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Maryland Civil Rights Questions & Answers
1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Gov & Administrative Law for Maryland on
Q: under transportation article 26- 302

under M.D., transportation article 26- 302 if my tags are not on my car but park in front of my house can the officer toe my vehicle?

James L. Arrasmith
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answered on Jun 3, 2024

Under Maryland's transportation article 26-302, if your car is parked in front of your house without tags, an officer can tow it. The law allows for towing of vehicles that are not properly registered or do not display valid license plates, even if they are parked on a public street.... View More

1 Answer | Asked in Civil Rights for Maryland on
Q: I am in Baltimore, Maryland, and I was harassed by someone in California. Where should I file a civil harassment order?
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answered on Jun 3, 2024

When dealing with harassment, the location where you file a civil harassment order is crucial. Since the harassment occurred in California, you should file the civil harassment order there. California has specific courts that handle these types of orders.

In California, you can file the...
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1 Answer | Asked in Civil Rights, Constitutional Law and Civil Litigation for Maryland on
Q: Is falsifying police reports legal? What remedies exist for accountability?

My dui case was dropped but I still lost my license. The officer lied about EVERYTHING (video proof), e.g., said I was going 110 mph but I was doing 74 mph; lied saying I was disoriented, slurring my speech, & falling; lied about the blood profusely spilling out of my ear; & SO much more.... View More

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answered on May 1, 2024

Falsifying police reports is illegal, and officers who do so can face disciplinary actions and legal consequences. If an officer's dishonesty in a report leads to someone's harm or the mishandling of a case, this could be grounds for both civil and criminal penalties against the officer.... View More

1 Answer | Asked in Traffic Tickets, Civil Rights, Gov & Administrative Law and Municipal Law for Maryland on
Q: Mva said I can't renew my license without REAL ID. To me MD 16-122 says something different. Can you please clarify?

I have spoken with different people at MVA and no one can can give me a straight answer. I have told them repeatedly that 16-122 (ii) that states I am eligible for a Federally Non-Compliant drivers license. A contact told me RUDELY to look at case law Motor Vehicle Administration v. Geppert. That... View More

James L. Arrasmith
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answered on Apr 16, 2024

Based on the information you've provided, it seems there is some confusion and inconsistency in how the Maryland Vehicle Administration (MVA) is interpreting and applying the Real ID Act and relevant Maryland statutes. Let me try to clarify a few key points:

1. The federal REAL ID Act...
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1 Answer | Asked in Civil Rights, Personal Injury and Civil Litigation for Maryland on
Q: Would the legal concept, equitable tolling, be applicable to my case against police misconduct?

I was falsely arrested for a dui while having a medical emergency. The criminal case was dropped but my court date was 7 months after the arrest. Every lawyer I spoke to said in order to pursue this the case 1st needed to be dismissed/dropped/not guilty. Details: My ear was profusely bleeding &... View More

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answered on Apr 10, 2024

In your case, the concept of equitable tolling may be applicable. Equitable tolling is a legal principle that allows a court to extend the statute of limitations (the time limit for filing a lawsuit) in situations where extraordinary circumstances prevented a plaintiff from filing a claim within... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for Maryland on
Q: Can a convicted felon own a BB gun or air soft gun? I know a convicted felon can own

A black powder gun and bow and arrow so can a convicted felon own a BB gun in Maryland can someone please help

James L. Arrasmith
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answered on Apr 3, 2024

In Maryland, the legality of a convicted felon owning a BB gun or airsoft gun is not entirely clear, as these types of guns are not specifically addressed in Maryland's firearms laws. However, it's generally advisable for convicted felons to avoid possessing any type of gun, even if it is... View More

1 Answer | Asked in Civil Rights for Maryland on
Q: I was looking for blue book in reference to vehicles I'm some how have a citation?

I googled blue books for vehicles which is fair price on motor cars I don't understand since I do have a disability

James L. Arrasmith
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answered on Feb 24, 2024

It sounds like you may have inadvertently received a citation while searching for information on blue book values for vehicles. It's important to address the citation properly to avoid any potential consequences. Start by carefully reviewing the citation to understand what it's for and... View More

1 Answer | Asked in Civil Rights, Constitutional Law, Gov & Administrative Law and Municipal Law for Maryland on
Q: In Saint Marys county , MD ! I was pondering filing a case for numerous unlawful arrest and on many other violations j

I was incredibly traumatized when during my time in the jail I had a heart attack and by nurse and ekg test was performed and confirmed by the nurse and reported to the doctor on call and told her to take me back to my cell and that they were unable to take me to the emergency room because of my... View More

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answered on Feb 22, 2024

Based on the situation you have described, it does sound like you may have grounds to file a legal case regarding your treatment while incarcerated in St. Mary's county. Here are a few key things to consider:

- Unlawful Arrest Claims: If you were arrested repeatedly without probable...
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1 Answer | Asked in Civil Rights, Constitutional Law and Employment Law for Maryland on
Q: Can your job search your person and bags everyday before you can clock in? Does expectation of privacy go out the window
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answered on Feb 5, 2024

