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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Gov & Administrative Law for Maryland on
Q: under transportation article 26- 302

under M.D., transportation article 26- 302 if my tags are not on my car but park in front of my house can the officer toe my vehicle?

James L. Arrasmith
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answered on Jun 3, 2024

Under Maryland's transportation article 26-302, if your car is parked in front of your house without tags, an officer can tow it. The law allows for towing of vehicles that are not properly registered or do not display valid license plates, even if they are parked on a public street.... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: can I go to jail or get any charges for taking a package that is mine but not released to me?

I had a package delivered to Walgreens. When I arrived at Walgreens they asked me for my id to pick up my package in which I gave them my id. The delivery address on the package didn’t match my license therefore they told me they couldn’t give me the package. But it is mine. I took my id back... View More

James L. Arrasmith
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answered on Apr 13, 2024

Taking a package from a store counter without the store's consent, even if the package is addressed to you, could potentially lead to legal consequences. This action might be considered theft or larceny, as the store was responsible for holding the package until it could be properly released... View More

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3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

Scott Scherr
Scott Scherr
answered on Apr 7, 2024

You need to speak with your immigration attorney. Do not get your record expunged until your immigration lawyer tells you what documentation you need and that it is okay to do so. The problem with expungement if you are not a citizen is that the records are difficult and sometimes impossible to get... View More

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3 Answers | Asked in Criminal Law and Immigration Law for Maryland on
Q: 7+ year old STET

I have 7+ year old STET on my record with the condition to complete anger management and should have been dropped after completing anger management but i never followup after completing the condition and still show on my record the Verdict is STET.

my question is to late to get it to Nolle... View More

James L. Arrasmith
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answered on Apr 7, 2024

Based on the information you provided, it seems that you have a STET (Stet Processus) disposition on your criminal record in Maryland from over 7 years ago. STET is a type of disposition where the prosecutor agrees to indefinitely suspend the prosecution of a case, but the charges remain on your... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2024

Subject to further inquiry, you may be eligible to invoke your one-time spousal privilege, pursuant to which you cannot be compelled to testify against your husband. You need to consult with legal counsel to confirm that exceptions to the rule would not prevent you from invoking that privilege.... View More

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My husband was arrested and charged with assault on me after I called the police. I made a mistake. Please help!

My husband and I were trying to reconcile our marriage after a protective order I got for 1 year. However, this time I put my hands on him while he was sleep after suspecting that he was cheating with other woman, and in reality he was not. He put his hands up (because he was sleep) and I bit my... View More

Mark Oakley
Mark Oakley
answered on Apr 5, 2024

First, your husband needs a lawyer. Second, you can only do two things: communicate to the State’s Attorneys Office your desire to not go forward with charges against your husband and your intent to invoke your privilege not to testify against your spouse; and then invoke your privilege on the... View More

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1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for Maryland on
Q: Can a convicted felon own a BB gun or air soft gun? I know a convicted felon can own

A black powder gun and bow and arrow so can a convicted felon own a BB gun in Maryland can someone please help

James L. Arrasmith
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answered on Apr 3, 2024

In Maryland, the legality of a convicted felon owning a BB gun or airsoft gun is not entirely clear, as these types of guns are not specifically addressed in Maryland's firearms laws. However, it's generally advisable for convicted felons to avoid possessing any type of gun, even if it is... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with 4th degree burglary. I got PBJ and it’s been 3 years since that ended. Can I have it expunged?

I didn’t burglarize anything. Some ppl drugged me and I thought my uncle was still staying in this same room so I beat on the door because I thought ppl were chasing me so I jumped in the window, realized he wasn’t staying there anymore, then I jumped out the back window. I told the cops what... View More

Scott Scherr
Scott Scherr
answered on Mar 28, 2024

You are entitled to expungement three years from the entry of the PBJ so long as your probation has ended. However, a subsequent conviction within the three years or pending criminal charge can disqualify you from expungement. If the State is objecting, they would state the reason for their... View More

1 Answer | Asked in Criminal Law and Gov & Administrative Law for Maryland on
Q: I need to know if I should go to the police to file a report concerning a car/ tags that is missing?

its a bit complicated, the car title and tags are in my name, the person I had an agreement with has disappeared and I can't locate the car. I don't want to be responsible for the expenses if the car is towed to the county lot.

Mark Oakley
Mark Oakley
answered on Mar 15, 2024

Unless the agreement included a date the person was to return the car back to you, and they deliberately failed to do so with the intent to deprive you of the vehicle, then there is no crime to report (theft or unauthorized use of a motor vehicle), so going to the police will not likely help,... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Will having 3 counts (one for each message) of violation of protection order not allow me to practice law?

I plead in 2023 and won't be attending law school until 2027. That was my first time and last ever getting in trouble. It was an overall abusive 7 year relationship from HS until our early 20's; Verbally/emotionally from me and physically from my girlfriend. Only reason I decided to plead... View More

Scott Scherr
Scott Scherr
answered on Feb 23, 2024

You will need to divulge the convictions on all applications to the bar. The character committee will review your application and there may be an investigation to evaluate your fitness and character. The Committee then makes a recommendation to the Board of Law Examiners which could hold a formal... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Will having 3 counts (one for each message) of violation of protection order not allow me to practice law?

