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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: Will having 3 counts (one for each message) of violation of protection order not allow me to practice law?

I plead in 2023 and won't be attending law school until 2027. That was my first time and last ever getting in trouble. It was an overall abusive 7 year relationship from HS until our early 20's; Verbally/emotionally from me and physically from my girlfriend. Only reason I decided to plead... View More

Scott Scherr
Scott Scherr
answered on Feb 23, 2024

You will need to divulge the convictions on all applications to the bar. The character committee will review your application and there may be an investigation to evaluate your fitness and character. The Committee then makes a recommendation to the Board of Law Examiners which could hold a formal... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In the state of Maryland can you be charge with both 5.612 and charge 5.602 together or will the two merge into one

CR.5.612 Charge description: CDS possession-large amount

CR.5.602 Charge Description: CDS possession W/I Distribute Narc

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

They do not merge because the two offenses have separate elements, specifically, the possession of over a specific weight or amount of CDS is a separate element of that offense, which is not present in the possession with intent to distribute charge, if it does not contain the same enhancement... View More

1 Answer | Asked in Criminal Law and Libel & Slander for Maryland on
Q: Can a video be posted

I was recorded on video tape taking a tablet at the gym. I returned it.

the tablet has been there for over a week I thought it was a forgotten item.

Can the video be posted? On social media

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

You were in a publicly accessible place, not in a place where you had an expectation of privacy. So yes, it could be posted. However, if the posting intentionally or suggestively puts you in a false light, such as accusing you of being a thief, you might have a defamation of character claim, and... View More

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Regarding detective leave card on my door

A detective left a card on my door and after I called back he said the police station department has been getting lots of harrasment annoying phone calls and traced back the phone numbers IP adress to my house.He said if they get any calls he will charge everyone inside my house with... View More

James L. Arrasmith
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answered on Feb 5, 2024

If a detective has contacted you regarding harassment calls traced back to your house's IP address, it's crucial to take this seriously while also understanding your rights. Legally, charging someone with harassment requires evidence that the individual intentionally participated in the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I plead guilty in Maryland to working without a contractor license

I have plead guilty my lawyer filed a motion within 90 days for reconsideration I want ti get my guilty plea changed from guilty to PBJ its holding me back and I can’t get this other charged due to this if someone can please help me it would be greatly appreciated thank you

T. Augustus Claus
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answered on Feb 1, 2024

If you've already pleaded guilty to working without a contractor license in Maryland and your lawyer filed a motion for reconsideration within the 90-day window, you've taken the initial steps to address the situation. However, changing a guilty plea to a Probation Before Judgment (PBJ)... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I plead guilty to working with a contractor license in Maryland 2023 my previous lawyer filed a motion for

Reconsideration within 90 days I was ordered to pay restitution which that will be paid off within 90 days what is my chance of convincing the judge to switch the guilty plea to a PBJ and what is my chances I am trying to change my life and this charge is preventing me from getting another charge... View More

Mark Oakley
Mark Oakley
answered on Feb 1, 2024

Need to know more about your other charges and criminal history. But ordinarily, there is a reasonable expectation that a judge will grant reconsideration and convert your guilty conviction to a PBJ, assuming you perform well on probation and comply with all conditions. If this sentence just... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

Mark Oakley
Mark Oakley
answered on Jan 23, 2024

Pursuant to Maryland Rule 4-242(h):

(h) Withdrawal of Plea. At any time before sentencing, the court may permit a defendant to withdraw a plea of guilty, a conditional plea of guilty, or a plea of nolo contendere when the withdrawal serves the interest of justice. After the imposition of...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

James L. Arrasmith
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answered on Jan 23, 2024

If your brother feels he was coerced into making an Alford plea by his lawyer, it may be possible to seek new counsel and attempt to withdraw the plea. An Alford plea, where a defendant maintains their innocence but acknowledges that the prosecution's evidence would likely lead to a... View More

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1 Answer | Asked in Criminal Law and Identity Theft for Maryland on
Q: Someone I know used my ID after getting drug charges in Frederick MD

I left my wallet in my previous roommate’s car by mistake. She and 3 other friends of hers left from our VA home to visit someone in MD and I didn’t really think much of it when they returned one of her friends immediately handed me back my wallet. Time goes past, I move out and start a family,... View More

Mark Oakley
Mark Oakley
answered on Jan 14, 2024

Hire a lawyer to present your evidence to the prosecutor’s office in order to clear your name and have the correct person charged. You will need to identify your friend or friends who used your identity. It is unclear how you know exactly which one used your identity. This happens more often than... View More

2 Answers | Asked in Federal Crimes and Criminal Law for Maryland on
Q: can i have felony conviction of aiding and abetting (tax fraud) expunged after 25 years in state of maryland

no jail time, ordered to pay restitution for 3 years..

James L. Arrasmith
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answered on Jan 13, 2024

In Maryland, expungement eligibility for a felony conviction like aiding and abetting in tax fraud depends on various factors, including the specific circumstances of your case, the type of conviction, and your criminal record since the conviction.

Generally, Maryland law allows for certain...
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1 Answer | Asked in Criminal Law for Maryland on
Q: If I wait 18 months of my probation, is not getting a job a good cause of expungement even if the wait is 5-7years?

i already used my pbj. and now im with a 2nd degree assault. the arrest is the problem with the "attempted murder" when i had witnesses. no one will hire me. i dont trust the police now and i dont even trust my lawyer now.

