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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: What if I’m just masturbating in my car

Is it legal in Maryland? Especially if masturbation on the metro in Maryland is legal

Mark Oakley
Mark Oakley answered on Oct 19, 2020

It's a crime if anyone sees you. If charged, hire a lawyer. You do not want this on your record.

2 Answers | Asked in Criminal Law for Maryland on
Q: what if i receive a notice about obstruction of correspondence will i be fined or go to jail.
Mark Oakley
Mark Oakley answered on Sep 30, 2020

18 U.S. Code § 1702. Obstruction of correspondence:

"Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the...
Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can my expunged records be use against me in another case in Maryland's courts?
Mark Oakley
Mark Oakley answered on Sep 30, 2020

No. Maryland Criminal Procedure Code, Sections 10-108 and 10-109, prohibit disclosure of an expunged record or information from that record to another person without a court order. Violation of these sections is a criminal offense that carries up to one year in jail. For a public employee or... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Why am I being charged for defending myself in my own home?

I was attacked from behind in my own house. I tried using a knife to defend myself but before i could i was slammed to the ground and unconcious a few seconds. Why am i being charged?

Eric Todd Kirk
Eric Todd Kirk answered on Sep 29, 2020

It's unlikely that you would be charged based on the facts as you've described. I can't see that any crime was committed based on the information you provided. You didn't say what you were charged with. Was it related to the possession of the knife? I think it more likely that... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Hi can anyone explain what pretrial division Correspondence means in terms of a habeas corpus?
Eric Todd Kirk
Eric Todd Kirk answered on Sep 22, 2020

It's impossible to know the content of the communication or guess at its effect, but, Pretrial Release filed something with the court. If you are the defendant, presumably you got a copy. If not, you may need to check the court's file at the courthouse.

2 Answers | Asked in Criminal Law for Maryland on
Q: Would having someone else write an statement and you agree to what’s written...be perjury!

If my sons father has his wife complete the protective order for him statement and all and he signs it would I be able to get the order dismissed to perjury him saying he completed the form when it’s two different hand writings?

Mark Oakley
Mark Oakley answered on Sep 18, 2020

No. Who wrote the statement is not relevant. So long as he signed the petition and made oath or affirmation the the statements were true, the petition is not invalid. Of course, you can cross-examine him about those written statements not being his, and therefore represent his wife’s eye-witness... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: Is “Dangerous weapon-Intent/Injure a felony or misdemeanor charge?

CR.4.101.(c)(2) Is the statute

Mark Oakley
Mark Oakley answered on Sep 17, 2020

Misdemeanor, up to 3 years, $1,000 fine.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Hi is there anyone that can explain what it means on case search when the comments on a habeas corpus says district

Court cd received?

Eric Todd Kirk
Eric Todd Kirk answered on Sep 14, 2020

The State of Maryland provides a free, and easily accessible database containing important information about civil and criminal cases, as well as data about liens. Most who use it regularly call it “case search”. Old school users may call it JIS. The official name is the Maryland Judiciary Case... Read more »

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1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: I had a charge that I had plead guilty to which was about bank fraud received 5-6 mths house arrest over 7 years ago

Now I have a business need to carry because I handle money and bank drops alone I'm a lady leave alone my crime isn't violent why does this prevent me from getting my HQL

Eric Todd Kirk
Eric Todd Kirk answered on Sep 13, 2020

You'll need to check the requirements of the licensing authority. They may or may not be concerned as to whether or not an applicant has been convicted of a crime of violence. They may be more concerned with convictions relating to honesty and propensity to tell the truth. If this is a crime... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Its my first time in trouble and I got a change for destruction of property and its value is 1,000 and a mistamener
Mark Oakley
Mark Oakley answered on Sep 9, 2020

Hire a lawyer. There’s a good chance of working out a deal not only to avoid a conviction, but possibly getting the charges dropped in exchange for some community service hours.

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1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: Can I file harassment charges against insurance adjuster for harassment (telephone and electronic)?

