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Maryland Criminal Law Questions & Answers

1 Answer | Asked in Criminal Law for Maryland on

Q: My martial privilege has been invoked. There is another charge were I have to testify. What are my options? Maryland

Mark Oakley answered on Jun 11, 2019

You only get to exercise the privilege once when the crime victim is your spouse. Otherwise, in situations where the spouses are not crime-defendant and crime-victim, but are either (1) crime-defendant and crime-witness or (2) a party in a civil case and a non-party witness, the spousal privilege... Read more »

Q: After you have fulfilled all parts of a plea agreement on time, does the state have the right to breach this deal?

Promised early expungement, but new States Attorney doesn't want to grant. Plea deal was reached in Harford Circuit Court, and all components of deal were met in full and on time with no additional problems.

Mark Oakley answered on Jun 3, 2019

If you can prove the terms of the plea deal to specifically include early expungement (which all the state can do is agree not to object to it, or consent to the request, because it is up to the judge to grant such a request), then yes, you can enforce the plea agreement and block the State from... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on

Q: I have been charged with TA-16-101(a1), for not having a valid driving license, however, I showed my Indian license.

I encountered a police officer yesterday night, who charged me with 1M00JJH with Article TA-16-101(a1). Which states that I was driving without required license and authorization. Also charged me with 1LZ0JJH , TA-16-112(c) article, which states Failure of Individual driving on highway to display... Read more »

Mark Oakley answered on Jun 1, 2019

Hire a lawyer. The offense carries the potential for jail time, although that is very unlikely; however, a conviction carries points, which could ultimately add up with other tickets to cause your privilege to be suspended. There are a number of defenses to this charge, and depending on how long... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: When a judge denies a defendant home detention monitoring release can the prison override the judge decision

My husband served 13months before his trial date and at his psi hearing the judge denied home detention and ordered him 2 yrs incarceration but he is seeking to get home detention through the prison. Will he be able to get approved or classified for release although judge denied him home detention... Read more »

Mark Oakley answered on May 30, 2019

Once a defendant is committed to the bureau of prisons, they may place the defendant in whatever facility is permitted by law to house prisoners within their system, and pay consider and grant any early release option provided for under the law, such as a halfway house, etc. if home monitoring is... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: When a judge denies a defendant home detention monitoring, can the prison can override the judge decision

My husband served 13 months before his trial and after his psi hearing the judge denied home detention and he is seeking to get home detention after she gave him 2yrs at his psi hearing for police officer impersonating,being found guilty by the jury case 118065003

Gary Kollin answered on May 26, 2019

This is a run-on sentence. I am not sure what you are asking

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: This is regarding a federal agency being hacked.

I am a consultant for a legal firm representing the complaintive agency in one case against suspect foreign cyber Security Company. I represent the same suspect foreign cybersecurity company in a case against the U.S. cybersecurity company. Can I legally represent both companies? If Not what laws... Read more »

Joseph D. Allen answered on May 16, 2019

Criminal liability in a situation like this might result from defrauding one of the parties- e.g. obtaining something of value (your fees) from them under false pretenses (perhaps that you are not using the confidential info obtained from them in one matter against them in the other matter).... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: I have 2 Charges in MD TA.17.110 &TA.17.107. Is there a statue of limitation?What are the penalties?

I live out of state and had a FTA. I wrote the judge and got the warrant recalled and a new trial date set.

Mark Oakley answered on May 13, 2019

17-110: maximum penalty is 1 year, $1,000, for a first offense; 2 years for a subsequent offense under the same section. Conviction carries 12 points, which will trigger revocation of your license.

17-107: same maximum penalty. Conviction carries 5 points.

Jail is not common for a...
Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: My husband has life with parole. How do we go about requesting a parole review? It's been 27 years and he's never been.

Mark Oakley answered on May 9, 2019

It depends. He or his lawyer may need to review what all of his sentences are, because he could have multiple sentences that were imposed consecutively, and for violent crimes, he must serve 50% of the aggregate sentences before he is eligible, so it depends. So, if he has multiple sentences that... Read more »

3 Answers | Asked in Criminal Law and Real Estate Law for Maryland on

Q: I just became aware that my Siblings forged my name on a deed of a in 2007. I am unsure re SOL.

I had been told house was being rented. We owned the property jointly.