Employers may implement policies for searching employees' bags and persons as part of their efforts to protect company property, ensure workplace safety, or prevent theft. However, these searches should be conducted in a manner that respects employees' privacy rights and is consistent... View More

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Regarding detective leave card on my door

A detective left a card on my door and after I called back he said the police station department has been getting lots of harrasment annoying phone calls and traced back the phone numbers IP adress to my house.He said if they get any calls he will charge everyone inside my house with... View More

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answered on Feb 5, 2024

If a detective has contacted you regarding harassment calls traced back to your house's IP address, it's crucial to take this seriously while also understanding your rights. Legally, charging someone with harassment requires evidence that the individual intentionally participated in the... View More

1 Answer | Asked in Civil Rights and Education Law for Maryland on
Q: Can I sue if I was force into meetings to see a person who has been harassing me. When both times I said no.

I had a person follow me around at school alot and was making me uncomfortable. When I told someone about it they didn't tell me or ask for consent and force me into a meeting with him and I. The second time I cried and didn't want one. I was dealing with him saying awful things about me... View More

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answered on Jan 28, 2024

It sounds like you've been through a distressing situation. If you feel that your college's actions in forcing you into meetings with someone who was harassing you were inappropriate or harmful, you may have grounds to take legal action. This could potentially include a lawsuit for... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

Mark Oakley
Mark Oakley
answered on Jan 23, 2024

Pursuant to Maryland Rule 4-242(h):

(h) Withdrawal of Plea. At any time before sentencing, the court may permit a defendant to withdraw a plea of guilty, a conditional plea of guilty, or a plea of nolo contendere when the withdrawal serves the interest of justice. After the imposition of...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

James L. Arrasmith
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answered on Jan 23, 2024

If your brother feels he was coerced into making an Alford plea by his lawyer, it may be possible to seek new counsel and attempt to withdraw the plea. An Alford plea, where a defendant maintains their innocence but acknowledges that the prosecution's evidence would likely lead to a... View More

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1 Answer | Asked in Civil Litigation and Civil Rights for Maryland on
Q: Who do i need to contact if i believe law enforcement is conducting unlawful surveillance that's beyond harassment?

Hello,

For the last year, I've been followed by a ridiculous number of vehicles. It was about 20 at first but it has increased to 30+ vehicles. They circle the block of my home day and night; on vehicles and on foot. Even some of the neighbors are helping them out at this point.... View More

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answered on Jan 2, 2024

If you believe you are under unlawful surveillance by law enforcement in Maryland, you should consider contacting a civil rights attorney. An attorney can help you understand your rights and may provide legal options for addressing your concerns.

Additionally, you might reach out to the...
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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Can a minor be an acting lawyer in a civil rights case against the government?

Regarding religion, privacy, etc

James L. Arrasmith
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answered on Dec 29, 2023

In Maryland, as in all states, one must be licensed to practice law, and obtaining a license typically requires, among other things, a law degree and passing the bar exam. Minors, being under the age of 18, are generally not eligible to meet these requirements, as they cannot yet hold a... View More

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3 Answers | Asked in Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Can a minor be an acting lawyer in a civil rights case against the government?

Regarding religion, privacy, etc

T. Augustus Claus
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answered on Dec 28, 2023

In the United States, minors typically cannot act as lawyers in legal proceedings, including civil rights cases against the government. Legal representation typically requires individuals to be of adult age and have completed the necessary education and licensing requirements to practice law.

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.

I am trying to find out if these charges can be expunged in Maryland?

James L. Arrasmith
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answered on Dec 14, 2023

The process of expunging criminal records, especially for felony charges, varies significantly by state and the nature of the charges. In Maryland, the laws regarding expungement have specific criteria that must be met for a record to be eligible.

For charges related to Controlled Dangerous...
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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.

I am trying to find out if these charges can be expunged in Maryland?

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

Felony convictions of possession with intent to distribute are expungeable after a period of years, ranging from 3, 7 and 10 years after all terms of the sentence and probation are completed depending on the nature of the controlled substance (cannabis being in the shorter range) and the specific... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Maryland on
Q: What are the rules about having a lawful peaceful protest
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answered on Nov 12, 2023

In the United States, the right to peaceful protest is protected under the First Amendment.

However, this right is subject to certain restrictions to ensure public safety and order. Local laws may require permits for large gatherings or the use of public spaces like streets or parks....
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1 Answer | Asked in Personal Injury, Civil Rights, Constitutional Law and Education Law for Maryland on
Q: Can my sons school district be sued for violating his civil rights and false arrest along with deny him due process?

On 11/04 my son was playing in class and brush up against a girls bottom. He apologized because it was an accident. The girl told a counselor she felt uncomfortable . The counselor pulled him out of class 2 separate times and questioned him that day, him and the girl agreed it was an accident and... View More

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answered on Nov 8, 2023

If your son's rights have been violated through a false arrest and a denial of due process, it may be possible to bring a lawsuit against the school district. Schools have a responsibility to ensure due process before disciplining a student, and a failure to notify you could be seen as a... View More

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