Maryland Constitutional Law Questions & Answers
Q: Can a company that is open to the public use the reason of a “barring notice” to obtain a persons ID?
Mark Oakley's answer
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.
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.
Q: My boyfriend was pulled over and the passenger had marijuana and money. He got charged is it legal
2 Answers
| Asked
in
Criminal Law, Constitutional Law and Federal Crimes
for
Maryland
on
Answered on Jul 25, 2018
Answered on Jul 25, 2018
Mark Oakley's answer
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 sufficient evidence beyond a reasonable doubt to convict. He needs a lawyer.
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 sufficient evidence beyond a reasonable doubt to convict. He needs a lawyer.
Q: If I have a housemate and the police produce a search warrant for them, are my possesions included in the warrant?
Mark Oakley's answer
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 evidence of a crime that implicates you that was seized from your room, and argue that your 4th Amendment rights were violated. You would likely have to establish that your room was clearly identifiable...
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 evidence of a crime that implicates you that was seized from your room, and argue that your 4th Amendment rights were violated. You would likely have to establish that your room was clearly identifiable...
Q: I was found guilty of CDS poss in 2016 but sentenced after penilty changes
1 Answer
| Asked
in
Criminal Law, Appeals / Appellate Law and Constitutional Law
for
Maryland
on
Answered on Apr 2, 2018
Answered on Apr 2, 2018
Mark Oakley's answer
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.
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.
Q: In Maryland, Can you defend yourself by using any object against another individual?
1 Answer
| Asked
in
Criminal Law, Family Law, Personal Injury and Constitutional Law
for
Maryland
on
Answered on Jan 3, 2018
Answered on Jan 3, 2018
Peter Munsing's answer
You need to consult a criminal defense attorney if you have done this, and discuss no facts on any social media.
Any person may use REASONABLE force to defend themselves but what is reasonable depends on the circumstances.
You need to consult a criminal defense attorney if you have done this, and discuss no facts on any social media.
Any person may use REASONABLE force to defend themselves but what is reasonable depends on the circumstances.
Q: Can an attorney represent her lover in court ? In maryland?
1 Answer
| Asked
in
Criminal Law, Divorce, Family Law and Constitutional Law
for
Maryland
on
Answered on Aug 4, 2017
Answered on Aug 4, 2017
Thomas Joseph Maronick Jr's answer
From what you have described it absolutely seems like a conflict. You can file a motion petitioning the court to order her withdrawal from the case. You can also contact the lawyer directly and insist she withdraw due to the conflict, if you are representing yourself or obtain a lawyer who would doubtlessly pursue the same path. You would need to contact Bar Counsel to report ethics violations of the Lawyers Rules of Professional Conduct.
From what you have described it absolutely seems like a conflict. You can file a motion petitioning the court to order her withdrawal from the case. You can also contact the lawyer directly and insist she withdraw due to the conflict, if you are representing yourself or obtain a lawyer who would doubtlessly pursue the same path. You would need to contact Bar Counsel to report ethics violations of the Lawyers Rules of Professional Conduct.
Q: Does a police officer need probable cause to stop your vehicle. a) is yes, does the police have to state in their
1 Answer
| Asked
in
Traffic Tickets, Appeals / Appellate Law, Car Accidents and Constitutional Law
for
Maryland
on
Answered on Apr 3, 2017
Answered on Apr 3, 2017
Peter Munsing's answer
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 stop he suspects of a crime. Now whether that person needs to comply is a little different in a street stop. Not so with a car. Focus on the violations and not the Con. Law
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 stop he suspects of a crime. Now whether that person needs to comply is a little different in a street stop. Not so with a car. Focus on the violations and not the Con. Law
Q: I have a few questions, basically resolving on one certain incident. But basically is 40 years to long to re open a case
1 Answer
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in
Appeals / Appellate Law, Constitutional Law and Criminal Law
for
Maryland
on
Answered on Jan 28, 2017
Answered on Jan 28, 2017
Cedulie Renee Laumann's answer
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).
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).
Q: Officers deny freedom of speech?
Bennett James Wills' answer
From your question it doesn't seem like the officer denied you any freedom of speech rights. But if you believe that your rights have been violated in some other way, consult a local civil rights attorney.
From your question it doesn't seem like the officer denied you any freedom of speech rights. But if you believe that your rights have been violated in some other way, consult a local civil rights attorney.
Q: My neighbor has several cameras pointed at my house with one pointed at my bathroom window. Do I have legal action?
1 Answer
| Asked
in
Civil Rights, Constitutional Law and Criminal Law
for
Maryland
on
Answered on Dec 3, 2016
Answered on Dec 3, 2016
Bennett James Wills' answer
Probably not. If the cameras are located on his property he can point them at any point he wishes for security.
Probably not. If the cameras are located on his property he can point them at any point he wishes for security.
Q: Can I sue my school on basis of discrimination?
2 Answers
| Asked
in
Education Law, Constitutional Law and Civil Rights
for
Maryland
on
Answered on Oct 16, 2016
Answered on Oct 16, 2016
Bennett James Wills' answer
You could. But as a Plaintiff you'll bear the burden to prove your case. Consult with local counsel.
You could. But as a Plaintiff you'll bear the burden to prove your case. Consult with local counsel.
Q: Is it legal to carry a sword in public and just have around you for protection?
Bennett James Wills' answer
Probably not a good idea. You could be charged with carrying a dangerous weapon. See Md. Code Ann., Criminal Law, 4-101, for example. While "sword" is not specifically used in the definition, the police or prosecutor could probably find a way to charge you.
Probably not a good idea. You could be charged with carrying a dangerous weapon. See Md. Code Ann., Criminal Law, 4-101, for example. While "sword" is not specifically used in the definition, the police or prosecutor could probably find a way to charge you.
Q: What is a haebus corpus/? The state oa va's vasap program informed be today that the court has one on me for a driving v
Robert Jason De Groot's answer
Habeas corpus is an extraordinary writ. I do not understand the sentence you wrote after the question.
Habeas corpus is an extraordinary writ. I do not understand the sentence you wrote after the question.
Q: Can an atheist serve in a public office, or jury duty, in the state of Maryland?
Robert Jason De Groot's answer
Yes. I do not know and you would probably have to pay an attorney in your state to do the research you want done.
Yes. I do not know and you would probably have to pay an attorney in your state to do the research you want done.
Q: How do you think the case GIDEON V. WAINWRIGHT is important to the due process?
Robert Jason De Groot's answer
This is a homework assignment, right? Or a question on a test. You should answer this yourself by doing the research and actually reading the decision.
This is a homework assignment, right? Or a question on a test. You should answer this yourself by doing the research and actually reading the decision.
Q: From my understanding of Marbury v. Madison, I see no reason why the President of the United States, cannot use this law
Robert Jason De Groot's answer
I do not understand your question. Marbury deals with judicial review.
I do not understand your question. Marbury deals with judicial review.
Q: If a parent refuses to consent to a child’s request for an abortion should they be financially responsible for support?
Robert Jason De Groot's answer
Do you want a moral opinion or a legal opinion. For the legal opinion, you need to give a lot more facts than you have. For a moral opinion, the answer is yes.
Do you want a moral opinion or a legal opinion. For the legal opinion, you need to give a lot more facts than you have. For a moral opinion, the answer is yes.
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