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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: If the firearm have been lost in a year old firearms case in Baltimore City, should the case be dismissed?

The charges are…..

1. LOADED HANDGUN IN VEHICLE

2. LOADED HANDGUN ON PERSON

3. HANDGUN IN VEHICLE

4. HANDGUN ON PERSON

There were 3 people in the car and the handguns were in the vehicle, but they were not found on the person who they actually belonged to.

Mark Oakley
Mark Oakley
answered on Mar 21, 2023

Depends on what other evidence there is in the case as to the presence and location of the guns, and the identification of the guns as real guns. Admissions in statements made by the defendants in the case may be sufficient together with officer testimony about the guns they found and seized. No... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: I have a felony hand charge and have been asked to submit my dna in maryland is this legal
Mark Oakley
Mark Oakley
answered on Mar 12, 2023

If the police have a warrant to obtain DNA, yes, and after you’ve been charged and arraigned, they can request a DNA sample as part of the discovery rules. Discuss this with your lawyer, or if you do not have one, get one.

1 Answer | Asked in Criminal Law for Maryland on
Q: My boyfriend was released from house arrest and awaiting trail but we see he have a warrant for his arrest

He awaiting Trail in may was released from house arrest on 2/10 but when we look his case up he have a warrant for his arrest but we don’t know why

Scott Scherr
Scott Scherr
answered on Mar 11, 2023

If the warrant is in the same case, then he should contact his attorney to see what is going on. There way for any of us to know.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can my son be placed on 60 days lock up for something while incarcerated and then be charged with the same offense when

My son received 60 days on lock up while incarcerated, for CON POSS/REC CDS WH CONF/DET. Once he is released can they charge him for the same thing, formally.

Mark Oakley
Mark Oakley
answered on Mar 6, 2023

Generally, administrative disciplinary actions taken against prisoners for misconduct and rules violations, and to maintain disciplinary order within the prison, are not deemed “punishment” for purposes of double jeopardy that would bar a subsequent criminal prosecution for the conduct that... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Need to find the conditions of a stet in allegany county maryland.

3 cases same defendant. I already looked up cases, they are closed, but I need the conditions for the stet. Need someone to find the conditions and relay them to me.

Mark Oakley
Mark Oakley
answered on Mar 3, 2023

You won't find them online, and most likely not in the court file back when paper records were kept. Any conditions would have been stated orally on the record, and recored by the defendant's attorney in their private client file and by the prosecutor in the State's file. If the... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: 2 weeks before my 3 year probation was up my PO violated me on a misdemeanor offense. I had no issues during my 3 year

Probation period. My PO then reopened a restitution and violated me for that. I wasn't aware of the warrant when I stood in front of a judge for traffic. Why didn't they pick me up on the warrant then? There are several holes in this whole situation.like commissioner releasing me on my... Read more »

Scott Scherr
Scott Scherr
answered on Feb 21, 2023

You should retain an attorney to represent you. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be scheduled for a VOP hearing. The attorney can then represent you at the hearing.

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1 Answer | Asked in Criminal Law for Maryland on
Q: What are the odds of me getting jail time for theft of $50,000?

I have an Arraignment Hearing next week & I am being accused of embezzlement of $50,000 I have never committed a crime this is my first offense. I live in Maryland. I wanted to know what’s the likely hood I will go to jail? & if I go to jail is it like a minimum security prison or is it... Read more »

Mark Oakley
Mark Oakley
answered on Feb 14, 2023

Impossible to say with any certainty. Jail is possible if not probable with such an amount, but probation or home confinement is also possible. If this is embezzlement from an employer of yours the risk is greater. The length of time of any jail sentence imposed could be served in a local detention... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If you get a PBJ for second degree assault, does this affect your suitability for Federal Armed contract security?
Scott Scherr
Scott Scherr
answered on Feb 14, 2023

A probation before judgment is not a conviction, but can show up on a background check. You should get it expunged as soon as you are eligible. You should answer all questions truthfully on the application. No one can tell you whether this will affect your ability to get the position.

1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: Do I need to go to court for a subpoena involving a peace order violation if I don’t want to proceed with the charges?

I had a peace order which since has been modified from no contact to no hostile contact which was violated because of a misunderstanding. I don’t want to move forward with any charges and have told the SA that but have still been subpoenaed. I was told by the defendants attorney that I don’t... Read more »

Scott Scherr
Scott Scherr
answered on Feb 14, 2023

If you are subpoenaed, you are required to come to court. It may be that if you do not show up, nothing will happen to you. However, the prosecutor can send the police to bring you to court or the judge can order the authorities to bring you to court. This may not happen a lot, but it does happen... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If you get a PBJ for a second degree assault in Md. is that a disqualifyer for a Md. handgun permit?
Scott Scherr
Scott Scherr
answered on Feb 10, 2023

If it was a crime of domestic violence, then the PBJ is a disqualifying act. If it was not domestic violence, then it is not a disqualifying act.

