Maryland Criminal Law Questions & Answers

Q: In 2007- CJIS Code:3-2400Statute Code:27.342. . I only received probation (felony orr misdemeanor

1 Answer | Asked in Criminal Law for Maryland on
Answered on Mar 24, 2019
Mark Oakley's answer
The criminal code has changed over the years in Maryland. What you are looking at is a citation to the old Maryland Code, Article 27, Section 342, the general theft statute then in effect in 2007. That section was replaced by the new Criminal Law Article in 2010. It depends on what subsection you were charged under, as Maryland classified theft as a misdemeanor or felony based on the amount you are alleged to have stolen. The amount at which theft became a felony in 2007 was either $300 or...

Q: I was charged with 3rd degree burglary, trespass private property & theft less than $300 in 97. Convicted only of tresss

1 Answer | Asked in Criminal Law for Maryland on
Answered on Mar 18, 2019
Mark Oakley's answer
Nothing you can do but hope the legislature adds 6-403 of the Criminal Code to the list of expungeable offenses.

Q: I looked online and it says petition-violation of probation..do that mean they coming to lock me up or get a court date?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Mar 3, 2019
Mark Oakley's answer
Probably means you’ll get a summons to appear. The PO has the option of requesting a warrant for your arrest, but that is not typical. You can call your PO to confirm. Or hire a lawyer to call as well as represent you.

Q: What the code for fraud in a marriage

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on Mar 1, 2019
Mark Oakley's answer
Maryland courts can grant an annulment to a party who was fraudulently induced to enter into a marriage as part of their general equity powers under Family Law Code Section 1-201(b)(3). There is no stand-alone statute that addressed "fraud in a marriage" and it is unclear what you are referring to. A fraudulent marriage can form the basis of an immigration crime, where a foreign national and a US citizen conspire to enter into a marriage for the sole purpose of securing the legal status and...

Q: Will west virginia pick me up in maryland for a misdeamor warrant.

1 Answer | Asked in Criminal Law for Maryland on
Answered on Feb 7, 2019
Mark Oakley's answer
West Virginia can transmit the warrant to Maryland and request that it be served by MD law enforcement, but they cannot come here on their own. Unless the warrant is for a serious crime, many times the warrant is simply entered into the national database and as soon as you are stopped anywhere for anything, such as a moving violation, and the warrant pops up, you'll be arrested and held on the WVA warrant while WVA is notified and given the opportunity to come get you (either because you waive...

Q: What's the easiest way to find EVERYONE charged with a specific crime in the state?

1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Maryland on
Answered on Feb 2, 2019
Mark Oakley's answer
This data is gathered for the state. It’s used for all sorts of purposes. Budgets and resource allocation depend on it. Try calling the Administrative Office of the Courts in Annapolis for direction. The Maryland Sentencing Commission uses this info to update the Maryland Sentencing Guidelines. Each county State’s Attorney’s Office (and City of Baltimore) maintains statistical info on all crimes charged and their disposition. The criminal clerk’s offices of the District and Circuit...

Q: I'm accused of trespassing on my friends property. What do I do to prove that I had permission to be on said property?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Feb 2, 2019
Mark Oakley's answer
(1) you testify under oath that you had permission from a legal occupant to be there, and be believed; (2) a legal occupant of the property testify under oath that they gave you permission to be there; (3) establish through evidence (or point out the prosecutor did not prove) that the property was not prominently posted “no trespassing” and that you were not otherwise told beforehand that you were not to come onto the property. Those are just three ways that come to mind based on your...

Q: I was denied my handgun permit and I don't have any felonies. Why?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Jan 30, 2019
Gary Kollin's answer
they have a website which discuss criteria.

You can call them and ask instead of asking us to guess

Q: Can a company that is open to the public use the reason of a “barring notice” to obtain a persons ID?

1 Answer | Asked in Criminal Law and Constitutional Law for Maryland on
Answered on Jan 12, 2019
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.

Q: In the state of Maryland in 2013 was 1st-degree burglary a violent crime? And has it changed

1 Answer | Asked in Criminal Law for Maryland on
Answered on Jan 10, 2019
Mark Oakley's answer
Yes, it's been defined that way since at least 1999.

Q: Is code TA-16-101(A1) A JAILABLE OFFENSE

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Answered on Dec 23, 2018
Mark Oakley's answer
Yes, up to 60 days. Hire a lawyer and get the charge dropped or amended down to a non-jailable offense, which will avoid the VOP. Be aware, failure to notify your PO of the new charge will be a VOP all by itself.

Q: Re-opening a stet (I know I can file for early expungement, but I feel like this never works)

1 Answer | Asked in Criminal Law and Sexual Harassment for Maryland on
Answered on Dec 20, 2018
Mark Oakley's answer
Do not just file to set the case in for trial. Hire a lawyer to contact the SA to remove the case solely for the purpose of entering a nolle prosequi.

Q: Can we sue that person?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Dec 19, 2018
Mark Oakley's answer
Yes, you can sue on the following theories: (1) malicious prosecution; (2) abuse of process; (3) defamation of character: and (possibly) (4) intentional infliction of emotional distress. To win, you will need to prove her allegations were both untrue, and that she knew they were untrue when she filed the charges.

Most lawyers will charge you money to bring such a suit. Unless she has money or assets to easily attach to pay a judgment, you may be throwing good money after bad....

Q: Is conspiracy to distribute CDS not Marijuana considered a violent crime to the parole board

1 Answer | Asked in Criminal Law for Maryland on
Answered on Dec 16, 2018
Mark Oakley's answer
It’s not a violent crime, so it should not be.

Q: why can i not drive my historic car on the weekend?

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Answered on Dec 11, 2018
Mark Oakley's answer
If you received a citation then the code section alleged to be violated must be printed on it. I am not aware of any weekend prohibition. So long as your historic vehicle is not a truck over 10,000 lbs. or a camper over 25 years old, then A vehicle registered as historic cannot be used for general daily transportation, or primarily for the transportation of passengers or property on highways. It can only be used in exhibitions, club activities, parades, tours, occasional transportation and...

Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

Q: I recently terminated an employee. That employee has filed false BBB claim and libelous posts to FB. Is this criminal

1 Answer | Asked in Criminal Law and Libel & Slander for Maryland on
Answered on Nov 29, 2018
Joseph D. Allen's answer
It appears at first blush that the only potentially criminal action here would be the "gunning for [you]" comment- but that is susceptible to various interpretations. The rest is potentially a civil claim for defamation, but those cases are difficult and highly fact-specific. Another thing to consider is whether you could collect from the ex-employee on any judgment you might obtain. You may want to consult an attorney. You might also want to contact the BBB and complain to them about the...

Q: Is it possible for a 4th degree burglary charge to get lower to a criminal trespass ?.

1 Answer | Asked in Criminal Law for Maryland on
Answered on Nov 26, 2018
Mark Oakley's answer
You will not know the answer to your questions until you sit down with a lawyer, the lawyer goes over all the facts and charges, and then the lawyer has an opportunity to discuss the case with the prosecutor. Too many facts and other considerations go into such negotiations, and predicting a specific outcome is impossible. However, charges are often negotiated downward to lesser ones during plea bargaining. Most lawyers offer an initial free consultation. Take advantage of that.

Q: Would a private investigator send you a text basically saying they are watching you

1 Answer | Asked in Criminal Law for Maryland on
Answered on Nov 15, 2018
Mark Oakley's answer
I think they are just trying to make you paranoid. They appear to be succeeding.

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