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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: What are some things that judges take into consideration when deciding to give a defendant bail on criminal charges?
Mark Oakley
Mark Oakley answered on Nov 28, 2020

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 »

2 Answers | Asked in Criminal Law for Maryland on
Q: Is there a specific amount of time the State's Attorney can withhold evidence from the defendant?
Mark Oakley
Mark Oakley answered on Nov 28, 2020

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 »

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1 Answer | Asked in Criminal Law for Maryland on
Q: How long can the court Maryland court systems postpone a court date due to COVID-19?
Eric Todd Kirk
Eric Todd Kirk answered on Nov 24, 2020

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 »

1 Answer | Asked in Criminal Law for Maryland on
Q: My spouse was incarcerated at the end of February, prior to COVID-19 closing all courts. His lawyer requested a speedy

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 »

Eric Todd Kirk
Eric Todd Kirk answered on Nov 24, 2020

Yes -the state can postpone the trial due to a global pandemic.

You should consult closely with your chose lawyer on options in this situation.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a Maryland pbj be expunged after the probation if the probation is only a year with no violations?
Mark Oakley
Mark Oakley answered on Nov 16, 2020

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 »

1 Answer | Asked in Criminal Law for Maryland on
Q: if a syringe is found on my person, but never used..is that still considered as administering equipment

a traiffic stop and pulled over said they found and empty capsule and vile as well as a never used before needle

Mark Oakley
Mark Oakley answered on Nov 12, 2020

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 »

1 Answer | Asked in Criminal Law and Animal / Dog Law for Maryland on
Q: Hi I found an abandone puppy over 1 month ago no tags or nothing can they claim him after this long after being abandon

They abandone la his puppy for over 1 month and sudden they want the puppy back what should I do after I spend in vet care meds food and Carr for this puppy and no one claimed him this long

Mark Oakley
Mark Oakley answered on Nov 11, 2020

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 »

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Real Estate Law for Maryland on
Q: Can The Owner Of Land Call The Police / Unlawful Detainer Regarding Adverse Possession

Regarding Adverse Possession Or (Adverse Possession Squatting Rights And And Is Trespassing Loitering BNE Under Adverse Possession Or Squatting Rights

Mark Oakley
Mark Oakley answered on Nov 11, 2020

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 »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I move back to Minnesota from Maryland, even though I've been charged with second degree assault?

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.

Mark Oakley
Mark Oakley answered on Nov 4, 2020

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 »

2 Answers | Asked in Criminal Law for Maryland on
Q: Can I fight a no trespass notice?

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 »

Eric Todd Kirk
Eric Todd Kirk answered on Nov 1, 2020

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 »

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1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: What if I’m just masturbating in my car

Is it legal in Maryland? Especially if masturbation on the metro in Maryland is legal

Mark Oakley
Mark Oakley answered on Oct 19, 2020

It's a crime if anyone sees you. If charged, hire a lawyer. You do not want this on your record.

2 Answers | Asked in Criminal Law for Maryland on
Q: what if i receive a notice about obstruction of correspondence will i be fined or go to jail.
Mark Oakley
Mark Oakley answered on Sep 30, 2020

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 »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can my expunged records be use against me in another case in Maryland's courts?
Mark Oakley
Mark Oakley answered on Sep 30, 2020

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 »

2 Answers | Asked in Criminal Law for Maryland on
Q: Why am I being charged for defending myself in my own home?

I was attacked from behind in my own house. I tried using a knife to defend myself but before i could i was slammed to the ground and unconcious a few seconds. Why am i being charged?

Eric Todd Kirk
Eric Todd Kirk answered on Sep 29, 2020

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 »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Hi can anyone explain what pretrial division Correspondence means in terms of a habeas corpus?
Eric Todd Kirk
Eric Todd Kirk answered on Sep 22, 2020

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.

2 Answers | Asked in Criminal Law for Maryland on
Q: Would having someone else write an statement and you agree to what’s written...be perjury!

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?

Mark Oakley
Mark Oakley answered on Sep 18, 2020

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 »

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2 Answers | Asked in Criminal Law for Maryland on
Q: Is “Dangerous weapon-Intent/Injure a felony or misdemeanor charge?

CR.4.101.(c)(2) Is the statute

Mark Oakley
Mark Oakley answered on Sep 17, 2020

Misdemeanor, up to 3 years, $1,000 fine.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Hi is there anyone that can explain what it means on case search when the comments on a habeas corpus says district

Court cd received?

Eric Todd Kirk
Eric Todd Kirk answered on Sep 14, 2020

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 »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: I had a charge that I had plead guilty to which was about bank fraud received 5-6 mths house arrest over 7 years ago

Now I have a business need to carry because I handle money and bank drops alone I'm a lady leave alone my crime isn't violent why does this prevent me from getting my HQL

Eric Todd Kirk
Eric Todd Kirk answered on Sep 13, 2020

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 »

2 Answers | Asked in Criminal Law for Maryland on
Q: Its my first time in trouble and I got a change for destruction of property and its value is 1,000 and a mistamener
Mark Oakley
Mark Oakley answered on Sep 9, 2020

Hire a lawyer. There’s a good chance of working out a deal not only to avoid a conviction, but possibly getting the charges dropped in exchange for some community service hours.

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