I plead in 2023 and won't be attending law school until 2027. That was my first time and last ever getting in trouble. It was an overall abusive 7 year relationship from HS until our early 20's; Verbally/emotionally from me and physically from my girlfriend. Only reason I decided to plead... View More

Mark Oakley
Mark Oakley
answered on Mar 2, 2024

I believe you mean a “probation before judgment” — there is nothing called a “pre-trial before judgment.” If you received a PBJ, then you will be eligible to expunge the record of the offenses from any background check. The date you can file for expungement is three years after your... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: In the state of Maryland can you be charge with both 5.612 and charge 5.602 together or will the two merge into one

CR.5.612 Charge description: CDS possession-large amount

CR.5.602 Charge Description: CDS possession W/I Distribute Narc

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

They do not merge because the two offenses have separate elements, specifically, the possession of over a specific weight or amount of CDS is a separate element of that offense, which is not present in the possession with intent to distribute charge, if it does not contain the same enhancement... View More

1 Answer | Asked in Criminal Law and Libel & Slander for Maryland on
Q: Can a video be posted

I was recorded on video tape taking a tablet at the gym. I returned it.

the tablet has been there for over a week I thought it was a forgotten item.

Can the video be posted? On social media

Mark Oakley
Mark Oakley
answered on Feb 17, 2024

You were in a publicly accessible place, not in a place where you had an expectation of privacy. So yes, it could be posted. However, if the posting intentionally or suggestively puts you in a false light, such as accusing you of being a thief, you might have a defamation of character claim, and... View More

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Regarding detective leave card on my door

A detective left a card on my door and after I called back he said the police station department has been getting lots of harrasment annoying phone calls and traced back the phone numbers IP adress to my house.He said if they get any calls he will charge everyone inside my house with... View More

James L. Arrasmith
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answered on Feb 5, 2024

If a detective has contacted you regarding harassment calls traced back to your house's IP address, it's crucial to take this seriously while also understanding your rights. Legally, charging someone with harassment requires evidence that the individual intentionally participated in the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I plead guilty in Maryland to working without a contractor license

I have plead guilty my lawyer filed a motion within 90 days for reconsideration I want ti get my guilty plea changed from guilty to PBJ its holding me back and I can’t get this other charged due to this if someone can please help me it would be greatly appreciated thank you

T. Augustus Claus
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answered on Feb 1, 2024

If you've already pleaded guilty to working without a contractor license in Maryland and your lawyer filed a motion for reconsideration within the 90-day window, you've taken the initial steps to address the situation. However, changing a guilty plea to a Probation Before Judgment (PBJ)... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I plead guilty to working with a contractor license in Maryland 2023 my previous lawyer filed a motion for

Reconsideration within 90 days I was ordered to pay restitution which that will be paid off within 90 days what is my chance of convincing the judge to switch the guilty plea to a PBJ and what is my chances I am trying to change my life and this charge is preventing me from getting another charge... View More

Mark Oakley
Mark Oakley
answered on Feb 1, 2024

Need to know more about your other charges and criminal history. But ordinarily, there is a reasonable expectation that a judge will grant reconsideration and convert your guilty conviction to a PBJ, assuming you perform well on probation and comply with all conditions. If this sentence just... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

Mark Oakley
Mark Oakley
answered on Jan 23, 2024

Pursuant to Maryland Rule 4-242(h):

(h) Withdrawal of Plea. At any time before sentencing, the court may permit a defendant to withdraw a plea of guilty, a conditional plea of guilty, or a plea of nolo contendere when the withdrawal serves the interest of justice. After the imposition of...
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2 Answers | Asked in Criminal Law, Civil Litigation and Civil Rights for Maryland on
Q: My brother was coerced into making an Alford plea by his paid lawyer, can we obtain new council and withdraw the plea?

He was uncomfortable with making the decision and pleaded his innocence but intimidation by his own council made him sign a deal.

James L. Arrasmith
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answered on Jan 23, 2024

If your brother feels he was coerced into making an Alford plea by his lawyer, it may be possible to seek new counsel and attempt to withdraw the plea. An Alford plea, where a defendant maintains their innocence but acknowledges that the prosecution's evidence would likely lead to a... View More

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1 Answer | Asked in Criminal Law and Identity Theft for Maryland on
Q: Someone I know used my ID after getting drug charges in Frederick MD

I left my wallet in my previous roommate’s car by mistake. She and 3 other friends of hers left from our VA home to visit someone in MD and I didn’t really think much of it when they returned one of her friends immediately handed me back my wallet. Time goes past, I move out and start a family,... View More

Mark Oakley
Mark Oakley
answered on Jan 14, 2024

Hire a lawyer to present your evidence to the prosecutor’s office in order to clear your name and have the correct person charged. You will need to identify your friend or friends who used your identity. It is unclear how you know exactly which one used your identity. This happens more often than... View More

2 Answers | Asked in Federal Crimes and Criminal Law for Maryland on
Q: can i have felony conviction of aiding and abetting (tax fraud) expunged after 25 years in state of maryland

no jail time, ordered to pay restitution for 3 years..

James L. Arrasmith
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answered on Jan 13, 2024

In Maryland, expungement eligibility for a felony conviction like aiding and abetting in tax fraud depends on various factors, including the specific circumstances of your case, the type of conviction, and your criminal record since the conviction.

Generally, Maryland law allows for certain...
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