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for Maryland on
Q: How should we proceed with the search that looks like was unlawful and a violation of rights.

My son which is a black 21 year old male was recently arrested in Ocean City MD over the weekend 12/31/22 for what we can only see as him being profiled but we live in Virginia. He was told by the police officer that pulled him over that his license plates didn't match his car and that he... Read more »

Mark Oakley
Mark Oakley
answered on Feb 3, 2023

Your son needs a criminal defense lawyer. Either he/you can afford private counsel, or he needs to apply for the Public Defender in the county where the charges are pending. The lawyer will obtain all of the discovery and evidence from the State (including officer dash video and body camera video... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland, is the statute of limitations for a criminal misdemeanor trespass 1 year or 3 years?

Not quite clear from the statute which applies since trespassing could result in a 90 day sentence ...

§5–106.

(a) Except as provided by this section, § 1–303 of the Environment Article, and § 8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall... Read more »

Mark Oakley
Mark Oakley
answered on Feb 2, 2023

Any misdemeanor punishable by jail has no limitations for prosecution, unless the statute which charges the offense states that it does. Trespass has no limitations stated in the statute which makes it a crime. That does not mean a prosecutor would bring a stale charge long after it was committed... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: I was arrested for a hand gun charge but was found not guilty of the charge will that effect a job
Scott Scherr
Scott Scherr
answered on Feb 2, 2023

An acquittal of all charges should not affect your job. You should get your record expunged right away. Depending on your job, you may wish to get a true test copy of the disposition first.

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: if a contractor or company doesn't pay for services and rental of equipment can we file criminal case for theft of

services in Delaware, our home state.

Mark Oakley
Mark Oakley
answered on Jan 25, 2023

Theft typically requires an intent to steal and not pay as of the time the property is taken, so if equipment was obtained under a rental agreement from its lawful owner, without force and voluntarily provided to the contractor by agreement, then the owner of the equipment would have to prove that... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What are the consequences of destroying a hotel room? Broken mirror, broken picture, broken tv

Will the hotel charge money for the damages or will there be criminal charges pressed?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

There is a possibility that criminal charges will be filed for malicious destruction of property in addition to a claim for damages for the belongings destroyed. There is no way to be sure whether criminal charges will be filed.

2 Answers | Asked in Criminal Law for Maryland on
Q: CAN THIS TRESPASS LAW IN ART. SIX, SUBTITLE 4 APPLY TO THE VISITING FAMILY OF ASSISTED LIVING RESIDENTS

OWNER OF ALF CALLED POLICE WHO ISSUED A WRITTEN WARNING TO DAUGHTER OF A RESIDNET

Scott Scherr
Scott Scherr
answered on Jan 17, 2023

The owner of the property can issue a warning that someone is not allowed on the property. If she comes on the property, she can be charged with trespass. It does not matter that it is the daughter of a resident.

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1 Answer | Asked in Criminal Law for Maryland on
Q: I injured a person who was trying to enter forcefully into my apartment.

I am pregnant female and lives in an apartment complex. Someone tried to enter forcefully into my apartment and in self defence I injured him with a knife and called the police. He was arrested on scene and police told me that he is under the influence of drugs. Police took him to the hospital and... Read more »

Mark Oakley
Mark Oakley
answered on Jan 16, 2023

You are not being charged as far as I can tell. The subpoena is so you will come and testify on behalf of the State in their case to prove the intruder guilty of a crime. You are a witness (and victim) of the crime. You do not need a lawyer. The prosecutor will call you to the stand to tell the... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: I have a pending assault trial coming up. What does “request for check” mean as it’s the latest thing on the case search
Scott Scherr
Scott Scherr
answered on Jan 11, 2023

I have never seen that before. Check with your attorney. If you are not represented by counsel, you can call the Clerk's office to inquire.

It sounds like someone is requesting a check to make a payment for a service.

1 Answer | Asked in Criminal Law for Maryland on
Q: In Baltimore City when you ask for a Public Attorney how long should it take for one is provided for? Two months no P.A.

Son has been in Jail two months and no Public Attorney has come to see him yet.

Scott Scherr
Scott Scherr
answered on Jan 5, 2023

A Public Defender should enter his or her appearance for him promptly. He should reach out to the Public Defender's office. As far as when they come to see him, that is a different matter. They are extremely busy and I do not know how they decide when to visit their clients who are incarcerated.

1 Answer | Asked in Employment Law, Criminal Law and Libel & Slander for Maryland on
Q: My employer filed a false police report against me. How can i sue for defamation and slander?

I was fired from my job and my employer went to the police and filed a false police report that was slanderous and defamation of character. They also choose to not pay me for my last week of employment. The case is ongoing with the police. I gave them all the proof of my innocence.

Mark Oakley
Mark Oakley
answered on Jan 3, 2023

First things first: hire a criminal defense attorney and focus on defendin and winning the criminal case. Until you win that, and avoid a conviction and possible jail, you have no viable civil suit. If you beat the criminal case, then discuss possible civil claims against your employer, but not... Read more »

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