My roof was damaged during a storm. I called the adjuster (Travelers Insur.) and the adjuster stated I needed to go onto the roof. I stated I wouldn't do that. The adjuster then called me and stated he would come past the home and take pictures. The same adjuster called and stated he... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Sep 6, 2020

It's likely because there is not a lot of assistance available for the situation you described. An insurance company has a quasi-fiduciary and contractual obligation to adjust, investigate and ultimately resolve your claim. They do not stand in the position of a creditor.

1 Answer | Asked in Criminal Law for Maryland on
Q: My mate is incarcerated they wrote him a ticket saying he was possessing a phone. They never caught him with a phone

They are saying they have data of his voice and is saying that it’s a phone number that’s on his phone list and another person phone list

Eric Todd Kirk
Eric Todd Kirk answered on Sep 3, 2020

It's difficult to understand the nature of the charges your friend faces. Of course it's not illegal to possess a phone. It sounds like there might be some criminal conduct associated with the use of the phone, but the question is unclear. If you have the statement of charges or statement... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Where can I best find info on Maryland state sentencing and parole procedures?

I would like to find info that can help a family member that was given a life sentence with all suspended but 50 years.

Eric Todd Kirk
Eric Todd Kirk answered on Aug 31, 2020

You will find the most direct source of information regarding sentencing guidelines here:

http://www.msccsp.org/Guidelines/

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law and Libel & Slander for Maryland on
Q: My 14 year old son was accused of sexual assault in the middle of class. After the investigation and no evidence the

court dropped the case. That is including no witnesses. Her parents petition and had it reopened. There is no new evidence and we moved from Maryland to Texas. At what point does this become harassment or slander? At the beginning of this we were upfront with the planned move. So it wasn't... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 29, 2020

A Maryland attorney should advise you on this, but your question remains open for two weeks and time is likely of the essence in any reply or appearance you might need to arrange for. While this is not something you don't already know, it would be advisable for you to consult with an attorney... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Ex husband was arrested a year ago for a domestic Violence charge. Charges were dropped and dismissed. Now he wants to

Regain his job as a police officer and wants me to recant my statement. If I do recant my statement what can happen?

Eric Todd Kirk
Eric Todd Kirk answered on Aug 26, 2020

Potential criminal charges in this situation would involve giving a false statement to a police officer, obstruction of justice and perhaps perjury depending on the context.

2 Answers | Asked in Criminal Law for Maryland on
Q: Is it possible get a theft misdemeanor case dismiss and sealed for a first time offender?

Two citations were given for a scheduled court date. The basis of the charge is shoplifting.

A court date has not been set yet.

Mark Oakley
Mark Oakley answered on Aug 24, 2020

Yes, it is possible, but hire a lawyer to insure that result.

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1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no court date listed after completing a rehab treatment do I have to go back to court ?
Eric Todd Kirk
Eric Todd Kirk answered on Aug 14, 2020

I'm not sure what you mean by "listed". I would say as a general proposition if there is no court date reflected on Maryland's judiciary case search, there is no currently scheduled court date. You should be aware that many cases were rescheduled during the Coronavirus Covid19... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: How likely will a PO check their parolees phone records ?
Eric Todd Kirk
Eric Todd Kirk answered on Aug 11, 2020

It's not possible to tell how likely or unlikely that would be. Parolees have a lessened expectation of privacy in their persons and effects. They may or may not have to get a warrant. Indeed you may have already consented to a review of your phone records as a condition of your release. If a... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Can Cr.9.408.(b) guilty be expunged?

04/10/2005 was the offense date

Eric Todd Kirk
Eric Todd Kirk answered on Aug 10, 2020

It's not specifically referenced. You would likely have to file for a hearing with a judge show good cause.

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1 Answer | Asked in Criminal Law for Maryland on
Q: My felony conviction 16 years ago does not show up on the Maryland case search website. Is it gone?

Distribution of marijuana

Eric Todd Kirk
Eric Todd Kirk answered on Jul 31, 2020

If you had it expunged it could be 'gone.' If it was vacated, it could be gone as well, but presumably you would have received notice. It might be referenced under a different or misspelled name. Moreover, the fact that it might not appear on case search does not negate the conviction.

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