If he has not had a bail review hearing, he can hire private counsel or contact the Public Defender to file a motion for a bail review. If that is denied and the case is in the District Court, he may be able to file a Petition for Habeas Corpus in the Circuit Court.
Unfortunately, the victim has no control over criminal charges. Only the State's Attorney can drop the charges. The victim can tell the State's Attorney they would like the charges to be dropped, but the State often will pursue the claim anyway.
Am I required to do so? I read a parental privilege rule, embodied in Sec 25, Rule 130 where no person may be compelled to testify against his children but since I wrote a statement I didn't know if the rule still applied.
There are two things that can be done. First, the Petitioner can file for a Protective Order. If the Commissioner finds that an Order of Protection should be granted, that an interim Order is passed. There is then an ex parte hearing before a judge within a day or two and the judge decides whether...Read more »
In April I went to court with my ex for him assaulting me. He took a plea deal and is serving 18 months. I noticed that he filed for a motion for reconsideration. Some context- he was already on probation for felony assault when he was charged with assaulting me. Before trial, he was MIA from his... Read more »
He may be seeking to reduce his sentence, or where he is serving the sentence (like a prerelease work facility) but what exactly he is seeking to modify can only be known by reading the motion. It is impossible to guess when or whether a judge would reconsider the sentence imposed after already...Read more »
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
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 »
My fiancé has an open case from a few months ago regarding a dispute between us. He had a no contact order in place, which we BOTH broke. He was arrested the other day and has had 2 bail hearing since then where he is being kept without bail, and commitment pending hearing. His public defender has... 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 »
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
Police but no charges..the officer called my PO and told her I was in contact with victim.. so my question is is this a technical since it was a condition on my probation also will the victim be at my hearing he only made a complaint he did not press any charges
It's not a "technical" violation, like failing to pay a monthly supervision fee, but a violation of a special term of probation. Whether the PO will be able to prove the violation without the victim present to testify is another matter. Repeating hearsay phone calls from a...Read more »
I have been on an Ankle Monitor since this whole thing started. On Tuesday of next week, it will be 90 days. The Maximum sentence for my charge is 90 Days. The Maryland Governor has lifted all the COVID restrictions. I still don't have a Court date. I'm filling a motion with the... Read more »
If you have money to pay a lawyer, a motion can be filed to modify the terms of bond. You have not been subjected to cruel and unusual punishment under the Constitution, nor double jeopardy. An argument can be made that the ankle monitor, if your freedom of free movement has been restricted, is the...Read more »
If you are married to the defendant, you can assert your spousal privilege not to testify against your souse. It must be asserted in person at court, and you must tell the prosecutor of your intentions, and they will have you state in open court before the judge that you are asserting the...Read more »
No, the prosecution must take place in the jurisdiction where the crime was committed, unless a change of venue is granted because pretrial publicity prevents the empanelment of a fair jury, or for some other compelling reason.
The State absolutely spends money on these cases. A first violation has a maximum of 90 days. There is a one-year sentence possible for subsequent violations. It's impossible to gauge how a trial may go without knowledge of the facts of the alleged violation. You should meet with a lawyer in a...Read more »
I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »
A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before...Read more »
You need to be served, one way or another. The judge can extend the interim PO until you are served, postponing the final hearing. If you are deemed to be actively evading service, a judge may make that determination and order service by alternative means and issue a final order, but that...Read more »
I was granted an interm and a temporary restraining order against my sister-in-law, but the final protective order was dismissed b/c all of my evidence came from my brother-in-law’s phone and he was not present at the hearing (he had given me copies of all of the texts and voicemails).
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