Scott Scherr
Scott Scherr
answered on Dec 30, 2023

If you received probation before judgment, you can seek a "good cause" early expungement for second degree assault. It is a legitimate and valid reason to get an early expungement if you cannot find work. The decision will be up to the judge.

If you did not receive a PBJ, you...
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1 Answer | Asked in Criminal Law for Maryland on
Q: My question before was if I can get my 2nd degree assault charge expunged before 7 years because the arrest was is terr

My arrest was 100 times what it shouldve been and I cant get a job. No one cares about the 2nd degree assault, but they care about the arrest. "If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or... View More

Scott Scherr
Scott Scherr
answered on Dec 29, 2023

If your attorney filed a motion for modification of sentence within 90 days and asked the judge to hold it sub curia, then your attorney can ask the court to schedule a hearing to determine whether the conviction should be modified to probation before judgment. If it is modified to the PBJ, the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years...

In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years... Its not the 2nd degree assault that's the problem since its a misdemeanor, but the cop over charged me 100 times what it should have ever been charged. Now its hard to find jobs off of the arrest, not... View More

Scott Scherr
Scott Scherr
answered on Dec 29, 2023

If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or sooner for good cause. If the conviction was intact, then it depends whether the assault was a domestic incident. If it was not, the waiting period is 7... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How do I find a Pro Bono Defense Attorney for my daughter in Maryland?

Need someone who is familiar with military court. Although, my daughter is not in the military, she works on the base in the Child Care Center.

Mark Oakley
Mark Oakley
answered on Dec 22, 2023

The Public Defender’s Office provides free representation in criminal cases for defendants who meet the financial requirements. If the case is pending in federal court (United States District Court or before a U.S. Magistrate), then she (not you) needs to apply for representation with the Federal... View More

2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.

I am trying to find out if these charges can be expunged in Maryland?

Mark Oakley
Mark Oakley
answered on Dec 15, 2023

Felony convictions of possession with intent to distribute are expungeable after a period of years, ranging from 3, 7 and 10 years after all terms of the sentence and probation are completed depending on the nature of the controlled substance (cannabis being in the shorter range) and the specific... View More

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2 Answers | Asked in Criminal Law, Civil Rights and Constitutional Law for Maryland on
Q: I have a CDS conspiracy to distribute and a CDS distribute. Both charge are felony with a guilty. Charges are from 1992.

I am trying to find out if these charges can be expunged in Maryland?

James L. Arrasmith
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answered on Dec 14, 2023

The process of expunging criminal records, especially for felony charges, varies significantly by state and the nature of the charges. In Maryland, the laws regarding expungement have specific criteria that must be met for a record to be eligible.

For charges related to Controlled Dangerous...
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1 Answer | Asked in Criminal Law for Maryland on
Q: My fiance was found guilty of drug paraphernalia and giving false name to avoid prosecution, she was given an 180 day

Sentence all suspended but , 30 days with 2 years of unsupervised probation. She is a two time felon and once released from these charges she goes right back to court for trespassing and malicious destruction of property. If found guilty will she violate her unsupervised probation and have to... View More

Mark Oakley
Mark Oakley
answered on Dec 13, 2023

Whether she does her back-up time is up the the judge at the VOP hearing, but that is what she is facing. She has to be found guilty of the VOP first. That will typically depend on whether she is found guilty of the trespassing and malicious destruction of property. Therefore, her focus should... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Ex arrested for first degree assault on me. Should I show up on his court date, if not subpoenaed? To tell my side?

He was arrested for first degree assault, I called the cops for help..I'm being charged in return with 2nd degree assault because right before I passed out from strangulation I reached up and scratched his face to get him to stop. I never would have called for help if I new it would just come... View More

Scott Scherr
Scott Scherr
answered on Nov 29, 2023

You will need to appear for the charges against you or a warrant will be issued for your arrest. You should have an attorney representing you. You should either retain private counsel or go to the Public Defender.

Your attorney can advise you of the best way to proceed which may mean...
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2 Answers | Asked in Criminal Law for Maryland on
Q: Ex arrested for first degree assault on me. Should I show up on his court date, if not subpoenaed? To tell my side?

He was arrested for first degree assault, I called the cops for help..I'm being charged in return with 2nd degree assault because right before I passed out from strangulation I reached up and scratched his face to get him to stop. I never would have called for help if I new it would just come... View More

Mark Oakley
Mark Oakley
answered on Nov 29, 2023

If you do not show up, and have not been subpoenaed, there is no direct consequence to you if you fail to appear; however, without you present, his charges will be dropped. Your charges will still be pending, and he may show up at your case and testify against you, so you risk having a conviction... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: How can I get credit credit for the restitution payment if my co defendant paid it in full and it was jointly/severly?

Me and co defendant were ordered to pay restitution jointly and severly. The co defendant paid the restitution and received credit for the payment. If it was jointly and severly with co defendant don’t we both get credit for the restitution and if so how does the co defendant get credit for the... View More

James L. Arrasmith
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answered on Nov 19, 2023

In a situation where restitution is ordered jointly and severally, if one co-defendant pays the entire amount, it usually satisfies the obligation for all parties involved. This means that if your co-defendant has paid the full restitution, legally, the debt is considered paid for both of you.... View More

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