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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: If a young male keeps asking an older lady for money what can be done?

She lives alone,he is 19 years old,he has gotten abt $500 from her. She felt intimidated once. I want to handle him.,but your answer may stop me from him and his dad. I told his dad, he said he is a grown man.....

Mark Oakley
Mark Oakley
answered on May 21, 2022

Call the police, have them investigate it as elder financial abuse. They can talk to him and scare him off. Of course, if he’s in your mother’s neighborhood then it may make things uncomfortable. If things escalate she can seek a protective order (peace order). If she has other neighbors... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Can you get in trouble for being with one another

It's a second degree assult case where my boyfriend and I were fighting police got involved and he got arrested the judge told him he wasn't allowed to contact me but I have contacted him can he get arrested if we get back together since I contacted him not vise versa

Mark Oakley
Mark Oakley
answered on May 17, 2022

Yes, he is violating a condition of his release on bond by having contact wth you. It does not matter that you are the one who initiated the contact. Of course, the police likely have no way to know about any contact, until the two of you get into another fight and police are called again, and... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: If fleeing from police on foot and officer is hit by a car is the suspect responsible and what charge would they face
Scott Scherr
Scott Scherr
answered on May 12, 2022

The suspect can face charges such as failing to obey a command from a police officer among other charges. I do not think that the suspect could be criminally responsible for another car striking the officer during the chase.

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1 Answer | Asked in Criminal Law, Federal Crimes and Military Law for Maryland on
Q: Does veterans status play in drugs charge with a side arm ( pistol) on the outcome?
Eric Todd Kirk
Eric Todd Kirk
answered on May 12, 2022

If you have been charged in Baltimore City, you should see if you are eligible for Veteran's Court.

1 Answer | Asked in Criminal Law and Employment Law for Maryland on
Q: federal ID application with a misdemeanor conviction (10 years ago)

Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges or convictions exist.

Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI... Read more »

Scott Scherr
Scott Scherr
answered on May 6, 2022

You will be eligible for expungement 15 years after the end of probation/parole which looks like it will be in 2024. If you received probation before judgment, it can be expungement now. They will definitely see the conviction in the background check. All you can do is be honest and disclose it and... Read more »

1 Answer | Asked in Criminal Law and Employment Law for Maryland on
Q: CAC (federal) ID application with a misdemeanor conviction (10 years ago)

Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges convictions exist.

Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI (low... Read more »

Mark Oakley
Mark Oakley
answered on May 6, 2022

The FBI performs all criminal background checks for federal agencies, and they use the FBI's internal (non-public) database (which is different from the FBI nationwide database generally used by state and local law enforcement and private employer background checks). The distinction is... Read more »

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: can you get a pbj back once it's taken from you

I pleaded guilty to a 2nd degree assault charge which resulted into a pbj but then a few years later I got another charge and my pbj was taken by the judge is there anyway I can get it back its not expundgeable without the pbj is it possible to appeal or go back to court

Scott Scherr
Scott Scherr
answered on May 1, 2022

From the date the judge reinstated the conviction, you have 30 days to appeal and 90 days to file a motion to modify your sentence.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is con obstruction of justice able to be expunged in Maryland if found guilty

It has been at least 5 years since I was found guilty and I received probation for it

Scott Scherr
Scott Scherr
answered on Apr 28, 2022

If you received probation before judgment, it can be expunged now. If you did not receive probation before judgment and were convicted, there is a 10 year waiting period from the end of parole or probation for obstructing or hindering. You may want to make sure you are eligible by discussing with... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Will this count as a violation of probation?

My boyfriend was locked up Tuesday after a trial on a crime that occurred in July 2021. He was sentenced to probation in November 2021 for a different crime. Will this sentencing count as a violation of probation because even though the crime that he was sentenced for took place before he was on... Read more »

Scott Scherr
Scott Scherr
answered on Apr 22, 2022

No, it is not a violation because the crime took place before he was put on probation.

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: I want to be an attorney that represents individuals who are wrongfully convicted, who are on death and children given

Children given crazy sentences. In my head I always thought that was criminal defense law, public interest because I want to help the poor. However afte researching things it seems like. This sometimes fall under civil rights attorney so I am confused under which one it falls under?