House in MD; I live in AZ

Mark Oakley answered on Apr 28, 2019

Maryland follows the “discovery rule” for purposes of the statute of limitations, meaning the three years SOL for suing for fraud would begin from the time you discovered, or should have discovered, the fraud. Now that you know of the fraud, you must act diligently to protect your rights. That... Read more »

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1 Answer | Asked in Criminal Law for Maryland on

Q: If an alleged child sex abuse victim states nothing happened, can the alleged offender be charged?

Mark Oakley answered on Apr 19, 2019

Evidence of a crime is evidence of a crime, regardless of the source, and regardless of any contradictory evidence. It is up to the judge or jury hearing the evidence to decide what weight to give to the evidence. So, if there is medical or other evidence that supports a finding of abuse, that... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on

Q: My child's father is facing a first degree assault charge and for what if the charge state a weapon had to been used

Mark Oakley answered on Apr 19, 2019

First Degree Assault carries a potential penalty of 25 years in jail. It is a very serious charge, and he needs a lawyer.

First Degree Assault can be charged in either of two factual circumstances: (1) intentionally cause or attempt to cause serious physical injury to another; or (2)...
Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: In 2007- CJIS Code:3-2400Statute Code:27.342. . I only received probation (felony orr misdemeanor

Mark Oakley answered on Mar 24, 2019

The criminal code has changed over the years in Maryland. What you are looking at is a citation to the old Maryland Code, Article 27, Section 342, the general theft statute then in effect in 2007. That section was replaced by the new Criminal Law Article in 2010. It depends on what subsection you... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: I was charged with 3rd degree burglary, trespass private property & theft less than $300 in 97. Convicted only of tresss

This happened in 97. Filed for expungement. Denied because private property tresspass isn't in 10-110. What do I do now? Thanks.

Mark Oakley answered on Mar 18, 2019

Nothing you can do but hope the legislature adds 6-403 of the Criminal Code to the list of expungeable offenses.

1 Answer | Asked in Criminal Law for Maryland on

Q: I looked online and it says petition-violation of probation..do that mean they coming to lock me up or get a court date?

Mark Oakley answered on Mar 3, 2019

Probably means you’ll get a summons to appear. The PO has the option of requesting a warrant for your arrest, but that is not typical. You can call your PO to confirm. Or hire a lawyer to call as well as represent you.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: What the code for fraud in a marriage

Mark Oakley answered on Mar 1, 2019

Maryland courts can grant an annulment to a party who was fraudulently induced to enter into a marriage as part of their general equity powers under Family Law Code Section 1-201(b)(3). There is no stand-alone statute that addressed "fraud in a marriage" and it is unclear what you are referring... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: Will west virginia pick me up in maryland for a misdeamor warrant.

Mark Oakley answered on Feb 7, 2019

West Virginia can transmit the warrant to Maryland and request that it be served by MD law enforcement, but they cannot come here on their own. Unless the warrant is for a serious crime, many times the warrant is simply entered into the national database and as soon as you are stopped anywhere for... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Maryland on

Q: What's the easiest way to find EVERYONE charged with a specific crime in the state?

I am not a lawyer, but I am doing research. I want to find everyone CHARGED with a specific crime in the past 3 years (that are public records). Doesn't have to be literally everyone because I know some are expunged, but whatever I can find with the public records.

Right now what I am doing... Read more »

Mark Oakley answered on Feb 2, 2019

This data is gathered for the state. It’s used for all sorts of purposes. Budgets and resource allocation depend on it. Try calling the Administrative Office of the Courts in Annapolis for direction. The Maryland Sentencing Commission uses this info to update the Maryland Sentencing Guidelines.... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: I'm accused of trespassing on my friends property. What do I do to prove that I had permission to be on said property?

Mark Oakley answered on Feb 2, 2019

(1) you testify under oath that you had permission from a legal occupant to be there, and be believed; (2) a legal occupant of the property testify under oath that they gave you permission to be there; (3) establish through evidence (or point out the prosecutor did not prove) that the property was... Read more »

1 Answer | Asked in Criminal Law for Maryland on

Q: I was denied my handgun permit and I don't have any felonies. Why?

I was denied my hand gun permit and am filing an appeal. I have a misdemeanor charge for petty theft close to 20 years ago. I am a business owner and require my permit for business purposes. I completed all standards and requirements, but was denied due to quote " charged with a crime that carries... Read more »

Gary Kollin answered on Jan 30, 2019

they have a website which discuss criteria.

You can call them and ask instead of asking us to guess

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