be used by you depends upon whether it impacts any issue or defense in the case. It does automatically... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: How can my son get home detention based on he has severe asthma and was exposed to covid in jail

Son serving a 6 mother sentence on non violent crime, trying to get him on home detention due to the rise in covid cases

Scott Scherr
Scott Scherr answered on Dec 27, 2021

Your son's lawyer would have to file a motion to modify the sentence to ask the court to allow home detention. A motion to modify must be filed within 90 days.

Q: Hello, I need to write an acknowledgement to the state of Maryland courts. I am not contesting to the charges

Of second degree assault against my finance. We both have one charge each against each other and didn't want to press charges but state automatically picked it up. I need to make sure I am writing the correct document that I need to have notarized and gives you the state's attorney

Mark Oakley
Mark Oakley answered on Dec 25, 2021

Stop. Do not do whatever it is you are thinking of doing. Hire a criminal defense attorney before you do something truly foolish and irreversibly ruin your record and damage your career and prospects.

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1 Answer | Asked in Criminal Law, Constitutional Law and Juvenile Law for Maryland on
Q: Can I build a handgun at 17 for hunting in maryland?
Mark Oakley
Mark Oakley answered on Dec 25, 2021

(1) A 17 year old cannot legally possess a handgun in the State of Mayland. You must be 21 or older to possess a handgun.

(2) A handgun is not used for "hunting" -- at least, nobody with any common sense or knowledge of hunting would accept the argument that your possession and...
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2 Answers | Asked in Criminal Law for Maryland on
Q: Hi so my significant other has a ongoing theft criminal case and ended up filing a criminal order at me

but I’m not sure why is it any reason that it could be put on me if I haven’t done anything or reason of why for the sake of the case she has going on?

Mark Oakley
Mark Oakley answered on Dec 11, 2021

Impossible to read the mind of another person and divine their thoughts or purposes. Why people do the things they do is not really knowable in the absence of clear explanations from those people. If you are accused and charged with a criminal offense, then you need to defend the charges or face... Read more »

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1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and White Collar Crime for Maryland on
Q: can you file criminal charges against a police officer for false arrest - - false imprisonment

can you file criminal charges against a police officer for false arrest - - false imprisonment

Matthew J. Bronson
Matthew J. Bronson answered on Dec 10, 2021

Theoretically you could file criminal charges for a false arrest, but it would be a long uphill battle to show an Officer intentionally made a false arrest resulting in malfeasance or misfeasance. If you believe the Officer had no reasonable grounds to place you under arrest, you should seek... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: How can I get court records for free

Cause I want to know is my boyfriend lying to me

Matthew J. Bronson
Matthew J. Bronson answered on Dec 9, 2021

To obtain actual court records you would need to go to The Clerk of the Court and pay for copies to be printed, which is fairly inexpensive depending on the number of pages copied. Otherwise you can look up cases by party name or case number online at casesearch.courts.state.md.us/

This...
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1 Answer | Asked in Criminal Law for Maryland on
Q: If an adult New Jersey college student provides alcohol to a minor at a party, what is the likely legal penalty?

First time offense

Mark Oakley
Mark Oakley answered on Dec 5, 2021

It can depend on whether there are aggravating circumstances (someone injured/died/ended up in hospital), but just underage drinking and the older student being the one buying the alcohol, if in PG county and everyone is a student, chances seem good a lawyer can negotiate some sort of diversion... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: How do you request evaluation pursuant to 8-505? What are the mandatory/standard elements of the motion that is required
Scott Scherr
Scott Scherr answered on Dec 1, 2021

It is best if a private attorney or the Public Defender files the 8-505 motion. Most of these are filed by the Public Defender's office and they should represent anyone who is incarcerated. Among other things, the Defendant will need to request to be evaluated through the Department of Health... Read more »

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2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: MD Cts & Jud Pro Code § 5-103 (2019) Government land

Government land (It Doesn't Have To Be Obvious Of Abandonment) If Government land Was Sold To Another Government Department It Was Obvious Of Abandonment It Was Obvious Of Abandonment Before And And After After It Was Sold/Transfer To The Other Government Department. Can That Land Be Adverse... Read more »

Richard Sternberg
Richard Sternberg answered on Nov 28, 2021

Government land isn’t subject to adverse possession.

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1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Do You Have To Have A Claim Of Right Notarized In Maryland

Do You Have To Have A Clim Of Right Notarized In Maryland

Mark Oakley
Mark Oakley answered on Nov 26, 2021

The only "claim of right" I am aware of as far as that specific phrase goes has to do with income taxes. Maryland has issued an administrative release that details the process. Here is the link:... Read more »

2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: I Have A Wrongful Detainer Case I Filed A Motion - - Motion Of Reconsideration

I Have A Wrongful Detainer Case I Filed A Motion - - Motion Of Reconsideration The Motion Says Not Ruled On Judgment In Favor Of Plaintiff The Motion Of Reconsideration Say No Legal Bases Gavin For The Motion Of Reconsideration .... Of Both Motions I Put (MD Cts & Jud Pro Code § 5-103 (2019)... Read more »

Daniel Staeven
Daniel Staeven answered on Nov 17, 2021

While you may have cited the correct code section dealing with reconsideration motions, the Judge does not have to find for you just because of that code section cite. You must provide a legal basis with additional facts to show the judge that the initial ruling was wrong.

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