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Maryland Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Maryland on
Q: Police are building a case against me for multiple counts of credit card fraud and theft.

I admitted to everything and they searched my car and confiscated evidence for the case. I was terrified because I owe many people money and I committed these terrible crimes. I have never been in legal trouble before. Will I have to pay fines and possibly jail time? I stole debit cards and items... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Apr 15, 2021

This is a public forum, not protected by lawyer-client confidentiality. While it may be a stretch, it could be possible for an intrepid prosecutor to subpoena the posting information, and use your admissions as part of a case against . The better course is to seek the guidance of an experienced... Read more »

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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How does a jury trial go for a violation of protection order? What happens as far as deals or will the case go to trial?

Will the state spend money on a jury trial for this type of case? Is it worth it?

Eric Todd Kirk
Eric Todd Kirk answered on Apr 12, 2021

The State absolutely spends money on these cases. A first violation has a maximum of 90 days. There is a one-year sentence possible for subsequent violations. It's impossible to gauge how a trial may go without knowledge of the facts of the alleged violation. You should meet with a lawyer in a... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Is the prosecution case strong if someone violated a protective order but you can’t see who it is in the video evidence?

The video has no time stamp to prove where it happened, date or time and there are witnesses saying that the accused is guilty because they seen the person at the said time.

Eric Todd Kirk
Eric Todd Kirk answered on Apr 11, 2021

That seems like a remarkably strong case. Eyewitness testimony from multiple sources placing an individual at a scene- presumably where they are not supposed to be- corroborated by video evidence.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is calling on behalf of someone saying you are them a crime
Eric Todd Kirk
Eric Todd Kirk answered on Apr 10, 2021

It could be part of a series of acts that constitute a crime, depending on the context. It's not possible to definitively answer your question without that context. Having said that, it's difficult to conjure a valid reason to deceive someone into thinking you are someone else-whether... Read more »

1 Answer | Asked in Consumer Law, Criminal Law and Civil Litigation for Maryland on
Q: can I file a counterclaim in a replevin case?

someone has filed a show cause against me. this person has access to their property but has not taken it. the items are in a storage unit in my name that they were to pay for but haven't for 6 months. now they are refusing to pay and filed a replevin for the items.

Mark Oakley
Mark Oakley answered on Apr 6, 2021

Answer the complaint admitting you have the property and file a counterclaim for the money they agreed to pay to store it but haven't, under a breach of contract theory.

1 Answer | Asked in Criminal Law for Maryland on
Q: What Is The Action Called In Court And Is The Virtue Of Adverse Possession The Same As The Elements.

(Action For Recovery Of Possession Of A Corporeal Freehold Or Leasehold Estate In Land.) Is It A Quite Title Or A Court Order Court Order Enforcement Like In Child Support Cases In Enforcement There Of And If They Disregard The Child Support. Regarding The Adverse Possession Law Maryland. I Have... Read more »

Mark Oakley
Mark Oakley answered on Apr 3, 2021

You file a Complaint to Quiet Title and/or for Declaratory Judgment. You name as defendant the person whose name is on the deed to the property as recorded in the Land Records, as well as any “holder in interest” of any unreleased lien instrument filed against the property as recorded in the... Read more »

1 Answer | Asked in Criminal Law and Internet Law for Maryland on
Q: Adverse Possession Maryland Law State / Common Law.

Adverse Possession Maryland Law Can the Land Sell It. The Private Auction Company And And They Will Not Canceled It. It Is For Auction (April 6th 2021). I Had The One Canceled Before By The Same Private Auction Company On ( July 17th 2020). The Owner Knows That The Land Is Adverse Possessed. And... Read more »

Mark Oakley
Mark Oakley answered on Apr 3, 2021

If you claim to own the land pursuant to the common law doctrine of adverse possession, then you must establish this fact by way of an action in court to declare yourself the owner by virtue of adverse possession, and you must serve the titled owner of record and any trustee under any recorded and... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Are courts closed in Maryland through June 5th
Mark Oakley
Mark Oakley answered on Mar 29, 2021

Last year, in 2020, the courts closed through June 5, 2020. Since then, the courts have reopened in phases, and are currently all open with some restrictions. Go to this website for more details:

https://www.mdcourts.gov/administration/closingsdelays

2 Answers | Asked in Criminal Law for Maryland on
Q: Just curious. Could metal knuckles be considered a reasonable self defense precaution in Maryland?

