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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: Can I expunge 42-year-old charges for open container and resisting arrest in Maryland?

I am looking to have a guilty finding for an open container violation and resisting arrest from 42 years ago expunged in Maryland. The offenses occurred when I was 19 years old, and I am currently 60. In the past, I had other convictions, including possession with intent to distribute in 1988... View More

Scott Scherr
Scott Scherr
answered on Mar 14, 2025

If you received probation before judgment, they can both be expunged. If the convictions are intact and they arose from the same incident, then they cannot be expunged because resisting arrest cannot be expunged. Under the unit rule, both charges must be eligible. However, the laws change... View More

1 Answer | Asked in Animal / Dog Law and Criminal Law for Maryland on
Q: Why is my mother charged for stray cats she doesn't own?

I'm concerned about my neighbor bringing an animal nuisance charge against my mother in Harford County, MD, for stray cats that do not belong to her. There have been no interactions with the neighbor, no notifications from city officials or animal control, and we were informed that the... View More

Mark Oakley
Mark Oakley
answered on Mar 11, 2025

You do not state the exact civil code violation your mother was cited with violating. However, Harford County Code Section 64-12, entitled "Animals Constituting Nuisances" reads as follows:

It is unlawful for any person to keep or maintain any animal in such a manner as to cause...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Is an inoperative Byrna Launcher a dangerous weapon in Maryland?

I am facing charges of 2nd-degree assault, and two other charges related to a "dangerous weapon." I showed a Byrna Launcher to a would-be attacker, but I never aimed it at the individual, and it was inoperative with an empty or missing gas cartridge. Under Maryland law, is an inoperative... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

It can be, but it depends on the exact charges, which you do not identify. However, you are charged with a criminal offense, and you should not be asking questions on a public forum like this accessible by law enforcement, especially with details that can easily be used to identify you (like 2d... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How to obtain documents for criminal case CT081026X in Prince George's County?

I need assistance in obtaining all documents related to a criminal case with the case number CT081026X filed in Prince George's County. What are the steps to request these documents, and are there any specific requirements I should be aware of?

Mark Oakley
Mark Oakley
answered on Mar 10, 2025

All court files are public and may be copied by anyone, unless a court order directs that all or part of the case file be sealed from public view. Some documents containing personally identifiable information and financial account numbers are redacted or sealed, and all criminal juvenile cases are... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I expunge a minor firearm possession record in MD to own a firearm?

I was charged with the minor in possession of a firearm in Maryland and entered a plea agreement which resulted in a 9-month sentence. This incident occurred 8 years ago, and I have had no more legal incidents since then. I would like to know if I can have this record expunged in order to legally... View More

Scott Scherr
Scott Scherr
answered on Mar 5, 2025

It depends whether you received probation before judgment and the exact charge. If you received probation before judgment, it can be expunged now. If the conviction stood, then you would need to review the list of convictions that can be expunged or speak with an attorney.

1 Answer | Asked in Car Accidents, Criminal Law, Insurance Bad Faith and Personal Injury for Maryland on
Q: Can I press charges against a drunk driver who hit my car?

I was involved in an accident with a drunk driver who hit my car. Although he has insurance, he has been dodging calls from his insurance company for months. He is currently in jail for hitting another driver's car and injuring them. I have filed a police report, have pictures, a video of the... View More

Tim Akpinar
Tim Akpinar
answered on Mar 2, 2025

A Maryland criminal law attorney could advise best on the issue of charges, but regarding the civil issues in your questions, it's possible the other driver is not able to respond due to incarceration. The carrier should still manage to process the claim and advise on their position. You... View More

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Do I need a lawyer to retrieve property after arrest in Maryland?

I was arrested and my money and jewelry were taken. Charges were filed against me, but I haven’t received any documentation from the court or police regarding the seizure or retention of my property. There hasn’t been a specific reason given for withholding my property. Do I need a lawyer to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

All property seized pursuant to arrest or a warrant can be recovered not later than after all criminal charges are resolved, but to the extent the property is deemed to be evidence that supports the charges against you, than you cannot get that property back before the charges are all resolved, and... View More

2 Answers | Asked in Criminal Law, Identity Theft and White Collar Crime for Maryland on
Q: Arrest for fraud without prior knowledge; not read rights.

I was arrested by Baltimore County police due to a warrant from Anne Arundel County on November 16, 2024. I was unaware of the warrant until I was stopped by the police while driving for Uber. Apparently, a ride I completed, which involved picking up and dropping off an envelope, was related to... View More

Mark Oakley
Mark Oakley
answered on Feb 24, 2025

The only penalty for not being read your Miranda rights is the suppression of any admissions you made during your custody so they would be disallowed as evidence against you at trial. Since you were not questioned, the failure to advise you of your right to remain silent and right to have counsel... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Cjis code 3-2400 Statute Code: 27.342 x theft 300 plus value in 1997 - closed 2001. Can you explain

I did 60 days on 90

Scott Scherr
Scott Scherr
answered on Jan 28, 2025

You may be eligible to get your record expunged and you should speak with an attorney. In 1997, theft over $300.00 was a felony. The amount for the felony charge has since been increased. It sounds like you were charged in 1997 and your probation ended in 2001. Article 27, Section 342 in the old... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements

In September 2021, I had a criminal charge placed on the stet docket. I’ve since completed all the requirements associated with the stet and filed a motion to change my stet disposition to nolle prosequi. My question is: do I need to file a separate motion to expunge this charge from my record,... View More

Scott Scherr
Scott Scherr
answered on Jan 27, 2025

You can get is expunged (without filing a motion to change the entry to a nolle prossequi) by filing a Petition for Expungement. The form is online. You are entitled to expungement three years from the entry of the stet.

