Promised early expungement, but new States Attorney doesn't want to grant. Plea deal was reached in Harford Circuit Court, and all components of deal were met in full and on time with no additional problems.
If you can prove the terms of the plea deal to specifically include early expungement (which all the state can do is agree not to object to it, or consent to the request, because it is up to the judge to grant such a request), then yes, you can enforce the plea agreement and block the State from...Read more »
Maryland's statutes mostly appear in separate "Articles" divided by subject matter, and because your matter involves conduct or alleged wrongdoing of a licensed realtor or other real estate professional, those statutory code sections are found in the Business Occupations and Professions Article,...Read more »
You will need a lawyer to research whether you can in this situation. Ordinarily a district court protective order may be appealed to the circuit court and is heard “de novo”, meaning you get a complete do-over. However, there is a general legal doctrine that holds that a litigant may not...Read more »
I have 3 kids and I’m just trying to better there lives I messed up an application 3 years ago but got a confession cause they said they were gonna try for felony and get my fiancé involved I have not plead guilty yet and also have a conviction from when I was 16 for terroristic threats I’m a... Read more »
Are you asking this question because you do not have a lawyer? You need to have a private conversation with your lawyer about this. It is impossible to know what you’re facing or what you should do without knowing all the facts. Talk with your lawyer or hire one. An offense at 16 years old should...Read more »
It has been a few months of garnishment, as I review the trial notes online there were several dispositions entered stating they were unable to reach defendant. I don't understand this because I have been in court and updated address info several times for other trials. The statue of limitations... Read more »
You may be too late to file a motion to vacate the judgment if you let a few months of wage garnishment pass before acting. There is a requirement that a party act diligently once they become aware to set aside a judgment that was entered without proper service. If you knew of the pending case...Read more »
I was found guilty in 2016 of CDs possession and the maximum penalty then was for years however I was sentenced last week and the sentencing guidelines were changed to 6 months in October of 2017 so my question is is there any case law or statute that says weather sentencing goes by date of guilt... Read more »
You are subject to the maximum sentence provided by the law as it was in effect on the date of the offense. The sentencing guidelines are not binding, and a judge is free to consider any mitigating or aggravating circumstances in arriving at the sentence.
This isn’t even close to the information a lawyer needs to appeal a case. If you are lucky, this is a de novo appeal from a district court decision. Regardless, there is no way around it: you need to pay for legal services, and you might want to start with a consult to determine whether you’ll...Read more »
My girlfriend was convicted in 2010 of theft (non-violent) and was sentenced to 1 year of work release (She would live at the jail, go to work, and then report back to the jail), and then served 5 years on probation.
She has since completed her probation with no trouble. Can her felony be... Read more »
The Maryland Public Service Commission recently approved electric rate increases to subsidize two offshore wind projects. In so doing it appears to have violated the Maryland Offshore Wind Act of 2013, which requires that a project must pass a cost-benefit test before the PSC can approve it. The... Read more »
1. Timing: You have 30 days to petition for judicial review pursuant to MD Rules R. 7-203.
2. Standing: Under MD Pub Util Code § 3-202, "a party or person in interest" can appeal. Federal law for FCC appeals construes similar language to require that the appellant/petitioner be a party to...Read more »
Who has jurisdiction over the Post Office if you're NOT a veteran? I tried MSPB for suspension for more than 14 days, but it was dismissed because I'm not preference eligible. DOL stated they CAN'T help, so did NLRB. I've done a EEO complaint 3 times and still nothing. I was refused reasonable... Read more »
Did you work for the Post Office? If you were a PO employee, you would be covered under the NLRB, EEOC, or the collective bargaining agreement (if you were in the bargaining unit). You raise more than one dispute here, e.g., suspension and EEOC complaint. Each are different areas and have time...Read more »
sentence is completely unjust considering it was a technical violation and he has no record prior to his 2nd degree assault from over a year ago and no criminal history since the probation was ordered. My issue is I can't find any resources regarding appeals, reviews, etc. for a VOP sentence. Are... Read more »
The problem is that a VOP is technically a civil proceeding. The sentence was already given out by the judge who then imposed it upon a preponderance of the evidence finding that the defendant violated probation. So the legal standard is different. Judges have wide latitude to impose the...Read more »
Post conviction relief is generally used if the appeal fails. It must be on a number of grounds such as new evidence surfacing like DNA or that your trial counsel failed to provide adequate assistance at trial. An appeal is what you are allowed to file if timely and depending on what court you are...Read more »
report/cititation the reason they stop your vehicle. b) if not is that grounds for dismissal at a motions hearing regardless of any citations issued. c) what would be a good up to date case to cite e.g., Maryland V. Pringle, 540 U.S. 366, 371 (2003), or is their a more recent case. In my case I was... Read more »
An officer doesn't have to state the reasons he stopped the vehicle in any citation. He observed something wrong and can flag you over. If he's going to arrest or search he needs probable cause. In stop and frisk, it's the frisk that is more probable cause related.The officer can ask someone to...Read more »
My uncle was stabbed and killed in the back 40 years ago. The man got off on self defense. Is there anyway to appeal or retry the case in court. I understand double jeporday, but I don't believe the full story was told with the recent discoveries I've made.
Double jeopardy prevents re-prosecuting a criminal case against someone, even if the full story was not told at the original trial. There are other legal doctrines that generally prevent the litigation of very old cases (although statute of limitations may not apply to certain acts like murder).
I was granted full custody yesterday there dad was gtanted visitation every other weekend if i appeal this today will i still have to let the kids go with him or can i say i have appealed the judges orders and let them stay home with me. Also if i do have to let them go if there dad is late picking... Read more »
Family law case we are both party to(I am the Plaintiff). I never received notice of his appeal, and I question the validity of him being given a de novo hearing since no criminal charges were sought or filed. Anyone that can help me? I was going to attempt pro se litigation, but the more I... Read more »
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