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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Consumer Law and Criminal Law for Maryland on
Q: I bought a vehicle from someone who rolled back an odometer. Can I sue them for the full price + repairs for vehicle?

I bought a vehicle from someone in Laurel Maryland (private party) and i have proof from Pennsylvania State Police that the individual rolled back the odometer almost 70,000 miles. After fussing with them back and fourth, they said they will take the car back for ONLY the price I paid them for it,... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 18, 2020

That may or may not constitute a crime. You certainly could report it to the applicable state's attorney's office. Your best bet is likely to consult with the Attorney General or an attorney in private civil practice.

2 Answers | Asked in Criminal Law and Estate Planning for Maryland on
Q: When does the beneficiary receive a copy of the Will?

Executor is one of the 3 benificary. 2 siblings have seen the Will only telling the third that the house is listed to be divided equally. 3rd has not seen the Will. Has asked for a copy & is ignored. The individual passed away 12/14/2019. What happens when a house is involved in an inheritance of 3... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 13, 2020

After the probate case is opened to probate the will, the will becomes a public document. You can go to the court yourself and obtain a copy or send a paralegal or even a friend to obtain a copy for you.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can I have this charge expunged

Three identicle charges for one incident. Found not guilty, pbj, and guilty with pbj sentence attached.

Robert Charles Bonsib
Robert Charles Bonsib answered on Feb 2, 2020

If you received a PBJ (except for DUI) in most instances you are eligible for an expungement after three years. In some instances, if you can convince a court that you have good cause - you may be permitted to file for an expungement earlier than three years - but generally it would not be until... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: How much time can one get for their second VOP in Maryland?

Sentence to one year in 18 months suspended and 5 years probation. I have one year left on my probation.

Mark Oakley
Mark Oakley answered on Jan 30, 2020

You can get all your backup time. Hire a lawyer.

1 Answer | Asked in Criminal Law for Maryland on
Q: How can I have a criminal warrent squashed ? How can I turn a warrent into a summons?
Mark Oakley
Mark Oakley answered on Jan 29, 2020

It depends on the reason for the warrant having been issued. If it was for failure to appear for trial, then it can be recalled by motion filed by your lawyer, and a new trial date scheduled. If the warrant was issued as a result of an original criminal investigation, with an application for an... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Hi, what does "CON" indicate in CON-ARMED CARJACKING (CR 3-405(c)? Thx!
Mark Oakley
Mark Oakley answered on Jan 29, 2020

Conspiracy to commit the crime alleged

2 Answers | Asked in Criminal Law for Maryland on
Q: My wife and I were arguing one evening and our 14 yr old daughter called the police because our arguing was "annoying"

At one point I was walking away from my wife and she put her hand on my arm and said "honey please dont walk away from me, let's talk". I then pulled my hand from my pocket and my pinky finger got stuck in my pocket and i dislocated it. I popped it right back in place and put a splint on it....it... Read more »

Mark Oakley
Mark Oakley answered on Jan 25, 2020

Your wife needs an attorney and you should discuss this with her attorney. You cannot be compelled to testify against your spouse, but your daughter can. Your wife’s attorney can talk to the prosecutor.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Charged with misdameanor second degree assualt. Do I have to report it to state insurance comissioner?

Met with commissioner more than thirty days ago, have not had initial court appearance, did I wait too long to report, and is there disciplinary action for that?

Stephen P. Shepard
Stephen P. Shepard answered on Jan 5, 2020

I believe your question should be directed to an employment law attorney.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is an inmate, having been found guilty and has been incarcerated 7 yrs. of a 20 yr. sentence, eligible for an 8-580

program and what are the guidelines for his acceptance ?

Stephen P. Shepard
Stephen P. Shepard answered on Jan 5, 2020

Probably. Md. Code Health General 8-505 provides that, after sentencing, the court may order the Department of Health and Mental Hygiene to evaluate a defendant to determine whether, by reason of drug or alcohol abuse, the defendant is in need of and may benefit from treatment if: (1) It appears... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Hi what does consent motion mean? The case was moved to circuit court, it says subsequent offender/ additional penalty

It also says consent- reschedule status/ settlement conference.

Robert Charles Bonsib
Robert Charles Bonsib answered on Jan 1, 2020

While there are not enough details in your questions to be certain what the entry may mean - it sounds like there had been a status conference scheduled that was rescheduled by consent of the parties. If you have an attorney, your attorney may have agreed with the prosecutor to reschedule the... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Can they charged me a storage fee?

