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Maryland Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law, DUI / DWI and Traffic Tickets for Maryland on
Q: What can be done to remove IID and fight back against the injustice of the police system? We live in MD.

We live in MD and my family was stopped for a routine traffic stop back in January. It was my husband, 14-yr old son, and I in the car with my hubbie driving. We were not far from home just coming from a quick dinner. As we were traveling downhill, we were followed then pulled over for speeding... Read more »

Mark Oakley
Mark Oakley
answered on Jun 25, 2022

It’s impossible to advise you based solely on these facts. Your husband needs a lawyer, and the best thing he can do is hire a good criminal defense lawyer. The lawyer will obtain all the discovery from the prosecutor and can better analyze the situation.

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1 Answer | Asked in Criminal Law for Maryland on
Q: What to do if someone steals your identity to break the law?

I have been a victim of identity theft as someone has stole my identity to break the law and avoid the police. The suspect was taken into custody, and now I have charges on my record. What do I do to resolve this and get the charges from appearing on my background? How do I get an expungement? The... Read more »

Scott Scherr
Scott Scherr
answered on Jun 24, 2022

You will need a Virginia attorney to help you with this since the charges were filed in Virginia. Contact an attorney in the town of Virginia where the occurrence took place.

1 Answer | Asked in Criminal Law for Maryland on
Q: After being held for 4 months, why would one codefendant be held and the otherbe released on recognizance in Maryland?
Mark Oakley
Mark Oakley
answered on Jun 21, 2022

Rather than expect a long list of hypothetical reasons, I suggest that you add more factual circumstances and context to your question, as it is impossible to answer that question in a vacuum. Release on bond is based on many factors having to do with the nature and seriousness of the charges, the... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: I need the best lawyer for an expungement for a 1993 B&E and numerous charges that followed it making it a felony

I was a senior in high school and unfortunately was 18 and charged with some charges that I need to have expunged. It’s been over 20 years but it’s still haunts me I have my masters now and would like to have it taken away from my background.

Mark Oakley
Mark Oakley
answered on Jun 17, 2022

Expungement is something the statute allows or disallows depending on the specific sections of the code your offense is charged under, so the skill of the lawyer plays little part, although a good lawyer can research your particular charges to confirm whether they are eligible for expungement.... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: my daughter has filed 2nd degree assualt charges on me about my granson

I have been accused of punching my grandson in the chest..

Scott Scherr
Scott Scherr
answered on Jun 13, 2022

Second degree assault carries up to 10 years in jail and a $2,500.00 fine. You should retain counsel to represent you or go to the Public Defender.

1 Answer | Asked in Criminal Law for Maryland on
Q: IN THE STATE OF MARYLAND IS 2ND DEGREE ESCAPE CONSIDERED A MISDEMEANOR OR FELONY

THIS WASNT A PHYSICAL ESCAPE, I WAS TO REPORT TO THE DENTION CENTER FOR NON PAYMENT OF CHILD SUPPORT OR FULLFILL A WORK SEARCH REQUIRMENT OR PAY 500 DOLLARS I THOUGHT I HAD FULLFILLED THE WORK SEARCH REQUIREMENT AND EVIDENTLY I DIDNT SO A ESCAPE CHARGE WAS FILLED AGAINST ME AND AFTER PAYING CHILD... Read more »

Mark Oakley
Mark Oakley
answered on Jun 12, 2022

Misdemeanor. Maximum penalty is 3 years and $5,000. Hire a lawyer.

1 Answer | Asked in Criminal Law for Maryland on
Q: if the prosecutor is offering 10 years and wants cooperation but the max is 10 for the charge do you think they have

Im taking it to trial

Mark Oakley
Mark Oakley
answered on Jun 11, 2022

Do they think they have ... what? Glad to hear you're confidently taking it to trial. Hopefully you have a good lawyer. If you have a question, you need to ask it. Preferably, you do it in a confidential setting with your lawyer. When you are facing 10 years in jail and a conviction and... Read more »

1 Answer | Asked in Criminal Law and Civil Litigation for Maryland on
Q: in the graham v. connor did the supreme court find in favor of graham or connor
Mark Oakley
Mark Oakley
answered on Jun 10, 2022

Graham.

1 Answer | Asked in Criminal Law for Maryland on
Q: I have a court date coming up but I was never served, can a warrant still be issued?

I applied for a public defender, and he called me telling me they plan to serve me in court and it will not be a trial. I am moving to another state the following day, and don’t want to continue going to court. Can I not show up? Will they have a warrant out for me?

Scott Scherr
Scott Scherr
answered on Jun 9, 2022

If you do not show up, the judge will issue a bench warrant for your arrest. You must appear in court. It would be a big mistake to fail to appear.

