Maryland Criminal Law Questions & Answers

Q: Can a company that is open to the public use the reason of a “barring notice” to obtain a persons ID?

1 Answer | Asked in Criminal Law and Constitutional Law for Maryland on
Answered on Jan 12, 2019
Mark Oakley's answer
Just leave. Only the police can request proof of identity, and then only after they have probable cause to arrest. In DC, there is a limited requirement to provide ID for certain pedestrian (street) offenses without arrest, but that would not apply here.

Q: In the state of Maryland in 2013 was 1st-degree burglary a violent crime? And has it changed

1 Answer | Asked in Criminal Law for Maryland on
Answered on Jan 10, 2019
Mark Oakley's answer
Yes, it's been defined that way since at least 1999.

Q: Does a doctor break any laws dating a former patient?

1 Answer | Asked in Criminal Law, Family Law, Health Care Law and Medical Malpractice for Maryland on
Answered on Dec 27, 2018
Cedulie Renee Laumann's answer
As with many things legal, whether a romantic relationship is legally problematic will depend on the circumstances. Was the doctor pursuing the patient while treating or did the romantic interest arise well after the termination of the doctor/patient relationship? Was the doctor/patient relationship a single visit without dependency or was this a long-term counseling situation? Besides all that, is the doctor in a practice / group with rules about such relationships?

Off the top of...

Q: Is code TA-16-101(A1) A JAILABLE OFFENSE

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Answered on Dec 23, 2018
Mark Oakley's answer
Yes, up to 60 days. Hire a lawyer and get the charge dropped or amended down to a non-jailable offense, which will avoid the VOP. Be aware, failure to notify your PO of the new charge will be a VOP all by itself.

Q: Re-opening a stet (I know I can file for early expungement, but I feel like this never works)

1 Answer | Asked in Criminal Law and Sexual Harassment for Maryland on
Answered on Dec 20, 2018
Mark Oakley's answer
Do not just file to set the case in for trial. Hire a lawyer to contact the SA to remove the case solely for the purpose of entering a nolle prosequi.

Q: Can we sue that person?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Dec 19, 2018
Mark Oakley's answer
Yes, you can sue on the following theories: (1) malicious prosecution; (2) abuse of process; (3) defamation of character: and (possibly) (4) intentional infliction of emotional distress. To win, you will need to prove her allegations were both untrue, and that she knew they were untrue when she filed the charges.

Most lawyers will charge you money to bring such a suit. Unless she has money or assets to easily attach to pay a judgment, you may be throwing good money after bad....

Q: Is conspiracy to distribute CDS not Marijuana considered a violent crime to the parole board

1 Answer | Asked in Criminal Law for Maryland on
Answered on Dec 16, 2018
Mark Oakley's answer
It’s not a violent crime, so it should not be.

Q: why can i not drive my historic car on the weekend?

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Answered on Dec 11, 2018
Mark Oakley's answer
If you received a citation then the code section alleged to be violated must be printed on it. I am not aware of any weekend prohibition. So long as your historic vehicle is not a truck over 10,000 lbs. or a camper over 25 years old, then A vehicle registered as historic cannot be used for general daily transportation, or primarily for the transportation of passengers or property on highways. It can only be used in exhibitions, club activities, parades, tours, occasional transportation and...

Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Answered on Dec 7, 2018
Cedulie Renee Laumann's answer
The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

Q: I recently terminated an employee. That employee has filed false BBB claim and libelous posts to FB. Is this criminal

1 Answer | Asked in Criminal Law and Libel & Slander for Maryland on
Answered on Nov 29, 2018
Joseph D. Allen's answer
It appears at first blush that the only potentially criminal action here would be the "gunning for [you]" comment- but that is susceptible to various interpretations. The rest is potentially a civil claim for defamation, but those cases are difficult and highly fact-specific. Another thing to consider is whether you could collect from the ex-employee on any judgment you might obtain. You may want to consult an attorney. You might also want to contact the BBB and complain to them about the...

Q: Is it possible for a 4th degree burglary charge to get lower to a criminal trespass ?.

