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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: My bf is being held in pa prison due to interstate detainers from md. Who do I contact in md to get him picked up on

These detainers so he doesn’t have to sit longer and can be released

Mark Oakley
Mark Oakley
answered on Sep 28, 2022

Maryland has already been informed. The Maryland jurisdiction that wants him has to arrange to send officers to go pick him up. The time can vary based on jurisdiction, available officers, distance to travel, etc. Week to two weeks perhaps. A Maryland attorney retained to represent your... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If I have a gun charge am I eligible?
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Eligible for what?

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maryland on
Q: I need to find a lawyer for my boyfriend who is being held unlawfully in jail and his 8th Amendment is being violated
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Anyone in jail can probably use a lawyer. 8th Amendment refers to the Constitutional prohibition against cruel and unusual punishment. That Amendment is rarely found to apply to most circumstances. You will need to be very specific about what is cruel and unusual in order to evaluate whether there... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If the prosecutor missing something out your discovery, can that get your case drop and do you no about the hick law
Mark Oakley
Mark Oakley
answered on Sep 24, 2022

Unlikely. If the prosecution fails to disclose something they may be precluded from using it at trial, or they may be compelled to produce it, and the defendant may have grounds to request a postponement to prepare their case based on its late production, or a new trial might be ordered if the... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: I wanted to know how do I file a lawsuit against a jail that is holding someone unlawfully

My boyfriend has been in jail since March and his 8th amendment is being violated

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

Your boyfriend should hire counsel or contact the Public Defender to see if anything can be done to procure his release such as filing for a writ of habeas corpus. You cannot file a lawsuit on his behalf. Only an attorney can file on behalf of another individual.

1 Answer | Asked in Criminal Law for Maryland on
Q: What is Maryland statue of limitations on a misdemeanor criminal citation for possession of cds not Maryjane

We got pulled over on February 8th 2022 I was giving a misdemeanor criminal citation and released from the spot we got stopped since then I never received a preliminary hearing and I haven't been sent a court date think it's a year that Maryland has to charge me or dismiss my charges?... Read more »

Mark Oakley
Mark Oakley
answered on Sep 23, 2022

The citation is the charge, and that meets the statute of limitations for charging you after the date of the offense. The issue is whether your speedy trial right under the Constitution has been violated, and the answer is not found in a clearly stated number of days, but has to do with a weighing... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Scott I did check Maryland judicial case search and nothing was there no preliminary nor court date

Why I wondering what the statue of limitations in Maryland was on the criminal citation for possession of cds not Maryjane that all I ever received when we initially got pulled over and released like I was saying that was in February 8th 2022 how much longer do they have before they have to dismiss... Read more »

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

Once you are served with the criminal citation, this complies with any statute of limitations that may apply. There is no statute of limitations defense in your case if you were issued a criminal citation.

There is a speedy trial issue. You have a constitutional right to a speedy trial....
Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Need advice on the statue of limitations in Maryland on a misdemeanor criminal citation that I received on Feb 8th 2022

The misdemeanor criminal citation was for simple possession of cds not Maryjane we got pulled over they did a search gave both me and the driver the same criminal citation with same charges the driver received the preliminary hearing date and recently went to court after receiving a court date... Read more »

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

The statute of limitations has been satisfied once the citation was issued. You have a potential speedy trial issue. However, you must assert the right to a speedy trial in writing to the court.

A preliminary inquiry merely tells the Defendant of his right to counsel. You should check...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: On the night my son was arrested I wrote a statement against him and now they want me to testify against him.

Am I required to do so? I read a parental privilege rule, embodied in Sec 25, Rule 130 where no person may be compelled to testify against his children but since I wrote a statement I didn't know if the rule still applied.

Scott Scherr
Scott Scherr
answered on Sep 9, 2022

In Maryland, there is no privilege that prevents a parent from testifying against his or her child. You can be compelled to testify against him. The rule that you cite is not a Maryland rule.

1 Answer | Asked in Personal Injury and Criminal Law for Maryland on
Q: I plead guilty to 2nd Degree Assult (To try and move on without trial). I'm now being sued for an injury.

Will I loose my house and car? Everything is owned by my wife and I.

If he wins do I have to pay right away. I only get a little military retirement and va disability. Do the courts allow payment plans?

