The standard on the water is a different one than applied on the nation's roadways with motor vehicles in terms of constitutional law elements. The U.S. Coast Guard has broad powers to board vessels. Good luck
The judge denied a motion to "suppress all evidence relating to a confession made before being Mirandized" but is on record granting the motion for the defense. It seems the judge was being sarcastic when granting it and actually intended to deny it. The defendant was later found guilty.... Read more »
Can You File A Motion To Modify A Court Case Filing Date. Or Can It Exist In The Existing Motion. Example 1. ....The Motion Was To Be Filed On January 01 2020 But It Was Filed On January 01 2022 ( A Motion To Correct) (A Motion To Correct Such Things) Example 2. Hebrew Calendar 5781 Gregorian... Read more »
No. The date of filing is the date the clerk stamped it received in the clerk's office of the appropriate court. A judge cannot alter by motion, order or otherwise the filing date. There may be an order granting a motion to excuse a late or untimely filing, but that would depend on the...Read more »
Adverse possession is a civil legal concept. In Maryland, it is an inchoate claim that must be brought in court. Once all elements are proven, a court may grant possession and authorize recording of an instrument that includes the possessed property.
We have a friend who is at high risk of suicide. She was just released from a county detention center because of a violent altercation with her family during the suicide attempt and is legally obligated to receive an ankle monitor tomorrow.
We plan to transport her to the ER to be admitted... Read more »
If she is on pretrial release, she would run the risk of being revoked, and possibly charged with other offenses. Under the circumstances, you should coordinate closely with pretrial services and the court, and follow their guidance.
Yes. All criminal offenses are entered into an FBI nationwide database. It’s what is consulted for criminal background checks. All law enforcement agencies nationwide are required to put criminal charges and case dispositions into the database. The only way to remove a record is if the charge...Read more »
What's valid is your signature under the acknowledgement paragraph that states you have fully read and understand all the rights afforded to you at trial, and that you are knowingly and voluntarily waiving those rights by entering the plea of guilty. What is also valid is your standing silent...Read more »
Habeas Corpus relief does not guarantee that there will be trial transcripts to support whatever it is you are arguing that meets the basis for receiving such an extraordinary remedy. Defects in guilty pleas are generally raised by post plea/sentence motions to vacate or reconsider, or by appeal,...Read more »
Search warrants are directed at locations, an address, a premises. It does not matter who owns or is in possession of the premises, and permission and notice to anyone is never required. So long as the warrant is issued based on probable cause to believe evidence of a crime can be found at the...Read more »
A prosecution for Criminal Code Section 3-804 has no statute of limitations. Maryland largely abolished the statute of limitations for any crime that carries the possibility of imprisonment, and this offense carries up to 3 years. There are numerous exceptions for specified misdemeanors that have...Read more »
You should not be going to a jury trial without a lawyer. if you have a lawyer, you should be asking this question of your lawyer. It is not uncommon for prosecutors to play hardball with plea offers, steadily ratcheting up the seriousness of the crimes they are willing to let a defendant plead...Read more »
Mike is our landlord. Jeff rents the house from him and his name is on the lease. Jeff is subletting to me, and two other roommates. Jeff moved out but is still on the lease. We have been sending him rent money and utility money to pay the landlord and utilities (in his name). We found out today he... Read more »
It sounds to me like you need to get out in front of this with the landlord as well as the sub landlord. It might be a good idea to review the lease between Mike and Jeff to see if he had the right to sublet. It is likely that you may be evicted, and if the PEPCO bill is in your name, you might...Read more »
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