1 Answer | Asked in Criminal Law for Maryland on
Answered on Nov 26, 2018
Mark Oakley's answer
You will not know the answer to your questions until you sit down with a lawyer, the lawyer goes over all the facts and charges, and then the lawyer has an opportunity to discuss the case with the prosecutor. Too many facts and other considerations go into such negotiations, and predicting a specific outcome is impossible. However, charges are often negotiated downward to lesser ones during plea bargaining. Most lawyers offer an initial free consultation. Take advantage of that.

Q: Buying a car with lien

1 Answer | Asked in Criminal Law, Products Liability, Public Benefits and Small Claims for Maryland on
Answered on Nov 23, 2018
Mark Oakley's answer
You get the payoff amount on his loan, and have your bank issue a cashiers check payable to the sellers auto loan company and put the check in an envelope addressed to the lender, and drop it in the mailbox in each other’s presence. Have a second check issued (or cash) to the seller for the rest of the purchase price. The seller hands you the title signed by him on the back, and you take the title to the MVA together with a bill of sale the two of you sign stating the sale price and the...

Q: Would a private investigator send you a text basically saying they are watching you

1 Answer | Asked in Criminal Law for Maryland on
Answered on Nov 15, 2018
Mark Oakley's answer
I think they are just trying to make you paranoid. They appear to be succeeding.

Q: Can assume:OFFENSE CODECR.3.203: Can this include knowingly passing on HIV?

1 Answer | Asked in Criminal Law for Maryland on
Answered on Nov 9, 2018
Mark Oakley's answer
No, it would not be charged as assault under that section, but under the Health-General Code, Section 18-601.1. Knowingly engaging in conduct that can transfer HIV to another without consent is a misdemeanor carrying 3 years in jail and a $2,500 fine.

Q: I got into a fight with my sibling. Over reacted and called the cops. Can I refuse to testify at his trial?

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Answered on Oct 31, 2018
Mark Oakley's answer
You cannot refuse to testify, but you can make your wishes known to the prosecutor that you do not wish to proceed.

Q: Has anyone in the Maryland area ever defended a case where a police officer equipped with a body cam bumped into a

1 Answer | Asked in Criminal Law for Maryland on
Answered on Oct 20, 2018
Mark Oakley's answer
Most experienced lawyers have argued probable cause at suppression hearings, and officers not being honest about the reasons for their probable cause is nothing unique. However, the body cam video will have to be reviewed in detail, and what that shows may or may not support your version of events. You should have a lawyer. The lawyer will obtain the video and review it as well as all the surrounding circumstances. If the prosecutor agreed to drop the charges in exchange for you completing a...

Q: caseworker for CPS sexually assaulted a child never investigated child is now an adult can she sue CPS n caseworker

1 Answer | Asked in Criminal Law for Maryland on
Answered on Oct 16, 2018
Joseph D. Allen's answer
This depends on when the assault occurred, and the statute of limitations that is applicable. For more recent incidents of abuse (after October 1, 2010), the statute of limitations is extended to age 38. The older the assault is, the more restrictive the statute of limitations is. You should consult with an attorney to discuss your case.

Q: My son was sentence to 20yrs all but 7 suspended he was 17 when arrested and 18 when sentence. What does this mean

1 Answer | Asked in Criminal Law for Maryland on
Answered on Oct 13, 2018
Mark Oakley's answer
It means he was charged as an adult, and will serve a 7 year jail sentence. In Maryland, he will earn good time credits of 5 days per month off his sentence. Work and participating in counseling programs can earn him more credits. If he was sentenced for a violent crime, he will have to serve 50% of his time before being considered for parole (early release), or for nonviolent crimes he can be eligible after serving 25%. Once he’s released, he may be surpervised on parole or on probation (if...

Q: What happens if a child accidentally ingested marijuana infused cookie, child taken to ER. ER Dr. Refers to CPS.

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Answered on Oct 5, 2018
Gary Kollin's answer
You definitely need a lawyer. Before you speak to anyone you to consult with the lawyer

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