I read this, but request definition clarification, please:
§ 13-214. Prohibitions
(a) Except for the units of the organized militia and the troops of the United States, a body of persons may not associate as a military company or organization or parade in public as a military... Read more »
Maryland law defines two legal types of militia under the Public Safety Article 13-202. ALL other bodies of persons organized as a military company or organization are prohibited from acting in violation of the provisions you have cited to n 13-204. That’s it. There is no need to further define...Read more »
There is no law that requires any person to be vaccinated. It is a matter of free choice. Private and government employers may, however, impose a condition of employment that may require vaccination. If your employer has imposed such a requirement, then you should inquire as to whether they have...Read more »
I doubt your HOA documents provide that unanimous consent of all homeowners is required before they can take any actions. However, that does not mean they can necessarily act with impunity or infringe on privacy rights. Your HOA is made up of you and your fellow owners. You elect the Board who...Read more »
Objection! The question assumes a fact not in evidence! No court has ruled that a stay-at-home order violates the Maryland Declaration of Rights or the United States Constitution. However, should someone mount a legal challenge, and convince a court that it does, then of course it is true that...Read more »
my son is currently at Central Booking we have ask for his panal attorney to put in for a review of his case because he does have asthma and has been receiving treatment at Central Booking for it. Unfortunately since he has had the panal attorney assigned to him the panal attorney is always... Read more »
It is not clear whether the problem is primarily that the panel attorney does not have the time to devote to your son's case, or is unable to do much given that the courts are all closed and operating to address only emergency issues and therefore cannot do anything at this time for your son...Read more »
“Film anything from public property”—no, if by that you mean peering into the interior spaces of someone’s home through their windows or into areas where there would be a reasonable expectation of privacy. It does not matter that you happen to be standing on public property if you are using...Read more »
Yes. Media companies are private parties. The First Amendment only bars the government from infringing on your freedom of speech, not private parties. You can post on your own Facebook page, and bar others from posting on your page. You have no right to force others to let you post on theirs.
I have a friend who lives in section 8 housing, she has a family member who stayed the night and now he will not leave, he’s been there for a week already because he refused to leave, She’s very afraid, he will not allow her back in her house and has also threaten her life, what can she do... Read more »
She can go to the District Court Commissioner’s Office, fill out a petition for protection from domestic violence, and if granted the Commissioner will issue an order of protection forcing the family member out and to stay away. It will be served by the Sheriff or police and he will be forcibly...Read more »
Once being deemed the legal father by Maryland's Affidavit of parentage, does this give me full legal rights to have a relationship with my child, and be an active father? Even if the mother has since moved to another state? Do my rights disappear because she, and the children crossed over an... Read more »
You should consult with a family law attorney- they will be able to tell you whether you would need to file something in Maryland or the other state to challenge the ruling/judgment (most likely the other state). It is unclear what the due process/14th Amendment violation would be if you had...Read more »
During questioning. What attorney would be appointed during questioning? In the state of Maryland (where I reside), a public defender (attorney assigned to the poor to represent them at trial) cannot be contacted/assigned until the accused has received charging documents. So in this case... In... Read more »
It is not a right to immediate appointment at any time you are prepared to answer questions. It is a right NOT to answer questions without legal representation present. Therefore, you exercise this right by remaining silent. The police may not question you against your will at any time. Once you...Read more »
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 »
Legal title means it’s yours. You own it. You cannot be charged with theft of your own property. You can be charged with trespassing, however, or assault if you go there and a fight ensues. If the vehicle is in the public street, go get it (use a spare key or have it towed). If not, or if you...Read more »
It's difficult to guess what's taking place here, but when government employees, public utility employees, or other people who have a valid reason for entering your property appear, they generally identify themselves and present ID. In many instances, their visits are announced ahead of...Read more »
The test of constitutionality of anti-begging laws can be quite complex and very fact-based. Whether the particular law in question violates the First Amendment or other constitutional prohibition would require a detailed analysis which your post does not provide a sufficient basis to do. Many...Read more »
Just leave. Only the police can request proof of identity, and then only after they have probable cause to arrest. In DC, there is a limited requirement to provide ID for certain pedestrian (street) offenses without arrest, but that would not apply here.
Yes. It’s called constructive possession: if it’s open in an area within reach, and everything in his car is in reach, it creates a rebuttable inference it was his. He has a defense, however, and cases like this can be won. Just because there’s probable cause to charge does not mean there’s...Read more »
The search warrant generally applies to an entire premises, unless it is limited by its terms. If not limited, they may very well search and seize your items. If that were to happen, you would need to retain counsel to either invalidate the seizure as to your possessions, or move to suppress any...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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.