Mark Oakley
Mark Oakley
answered on Sep 9, 2022

Who is suing you, your spouse or a third party? If a third party, how do you hold title to your car and house with your spouse? Typically, spouses hold title to real property as Tenants by the Entireties, and as such, a judgment obtained against just one of them cannot attach against property... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Can i go inside the bank with my ID if i have a bench warrant
Scott Scherr
Scott Scherr
answered on Sep 7, 2022

It is unlikely you would be picked up on a bench warrant by going into a bank, but you never know. There are no guarantees.

Your best bet is to consult with an attorney to see if the warrant can be recalled. In some cases, an attorney can file a motion to quash a warrant.

1 Answer | Asked in Criminal Law and Internet Law for Maryland on
Q: If someone is being harassed online to extent of having the Amazon wish list stalked what can they do?
Scott Scherr
Scott Scherr
answered on Sep 6, 2022

Can they see your Amazon wish list without having your login information? I recommend changing your password on your Amazon account.

If someone is harassing you, you can file for a Peace Order. You can research what is necessary to get a Peace Order and the elements of harassment. Note...
Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a search and seizure warrent br valid if they put someone else's charges in warrent that were over 10 yrs old

They pretty much obtained a warrent by hear say and pci and someone who dropped a car off by her old charges

Scott Scherr
Scott Scherr
answered on Sep 6, 2022

You would need to consult with a lawyer to discuss the details of the situation in a confidential setting. Warrants are always based on hearsay and there is nothing wrong with that.

1 Answer | Asked in Criminal Law for Maryland on
Q: Do I need a lawyer for a Peace Order hearing this Friday?

Last Tuesday, I went to pick my 13 yo son up near school at the location we agreed upon that morning but he wasn’t there. After waiting 10 minutes, I drove home looking for him. I saw him walking down Main Street so I honked at him, pulled into a side street, and got out to call for him. He... Read more »

Mark Oakley
Mark Oakley
answered on Aug 30, 2022

Although a peace order does not itself carry jail or a fine, and is not a criminal matter involving conviction and sentencing that would affect a criminal background check, should you violate the terms of the peace order (typically by having contact with the persons protected by the order) then... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Are cases of altering/ uttering a prescriptions eligible for expungement in Maryland? Happened around 1990-1991

Have had no charges nor arrest for 30+ years.

Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Yes, that should be able to be expunged 10 years from the end of the sentence or probation assuming all other criteria are met. The statute is now Section 5-620 of the Criminal Law Article of the Annotated Code of Maryland. Md. Ann. Code, Crim Proc. Art., Sec. 10-110 states that this section can... Read more »

1 Answer | Asked in Family Law, Child Custody, Criminal Law and Employment Law for Maryland on
Q: If person charged is an educator will this be on criminal record to impact employment or custody if no previous charges?
Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Any criminal charges will show up on a background check and Maryland Judiciary Case Search. It certainly could affect your employment if you are convicted depending on the charge. You should speak with a lawyer.

1 Answer | Asked in Criminal Law and Divorce for Maryland on
Q: Can a spouse sue his wife for stealing the cell phone and m make threats to use against him in a divorce?

The wife threatenend the husband to put his proprties in her name or she will expose pictures too the public, friends ,family and even those pictures were not his but sent by others to him. No permission was given to the wife ever to use the phone .

Mark Oakley
Mark Oakley
answered on Aug 17, 2022

What you are describing could be characterized as criminal extortion by your wife, which could be the basis of having criminal charges filed against her; of course, then the contents of whatever is in the cell phone that she is threatening to expose will come into the hands of law enforcement as... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Does multiple arrest for the same criminal episodes give grounds for a dismissal of all charges?
Scott Scherr
Scott Scherr
answered on Aug 15, 2022

Probably not. Double jeopardy only applies when jeopardy attaches. This is when the first witness is sworn. There could be speedy trial issues if charges are dropped and then refiled depending on the facts. You would have to speak with a lawyer.

1 Answer | Asked in Criminal Law, Domestic Violence and Personal Injury for Maryland on
Q: Protected Order filed with the Commissioner for Criminal Assault should evidence be filed with the Commissioner also?

How is evidence filed in an assuialt?

Scott Scherr
Scott Scherr
answered on Aug 3, 2022

There are two things that can be done. First, the Petitioner can file for a Protective Order. If the Commissioner finds that an Order of Protection should be granted, that an interim Order is passed. There is then an ex parte hearing before a judge within a day or two and the judge decides whether... Read more »

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Do anyone have a Maryland Subpoena Form?
Mark Oakley
Mark Oakley
answered on Jul 20, 2022

Self-represented litigants must obtain the paper form of the subpoena from the clerk’s office of the court where the case is pending.

https://www.courts.state.md.us/courtforms/uniformsubpoena

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