Scott Scherr
Scott Scherr
answered on Apr 21, 2022

There are two components at play here. First, you have the criminal case. A criminal defense attorney would fight to overturn the criminal conviction. If that is successful, a civil rights attorney may seek compensation for damages caused by the wrongful conviction.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was convicted of a felony, Burglary 2 back in 2008 in Maryland. Can i have that removed from record?
Scott Scherr
Scott Scherr
answered on Apr 21, 2022

Second degree burglary convictions can be expunged 15 years after the end of sentence/end of probation assuming all other criteria are met. You are not eligible yet.

If you received probation before judgment, it can be expunged now assuming all other criteria are met.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Habeas corpus. Is this a good thing or a bad thing? What can I do to help him?

My fiancé has an open case from a few months ago regarding a dispute between us. He had a no contact order in place, which we BOTH broke. He was arrested the other day and has had 2 bail hearing since then where he is being kept without bail, and commitment pending hearing. His public defender has... Read more »

Scott Scherr
Scott Scherr
answered on Apr 21, 2022

If bail is denied, a defendant can file for a writ of habeas corpus asking in the Circuit Court that he be released until trial. If it is granted, he would be released from jail until the trial date.

1 Answer | Asked in Criminal Law for Maryland on
Q: I received a letter saying that the state is requesting a nolle prosequi for the purpose of “EMS/mg” what does this mean
Scott Scherr
Scott Scherr
answered on Apr 13, 2022

A nolle prossequi means that the State has decided not to prosecute the case and is dropping the charge. The State can refile charges if it chooses to later on. I do not know what "EMS/mg" means. I would suggest calling the court to inquire.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I get my misdemeanor theft conviction expunged in MD from 1999? The statute code is 27.342
Scott Scherr
Scott Scherr
answered on Apr 11, 2022

It can be expunged if you are otherwise eligible for expungement. A probation before judgment for theft can be expunged after three years. A conviction for theft can be expunged 15 years after your sentence and probation are complete. You should speak with a lawyer.

1 Answer | Asked in Criminal Law for Maryland on
Q: My husband has a v.o.p but he was charged with a crime but it was dismissed he goes to court April 18th
Scott Scherr
Scott Scherr
answered on Apr 11, 2022

The VOP may be dismissed or it could proceed to hearing. It depends on the State's Attorney. The standard of proof is lower for a VOP (preponderance of the evidence) then a criminal charge (beyond a reasonable doubt). Your husband should retain an attorney to represent since there is no... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can a Prosector use false evidence against a defendant in a criminal felony case?

The 1st degree rape case was dismissed due to the evidence provided by the officer, a Spanish misinterpreter, added false narratives of force on a Tinder date. The alleged victim admitted on cop cam that she planned to sleep with him and no crime was committed. The officer ignored her reason for... Read more »

Mark Oakley
Mark Oakley
answered on Mar 30, 2022

Hire a crimial defense lawyer. This is not somethng you post on a public forum, which is open to law enforcement, and accessible by the very same prosecutor you are accusing of suborning perjury. Your factual details almost certainly identify who you are to those who are familiar with the case.... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What is the average sentence for 1st degree assault, with a handgun, and reckless endangerment? Thanks
Mark Oakley
Mark Oakley
answered on Mar 29, 2022

The handgun is a mandatory 5 years, and first degree assault carries up to 25 years, but a plea deal may avoid those specific charges (e.g., plea to second degree assault, no handgun). Otherwise, it all depends on the facts and circumstances of the crime, including whether there was victim injury.... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Why would lawyer ask for speedy trial after requesting motion to suppress evidence?

Lawyer requested evidence, then requested to supress etc, then asked for speedy trial.

Mark Oakley
Mark Oakley
answered on Mar 8, 2022

Sounds like the lawyer filed an omnibus motion raising common motions that may or may not prove useful, but where failure to raise them may result in waiver of the relief later, or cause more difficulty raising them later. As for a speedy trial demand, in the very rare scenario where a defendant... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: my defense lawyer deliberately lie and state that I shot someone when I did not

This was at sentencing to influence the judge for a plea deal the video doesn’t show a shooting

Mark Oakley
Mark Oakley
answered on Mar 5, 2022

A lawyer would have to know a whole lot more about your case, the evidence against you, the terms of the plea deal, the full nature of all the charges and what charges are being dropped--and any agreed cap on potential sentence of incarceration-- which is part of the deal based on what you are... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Lawful to record phone call conversations with law enforcement without their prior notice or without permission?
Scott Scherr
Scott Scherr
answered on Mar 3, 2022

No, this is a crime. You cannot record any phone calls without the consent of all parties.

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