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 »
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 »
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 »
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 »
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?
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 »
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,
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 »
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 »
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 »
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 »
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
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 »
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 »
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/
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 »
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 »
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 »
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 »
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 »
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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