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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: If a gun is taken apart does it still considered as a loaded handgun ?

I was with a friend he’s a part collector but we got pulled over in his car and in the statement of charges it says loaded handgun but the gun was not even put together it was broke down to nothing basically

Mark Oakley
Mark Oakley answered on Oct 8, 2021

A “gun part collector”? Sounds like a dodge to me. Regardless, the definition of a firearm is found in the Maryland Public Safety Code, Section 5-101 (h)(1) “Firearm” means:

(i) a weapon that expels, is designed to expel, or may readily be converted to expel a projectile by the...
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1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Who enforces Maryland's vehicle exhaust modification law?
Mark Oakley
Mark Oakley answered on Sep 21, 2021

The police enforce violations of the vehicle code by way of issuing citations, warnings, and repair notices. Thereafter, depending on the nature of the citation, the court gets involved if you request a trial or hearing, or the MVA takes action based on imposing points, or suspension of vehicle... Read more »

1 Answer | Asked in Criminal Law, Child Custody and Civil Litigation for Maryland on
Q: If I had a criminal charge expunged, can the police report

from the incident that led to my arrest be used as evidence in a civil hearing?

Mark Oakley
Mark Oakley answered on Sep 18, 2021

No. First of all, the contents of a police report is hearsay, so unless the report has some non-hearsay evidentiary purpose, it will not be allowed over your objection even were the case not expunged. The police officer who wrote the report can be called to testify as to matters over which they... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: I took Alfred plea the judge that over saw the proceedings has recently been indicted and killed himself

Do i have any rightsI am now a convicted felon for a crime i didnt do with my jail time served and 3 yrs probation and alot of legal fees

Michael Wilson McGraw
Michael Wilson McGraw answered on Sep 15, 2021

I would suggest contacting competent counsel. You may eligible to file for post-conviction relief if you are on parole/probation or file a Writ of Error Coram Nobis, which is similar. You are not going to be the only one with this issue. I expect there will be numerous filings from others.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: I am in Rockville MD. I am on "Pre-Trial", Electronic monitoring ankle bracelet. I have nothing to show I flight risk.

I have been on an Ankle Monitor since this whole thing started. On Tuesday of next week, it will be 90 days. The Maximum sentence for my charge is 90 Days. The Maryland Governor has lifted all the COVID restrictions. I still don't have a Court date. I'm filling a motion with the... Read more »

Mark Oakley
Mark Oakley answered on Sep 9, 2021

If you have money to pay a lawyer, a motion can be filed to modify the terms of bond. You have not been subjected to cruel and unusual punishment under the Constitution, nor double jeopardy. An argument can be made that the ankle monitor, if your freedom of free movement has been restricted, is the... Read more »

1 Answer | Asked in Criminal Law, Public Benefits and Small Claims for Maryland on
Q: Can I sue president of my organization if he goes contrary to our constitution to remove members who do not support him?

We are a membership organization of about 20 members. The president who goes contrary to our constitution removed about 9 members who oppose his leadership style. We have funds that belongs to all of us and we all need to affect the use of this fund even if we exit the organization as he wants. Our... Read more »

Mark Oakley
Mark Oakley answered on Sep 3, 2021

Take the organization constitution to a lawyer to review, and evaluate your legal options, as well as actions you can take under the constitution, such as calling a special meeting, holding a new election, removal of the president, etc., whatever the provisions allow. Recourse to the courts... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What to do if suspected drugs that was found on person wasn’t tests at the spot or in a lab

And still being charges

Eric Todd Kirk
Eric Todd Kirk answered on Aug 17, 2021

If the State cannot prove beyond a reasonable doubt the seized item was a controlled dangerous substance [CDS] they cannot convict. Seized items are rarely, if ever, tested on at the scene, and typically sent out to a lab, or tested internally, depending on the size of the jurisdiction.

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Can the police bring charges up on odometer fraud in Carroll County MD

Odometer fraud seller sold me car with odometer fraud didn't disclose it

Scott Scherr
Scott Scherr answered on Aug 13, 2021

You can go to the Commissioner and file charges or report the matter to the police. You will need proof that the odometer was tampered with.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can You Email / Fax Court Motions To The Court In Maryland

Can You Email / Fax Court Motions To The Court In Maryland

Scott Scherr
Scott Scherr answered on Aug 11, 2021

In most courts (all but Baltimore City, Prince George's County, and Montgomery County), you can file documents electronically by setting up an account. Otherwise, you must mail or hand-deliver all pleadings.

1 Answer | Asked in Criminal Law for Maryland on
Q: who do you put as defendant in waving the court cost fee regarding the Court Baltimore City MD

who do you put as defendant in waving the court cost fee regarding the Court Baltimore City MD

Mark Oakley
Mark Oakley answered on Aug 11, 2021

In a criminal case, the defendant is the person being charged with a crime. In a civil case, the defendant is the person being sued, as in Jane Doe, Plaintiff, vs. John Doe, Defendant. In some types of cases, like guardianships, name change petitions, or estates, there are no defendants, just... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Is failure to state a claim the same as (probable cause) or or does it regard actual physical evidence or or both both.