2 Answers | Asked in Criminal Law and Family Law for Maryland on
Q: What happens filing a protected order with the commissioner?
Scott Scherr
Scott Scherr
answered on Jun 6, 2022

The Commissioner will decide if there are sufficient grounds to enter an interim protective order. The case will then be scheduled for a temporary protective order in front of a judge. After taking testimony, the judge will decide if there are sufficient ground for a temporary protective order. If... Read more »

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3 Answers | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Can the police receive an anonymous tip than bring a dog to smell around a condo without a warrant, To get a warrant?
Eric Todd Kirk
Eric Todd Kirk
answered on Jun 3, 2022

4th Amendment law is one of the most fact-dependent areas of law known. It's not possible to answer your question on the information provided. Can police bring a dog into your unit without consent, a warrant or an exception? No. Can they have a dog in a public area/common area of a larger... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: is there something I can read to find out if the sentencing for possession with intent not marijuana has/will change?
Mark Oakley
Mark Oakley
answered on May 27, 2022

Judges in Maryland are like snowflakes: every judge is different in how they sentence, and take each defendant's particular circumstances into account (age, education, work and family history, past and pending criminal history, substance abuse history, how the defendant has acted or performed... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If a young male keeps asking an older lady for money what can be done?

She lives alone,he is 19 years old,he has gotten abt $500 from her. She felt intimidated once. I want to handle him.,but your answer may stop me from him and his dad. I told his dad, he said he is a grown man.....

Mark Oakley
Mark Oakley
answered on May 21, 2022

Call the police, have them investigate it as elder financial abuse. They can talk to him and scare him off. Of course, if he’s in your mother’s neighborhood then it may make things uncomfortable. If things escalate she can seek a protective order (peace order). If she has other neighbors... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Can you get in trouble for being with one another

It's a second degree assult case where my boyfriend and I were fighting police got involved and he got arrested the judge told him he wasn't allowed to contact me but I have contacted him can he get arrested if we get back together since I contacted him not vise versa

Mark Oakley
Mark Oakley
answered on May 17, 2022

Yes, he is violating a condition of his release on bond by having contact wth you. It does not matter that you are the one who initiated the contact. Of course, the police likely have no way to know about any contact, until the two of you get into another fight and police are called again, and... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: If fleeing from police on foot and officer is hit by a car is the suspect responsible and what charge would they face
Scott Scherr
Scott Scherr
answered on May 12, 2022

The suspect can face charges such as failing to obey a command from a police officer among other charges. I do not think that the suspect could be criminally responsible for another car striking the officer during the chase.

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1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Maryland on
Q: Does veterans status play in drugs charge with a side arm ( pistol) on the outcome?
Eric Todd Kirk
Eric Todd Kirk
answered on May 12, 2022

If you have been charged in Baltimore City, you should see if you are eligible for Veteran's Court.

1 Answer | Asked in Criminal Law and Employment Law for Maryland on
Q: federal ID application with a misdemeanor conviction (10 years ago)

Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges or convictions exist.

Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI... Read more »

Scott Scherr
Scott Scherr
answered on May 6, 2022

You will be eligible for expungement 15 years after the end of probation/parole which looks like it will be in 2024. If you received probation before judgment, it can be expungement now. They will definitely see the conviction in the background check. All you can do is be honest and disclose it and... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Maryland on
Q: CAC (federal) ID application with a misdemeanor conviction (10 years ago)

Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges convictions exist.

Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI (low... Read more »

Mark Oakley
Mark Oakley
answered on May 6, 2022

The FBI performs all criminal background checks for federal agencies, and they use the FBI's internal (non-public) database (which is different from the FBI nationwide database generally used by state and local law enforcement and private employer background checks). The distinction is... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: can you get a pbj back once it's taken from you

I pleaded guilty to a 2nd degree assault charge which resulted into a pbj but then a few years later I got another charge and my pbj was taken by the judge is there anyway I can get it back its not expundgeable without the pbj is it possible to appeal or go back to court

Scott Scherr
Scott Scherr
answered on May 1, 2022

From the date the judge reinstated the conviction, you have 30 days to appeal and 90 days to file a motion to modify your sentence.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is con obstruction of justice able to be expunged in Maryland if found guilty

It has been at least 5 years since I was found guilty and I received probation for it

Scott Scherr
Scott Scherr
answered on Apr 28, 2022

If you received probation before judgment, it can be expunged now. If you did not receive probation before judgment and were convicted, there is a 10 year waiting period from the end of parole or probation for obstructing or hindering. You may want to make sure you are eligible by discussing with... Read more »

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