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Maryland Appeals / Appellate Law Questions & Answers

Q: After you have fulfilled all parts of a plea agreement on time, does the state have the right to breach this deal?

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.

Mark Oakley answered on Jun 3, 2019

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 »

1 Answer | Asked in Appeals / Appellate Law for Maryland on

Q: I am trying to locate Circuit section 17-329, Business Occupation Article. It relates to filing an appeal to a DLLR Com

I am trying to file an appeal to a negative decision made by the MD Real Estate Commission from a Complaint that I filed. They refereed to 17-323(d)(3) and 17-329. Can you explain what this is?

Mark Oakley answered on Jan 10, 2019

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 »

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Domestic Violence for Maryland on

Q: Can I appeal at protective order

My lawyer was not prepared for my hearing and convinced me to concede but I don't think I should have

Mark Oakley answered on Oct 4, 2018

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 »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on

Q: Getting car sales licensein md and have not yet been convicted of insurance fraud is it even worth trying

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 »

Mark Oakley answered on Aug 14, 2018

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 »

1 Answer | Asked in Appeals / Appellate Law and Civil Litigation for Maryland on

Q: How do I file a motion or petition the court to order a stop garnishment from a creditor where I wasnt notified of trial

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 »

Mark Oakley answered on Aug 14, 2018

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 »

1 Answer | Asked in Appeals / Appellate Law and Bankruptcy for Maryland on

Q: How do I appeal a bankruptcy that undervalued assets, sold off the assets, and then dismissed the bankruptcy?

Beacon Power Corporation Case # 11-13450 (KJC) Now sold a second time as an extremely valuable asset.

Timothy Denison answered on Jul 8, 2018

File a notice of appeal in the bankruptcy court and pay the filing fee. That will perfect your appeal to the United States District Court in Maryland.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on

Q: I was found guilty of CDS poss in 2016 but sentenced after penilty changes

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 »

Mark Oakley answered on Apr 2, 2018

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.

2 Answers | Asked in Appeals / Appellate Law, Estate Planning and Probate for Maryland on

Q: need to write a brief to keep my house I am daughter of father am in his will - what authorities ? I am appealing errors

erroneously lawyer who is wrong and wants our money has rep -this I against fathers will I am appealing what authorities citations do I use in my appeal breif?

Richard Sternberg answered on Nov 30, 2017

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 »

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1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on

Q: If i was convicted of a mis. Poss of handgun then the charged was appealed,and granted and then got a pbj and expunged

Could i be eligible to get a gun license. And for dv or civil exparte that has been dismissed because of fta of the plantiff and then shielded?

Thomas Joseph Maronick Jr answered on Sep 18, 2017

Likely yes based on the expungement and you not having other disqualifying offenses

2 Answers | Asked in Criminal Law, Appeals / Appellate Law, Civil Litigation and White Collar Crime for Maryland on

Q: Felony Expungement

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 »

Eric Todd Kirk answered on Aug 16, 2017

Did she file a motion to modify within 90 days of her conviction? If so, and if that has not been ruled on, then yes, she may still have that opportunity.

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1 Answer | Asked in Appeals / Appellate Law, Energy, Oil and Gas and Gov & Administrative Law for Maryland on

Q: What are the time limits for seeking judicial review of an order issued by the Maryland Public Service Commission?

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 »

Glenn B. Manishin answered on Jul 14, 2017

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 »

1 Answer | Asked in Civil Litigation, Contracts, Employment Law and Appeals / Appellate Law for Maryland on

Q: Is it possible to sue the Post Office pro se?

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 »

June Marie Marshall answered on Jun 5, 2017

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 »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on

Q: My son was sentenced to 18 months for a first time technical VOP on Friday. Everyone that I have talked to has said the

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 »

Thomas Joseph Maronick Jr answered on May 26, 2017

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 »

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on

Q: Is postconviction relief the same as appealing a case.

Thomas Joseph Maronick Jr answered on May 25, 2017

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 »

Q: Does a police officer need probable cause to stop your vehicle. a) is yes, does the police have to state in their

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 »

Peter N. Munsing answered on Apr 3, 2017

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 »

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Maryland on

Q: I have a few questions, basically resolving on one certain incident. But basically is 40 years to long to re open a case

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.

Cedulie Renee Laumann answered on Jan 28, 2017

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).

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on

Q: I need a lawyer for my husband for an appeal? I don't have any money can someone help?

My husband was giving 27 months to 54 months consecutive 3 years probation. He would like to fight this.

Bennett James Wills answered on Nov 11, 2016

If your husband was convicted and can't afford private counsel on appeal then the public defender's office may be able to help. Call them.

1 Answer | Asked in Appeals / Appellate Law for Maryland on

Q: How many times can someone appeal before a judge says enough?

Robert Jason De Groot answered on Nov 11, 2015

That depends upon the facts, and you gave none

1 Answer | Asked in Appeals / Appellate Law for Maryland on

Q: The dad was granted visitation every other weekend if i apeal do i still have to let my kids go with him

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 »

Robert Jason De Groot answered on Nov 9, 2015

You needed an attorney back then, a good one who could explain the law to you.

2 Answers | Asked in Appeals / Appellate Law for Maryland on

Q: I am the appellee, pro se, in a Maryland district court Peace Order Case Appeal. The appeallant, is opposing lawyer in

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 »

Robert Jason De Groot answered on Oct 24, 2015

Whenever you need legal advice, you have to set an appointment with an attorney who handles that type of case.

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