You have no authority to reopen a stet to enter a nolle prossequi....
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1 Answer | Asked in Criminal Law for Maryland on
Q: I need the Annotated Code for Correctional Services,Rule 3-703 for ( Concurrent sentence in foreign jurisdiction )
Mark Oakley
Mark Oakley
answered on Jan 10, 2025

MD Code, Correctional Services, § 3-703 Concurrent sentence in foreign jurisdiction

"Notwithstanding any other provision of this subtitle, an incarcerated individual who serves a concurrent Maryland sentence in a foreign jurisdiction may be allowed diminution credits under this...
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2 Answers | Asked in Criminal Law for Maryland on
Q: How should i answer questions regarding my felony history?

I was found guilty of a felony in Baltimore Co, Md. Once I satisfied my probation/restitution requirements, my judgement was reduced to a PBJ. When applying for an electrical apprentice license in Md, I was asked if I have committed any local/state infractions, and if so to list/explain them. Do I... View More

Mark Oakley
Mark Oakley
answered on Jan 10, 2025

They will perform a background check and it will come up. Therefore, if you do not disclose it, they will treat your answer as either false or misleading, and that kind of dishonesty will likely sink your application. They care more about being honest than they do about an old criminal case where... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: If I have a few district and circuit corrupt cases all pbj or stet can I file forms of expungement on all of them at onc

Can I fill out a form for each at the respective courts the cases were held. Some are modifications some original. Last case was 2015 and modified felony to pbj in 2/2021

Scott Scherr
Scott Scherr
answered on Dec 27, 2024

You need to file a seperate Petition for Expungement for each case and file each one in the appropriate court. You can file them all on the same day so long as each one is eligible.

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2 Answers | Asked in Criminal Law for Maryland on
Q: PWID felony was modified to pbj 3 years later. 3 years have passed since then. Does pbj affect firearms rights

I have expungement petition in but wanted to know pbj effects on firearms in md

Mark Oakley
Mark Oakley
answered on Dec 27, 2024

A background check for a gun purchase will show a PBJ disposition that has not yet been expunged, and a PBJ is still deemed a conviction under federal law (which governs your right to own a gun). However, the PBJ disposition and all other record of the offense will be removed from the nationwide... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: PWID felony was modified to pbj 3 years later. 3 years have passed since then. Does pbj affect firearms rights

I have expungement petition in but wanted to know pbj effects on firearms in md

Scott Scherr
Scott Scherr
answered on Dec 27, 2024

Yes, a PBJ for this charge will still disqualify you. Once you get your record expunged, you should be eligible but I have heard reports of a few people still having issues.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: In maryland if you were driving a moped without a license and your on probation is it a technical or non technical vop

Apparently I have to reward this question. The only answer I got was from someone who apparently does not know Maryland state law or not enough to know to answer the question. So I ask anyone who Answers. this question to actually be versed. In Maryland state traffic laws, Maryland code... View More

Lee Eidelberg
Lee Eidelberg
answered on Dec 3, 2024

a Moped is a motor vehicle in Maryland and the operator must be licensed. A motor vehicle violation, if one is convicted, may trigger a violation of probation, but that depends on the terms of the probation order. You would be best to consult with a qualified traffic attorney who can evaluate the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Hi I was arrested and received a fare evasion citation in PG County MD with $50 fine and no jail. Need help

I have court this month in Prince Geor g e MD District Court and want expungement.

Scott Scherr
Scott Scherr
answered on Nov 12, 2024

You can only get the charge expunged immediately after court if you were acquitted of the charge or the State entered a nolle prossequi dropping the charge. If you are convicted and receive probation before judgment, you must wait three years to get it expunged or sooner if you can show good cause.... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: The police are saying I am stalking them and following them on different calls and talked to my mom at our house

They asked my mom if she has a son and said that they got harassing phone calls from this address last year and that he keeps on following us to different calls if it keeps on happening they will file charges

Mark Oakley
Mark Oakley
answered on Nov 12, 2024

I suggest you contact a criminal defense lawyer and discuss this matter, and your conection to it, off-line and in private. Do not post any other facts on this public forum or you risk disclosing incriminating information if, in fact, you are behind any of the activities described by the police.... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I was just caught shoplifting $100.50 from Target. They have proof that I have done so before. The security director

told the responding officer that he was going to investigate for more instances. I was told this is a theft scheme charge in Maryland. Each incident would been well under $500 over the last few months. I have zero prior charges other than a dui more than a decade ago. I am a known and respected... View More

Mark Oakley
Mark Oakley
answered on Nov 11, 2024

I doubt they can meet the legal standard for proving theft scheme. Each one they might be able to identify and prove would more than likely be deemed separate independent incidents of theft, all misdemeanors. Theft scheme is simply a way to try to turn a series of misdemeanors into a felony, but... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: If one were pulled over in Maryland for driving an unregistered vehicle, would he get a court summons or criminal record
Scott Scherr
Scott Scherr
answered on Oct 31, 2024

No, you will not automatically get a trial date. You have 30 days from the date of the incident to request a trial or waiver hearing or to pay the citation. If you fail to act, your license will be suspended. You should request a trial and not a waiver hearing if you wish to contest the ticket.... View More

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