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Maryland Civil Rights Questions & Answers
2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I am attending a protest in June and need to know if my sign is protected speech or legally threatening.

I am making a cardboard guillotine and plan on having paper cut-outs of the heads of different politicians and billionaires and when I asked ChatGPT it said that the guillotine would be fine to make but when I include the paper heads of actual people, I could be getting into the threat territory... View More

Mark Oakley
Mark Oakley
answered on May 14, 2025

What you are describing woud be protected First Amendment free speech. Signs brought to political protests and rallies would be subject to heightened protections. The only scenario where a sign could lose First Amendment protections is where the sign was deemed to be a "true threat."... View More

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2 Answers | Asked in Traffic Tickets and Civil Rights for Maryland on
Q: Do I need to hand over my driver's license during a traffic stop in Maryland?

If I am pulled over in Maryland by the police, do I have to physically hand over my driver's license, or can I simply display it through the car window?

Lee Eidelberg
Lee Eidelberg
answered on May 5, 2025

The real question is why, provided there was an articulable basis for conducting the stop, you would be hesitant to provide the license? Regardless, the police take physical custody of your license to run your information through their on board computer to verify your identity, determine your... View More

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2 Answers | Asked in Civil Rights, Criminal Law and Personal Injury for Maryland on
Q: What are the legal consequences of a neighbor making verbal threats to harm me in Maryland?

I've been receiving numerous verbal threats from my neighbor, who has repeatedly threatened to knock out my teeth and lights. My roommate has witnessed these threats on several occasions, and there have been about a dozen incidents overall. I am trying to find information about the legal... View More

Mark Oakley
Mark Oakley
answered on Apr 18, 2025

MD Code, Criminal Law, § 3-803. Harassment.

Prohibited

(a) A person may not follow another in or about a public place or maliciously engage in a course of conduct that alarms or seriously annoys the other:

(1) with the intent to harass, alarm, or annoy the other;...
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2 Answers | Asked in Civil Rights and Gov & Administrative Law for Maryland on
Q: Concern about legal trouble when emailing former friend after years without contact in Maryland.

I live in Maryland and want to send an email to a former friend whom I haven't contacted in years after she blocked me. I want to apologize, wish her well, and discuss something personal to get it off my chest. I'm concerned about potential legal repercussions like being charged with... View More

Mark Oakley
Mark Oakley
answered on Mar 26, 2025

Civil or criminal harassment is defined as a pattern of repeated contacts or communications that seriously annoys another person. A single communication does not qualify. I assume this person did not previously file for a restraining order or pursue criminal charges against you; however, if my... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Do I need a lawyer to retrieve property after arrest in Maryland?

I was arrested and my money and jewelry were taken. Charges were filed against me, but I haven’t received any documentation from the court or police regarding the seizure or retention of my property. There hasn’t been a specific reason given for withholding my property. Do I need a lawyer to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

All property seized pursuant to arrest or a warrant can be recovered not later than after all criminal charges are resolved, but to the extent the property is deemed to be evidence that supports the charges against you, than you cannot get that property back before the charges are all resolved, and... View More

3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Mark Oakley
Mark Oakley
answered on Oct 1, 2024

If you are suing for not more than $30,000 and do not want a jury trial, then you can file in District Court (trials are before a judge only), and you can use a District Court civil complaint form, and check the "tort" box. The forms are available online or at the courthouse. It's... View More

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3 Answers | Asked in Personal Injury, Civil Rights and Employment Discrimination for Maryland on
Q: What form do I use to file an Intentional Infliction of Emotional Distress lawsuit?
Lee Eidelberg
Lee Eidelberg
answered on Oct 1, 2024

There is no "form," per se', to fill out to file this type of lawsuit. Any lawsuit must alleged sufficient "facts" related to the elements of the particular offense alleged. For an intentional infliction of emotional distress claim, the suit must state facts that... View More

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1 Answer | Asked in Civil Rights, Federal Crimes, Constitutional Law and Juvenile Law for Maryland on
Q: How do I get MD state police to fully remove a supposed expunged record from their databases?

I was federally charged for possession of Marijuana (made a wrong turn and ended up speeding on Pentagon property and was pulled over with my medical card and legally purchased cannabis). Which was later expunged after completing the mandated probationary period along with community service, but 7... View More

James L. Arrasmith
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answered on Jul 21, 2024

To fully remove the expunged record from the Maryland State Police databases, you should start by contacting the Maryland State Police's Criminal Justice Information System (CJIS) directly. Explain your situation and provide them with all relevant documentation, including the letter of... View More

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?
James L. Arrasmith
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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

James L. Arrasmith
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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 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

James L. Arrasmith
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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 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

James L. Arrasmith
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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
James L. Arrasmith
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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

James L. Arrasmith
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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

James L. Arrasmith
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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.

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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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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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

James L. Arrasmith
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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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