A relative was using my camper/rv to stay in for a little while with his girlfriend. The camper/rv has been parked on a friends property for about 3 months now. My relative got arrested a few nights ago and I am trying to get my camper/rv off his property as soon as possible, but they are saying... Read more »

Mark Oakley
Mark Oakley answered on Dec 31, 2019

You’re going to need to file a complaint for replevin, and I recommend you use a lawyer.

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Is it against the law for a step brother and step sister to get married?
Mark Oakley
Mark Oakley answered on Dec 24, 2019

So long as they do not have a biological parent in common, and so long as the youngest one is at least 16 and not living in the same household as the older one who has turned 18 already, and the older one is not otherwise in a position of authority over the younger one, then legally the two could... Read more »

1 Answer | Asked in Criminal Law and Divorce for Maryland on
Q: What is the legal penalty in Maryland for non payment of a court ordered judgment of 35,000 that has not been paid?
Mark Oakley
Mark Oakley answered on Dec 24, 2019

For ordinary civil judgments, like credit card debts, contracts, and the like, the judgment simply accrues 10% simple annual interest. Not paying it has no other penalty. For certain types of debt obligations, such as in Family law cases, including court ordered child or spousal support, in... Read more »

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Living in section 8 and guest won’t leave the premise

I have a friend who lives in section 8 housing, she has a family member who stayed the night and now he will not leave, he’s been there for a week already because he refused to leave, She’s very afraid, he will not allow her back in her house and has also threaten her life, what can she do... Read more »

Mark Oakley
Mark Oakley answered on Dec 21, 2019

She can go to the District Court Commissioner’s Office, fill out a petition for protection from domestic violence, and if granted the Commissioner will issue an order of protection forcing the family member out and to stay away. It will be served by the Sheriff or police and he will be forcibly... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Maryland on
Q: Can speed cameras be used to charge someone with reckless driving in Maryland?

The Maryland government website says there’s a flat fee of $40 for anyone caught by a speed camera driving 12mph or more over the limit. My sister (a VA driver, if that matters) believes she may have been going 25mph over. Completely on accident — was distracted and didn’t realize she’d... Read more »

Mark Oakley
Mark Oakley answered on Dec 20, 2019

No. Speed cameras can only issue citations for speed, and in any event, speed alone (unlike in VA and DC and some other states) cannot be he sole basis for charging reckless driving in Maryland. FYI, payment of the fine does not result in points and cannot be considered by an insurance company in... Read more »

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: My fiance has a 2nd degree Assault warrant from a year ago when I called the police. We are still together. What to do?

We still live happily together with no problems after. What should we do to get rid of the warrant

Mark Oakley
Mark Oakley answered on Dec 8, 2019

Hire a lawyer for your girlfriend because that’s the only way to deal with a warrant short of her simply walking into the police station and being arrested. Maybe the warrant can be recalled, maybe the prosecutor will drop the case if the lawyer can persuade them to, but regardless, she needs a... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Do you think an attorney can get these gun and amo charges dropped at the preliminary trail?

He ran from the police within 24 hrs after he was arrested they found a loaded handgun in the area he was running in and charged him with it. They say it is probable cause and that they slowed down the body cam footage and seen him extending his arm. He did throw weed they found under 10gm so they... Read more »

Mark Oakley
Mark Oakley answered on Nov 29, 2019

Obviously the time lapse between when they saw him running and when they found a gun in the vicinity, and merely “extending his arm”, is very weak evidence he is the one who threw the gun, but all the evidence would have to be reviewed and evaluated before any conclusions can be drawn. He needs... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Is a final domestic protection order a conviction?

Trying to find out if I qualify to purchase a firearm.

I was subject to a protective order, 6 years ago, in a petty domestic violence case, where I was not convicted of the assault but was still placed on a final protective order. It was never disclosed to me exactly when the order... Read more »

Mark Oakley
Mark Oakley answered on Nov 10, 2019

It is not a conviction, because it is not a criminal matter. It is a civil case order. It is not part of a criminal history record.

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1 Answer | Asked in Criminal Law for Maryland on
Q: October 2, police confiscated phone and have yet to get warrant as of today 10/22. Is there a way to get phone returned?
Mark Oakley
Mark Oakley answered on Oct 22, 2019

It depends. Were you arrested? Were you charged? What was the probable cause for seizing your cell phone? Have the police applied for a search warrant for your cell phone? If the police can articulate a basis to believe that the phone contains evidence of a crime, or evidence that will help... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: I need to know why is there a warrant out for me but nothing is on my case search. I just when to court in September.

I call the courts stated attorneys office and they don't see or have nothing

Gary Kollin
Gary Kollin answered on Oct 2, 2019

did you call motor vehicles who sent you the letter

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