Is failure to state a claim the same as (probable cause / testimony) or or does it regard actual physical evidence or or both both.

Scott Scherr
Scott Scherr answered on Aug 9, 2021

If criminal charges have been filed, the case will proceed to trial unless the State's Attorney decides not to prosecute or the case is dismissed by a judge. The failure to state a claim is not the same as probable cause. Criminal cases are not usually dismissed for the failure to state a... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Maryland on
Q: Can a defendant be charged in the jurisdiction they live in if an offense was committed in a different jurisdiction?

The defendant lives in one county and the offense was committed in a different county.

Mark Oakley
Mark Oakley answered on Aug 4, 2021

No, the prosecution must take place in the jurisdiction where the crime was committed, unless a change of venue is granted because pretrial publicity prevents the empanelment of a fair jury, or for some other compelling reason.

1 Answer | Asked in Criminal Law and Probate for Maryland on
Q: Can useeifi have warrants
Scott Scherr
Scott Scherr answered on Aug 4, 2021

Some warrants appear online at Maryland Judiciary Case Search and other warrants (such as arrest warrants) remain hidden until you are arrested.

1 Answer | Asked in Criminal Law for Maryland on
Q: can you file a motion to dismiss a close case. Example a close case ( conviction )

can you file a motion to dismiss a close case. Example a close case ( conviction ) regarding false arrest false imprisonment. or is it a motion to suppress evidence.

Scott Scherr
Scott Scherr answered on Aug 4, 2021

You cannot move to dismiss a conviction. You have 10 days to request a new trial, 30 days to appeal, and 90 days to ask for a modification of sentence. Otherwise, you would have to seek post-conviction relief which is much more difficult.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Can You Contact A Court Or Judge Regarding A False Arrest.

Can You Contact A Court Or Judge Regarding A False Arrest. That You Have/ Had A Court Trial For After 10 Year Upon Conviction. To Have It Dismissed. You Just Write/ Email Evidents Regarding??

Kristen M. Martin
Kristen M. Martin answered on Aug 1, 2021

No. You should contact a local Attorney for assistance. Many lawyers offer free consultations for such matters and you should consider speaking with an attorney about your options. Good luck!

1 Answer | Asked in Criminal Law for Maryland on
Q: motion to dismiss

if someone says that you hit them and there's no evidence of it and it didn't happen in police presence can you file a motion to dismiss

Mark Oakley
Mark Oakley answered on Aug 1, 2021

Absolutely. And it will be denied. At trial, the judge or jury will decide who is telling the truth.

1 Answer | Asked in Criminal Law for Maryland on
Q: What charges could I potentially be facing if I hit someone under the influence and the bar has footage of it ?

I don’t know the person it was not intentional it was my misjudgment due to me being intoxicated. Apparently she was an employee at the bar I went to. The person has not pressed charges yet that I know of but they’re asking for my info so I think they will. I have no history of a criminal... Read more »

Mark Oakley
Mark Oakley answered on Aug 1, 2021

Assault, probably 2d degree assault if no major injuries and no weapon used. Although a misdemeanor, it carries up to 10 years in jail. There’s a reasonable chance for straight probation and to avoid a conviction if no serious injury and it being a first offense, but you will need a lawyer. Get... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: If you have a bench warrant will you for failure to appear in court..

If you have a bench warrant / warrant / warrant for failure to appear in court.. and you sign up for a public defender at the district court commissioners office what do you do if the police come to arrest you or can they. do you gave them a copy of the commission's document regarding the... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Jul 28, 2021

If there is a warrant for your arrest, I do not think that your application for the public defender will make any difference to arresting officers. If the PD obtains an order recalling the warrant for you, you should keep a copy of that order, and show that to any arresting officers.

1 Answer | Asked in Criminal Law for Maryland on
Q: how long does it take for a motion to recall a bench warrant to be recalled and can it be filed by a public defender

how long does it take for a motion to recall a bench warrant to be recalled and can it be filed by a public defender

Mark Oakley
Mark Oakley answered on Jul 28, 2021

It varies. Technically, the State's Attorney's Office has 15 days (plus 3 more days if the motion is mailed to them) from the date the motion is filed and served to file an opposition to the motion, so the court is supposed to wait the response time--or until the opposition is filed if... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: how long does it take for a maryland bench warrants to become active for failure to appear.

how long does it take for a maryland bench warrants to become active for failure to appear.

Mark Oakley
Mark Oakley answered on Jul 28, 2021

Same day or a day or so after court, depending on when the clerk in the particular jurisdiction enters the FTA into the system. Usually, by the end of the court day you failed to appear.

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