Also, is it okay to have metal knuckles in your home? Just as a collectors item?

Eric Todd Kirk
Eric Todd Kirk answered on Mar 25, 2021

Metal knuckles are considered a dangerous weapon. The law provides:

"(c) Prohibited. --

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace,...
Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: I reside in the state of Maryland and there is possible allegations of criminal offense from a visit 6 months ago there.

Am I at risk of being extradited to Puerto Rico even though I am a resident of Maryland. Very worried. Need assistance

The allegations are in Puerto Rico 6 months ago but I live in Maryland

Mark Oakley
Mark Oakley answered on Mar 14, 2021

If you committed a crime anywhere in the United States or its territories (Puerto Rico is a US territory), then you are subject to extradition. Not all crimes are extraditable, such as many minor misdemeanor offenses, but many others are (including many misdemeanors carrying jail time). An arrest... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: I keep seeing "Sheriffs Return" on my criminal dockets involving an open case. What does that mean?

I haven't received any paperwork from my local sheriff's department, but there have been 4 new "Sheriffs Returns" documents on my case since March of 2021.

& I have a tracking number for DNA that was collected. When I use the tracking number to see if it has been... Read more »

Mark Oakley
Mark Oakley answered on Mar 10, 2021

If you have a lawyer, ask him or her since that's what they are for, and stop posting on a public forum that may result in you incriminating yourself. If you do not have a lawyer, hire one (or apply to the Public Defender if you qualify). Your lawyer can obtain all such information through... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: If I am federally indicted while on parole/probation, will violate the parole/probation?

I was under the impression that if I am indicted or found guilty of federal charges, it will not violate the state probation.

Mark Oakley
Mark Oakley answered on Mar 5, 2021

If, following the date you were sentenced and placed on probation, you committed a new offense and are charged, then it could trigger a violation. If, however, the new charge is based on acts or crimes committed before you were placed on probation, then the new charge would not be a violation, even... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: what will happen with a sexting scam

met a girl on dating site father demands money

Mark Oakley
Mark Oakley answered on Feb 24, 2021

It's a scam. Ignore them and move on with your life.

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1 Answer | Asked in Criminal Law for Maryland on
Q: How can the use of Smart Speakers such as Amazon Alexa be used in court? How would the authorities get the recordings?

If a case needed voice recordings from a Smart Speaker, how would the court system request it and would the company who holds the recording have to comply?

Eric Todd Kirk
Eric Todd Kirk answered on Feb 11, 2021

The court system would not request it but the participants in the court proceeding would . In a criminal case I suspect the state would issue a subpoena to the appropriate entity to produce the evidence in court. If the appropriate entity is out-of-state, I'm quite certain that Maryland... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: I’m on probation for phone harassment With my kids mother she put two more telephone misused charges on me

What I’m trying to ask I have to go to court for two more phone harassment charges against me from kids mother we do have a court order where we have 50-50 custody and she has not been following the order yes I do blow her phone up yes I get angry with her and cuss at her and say bad things but... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 10, 2021

I would suggest that you do two things. Stop posting comments such as these- that can be interpreted as admissions- in a public, online forum. Secondly you should consult with an experienced criminal defense attorney in a confidential setting. If you cannot afford an attorney due to your financial... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: I need to know what the maximum penalty wasfor Maryland statute 27.155A and 27.555A back in 1987. I was found guilty

I was given probation for these 2 things. In Maryland case search they show up as misdemeanor. I’m applying for my HQL and one of the questions is have you ever been convicted of a crime that has maximum penalty of over 1 yr . My question is what was the actual penalty for the 2 crimes back in... Read more »

Mark Oakley
Mark Oakley answered on Feb 9, 2021

Md. Code art. 27 sec. 555A (telephone harassment) carried a potential jail term of 3 years in 1987.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with md statute 27.151A false bomb rumor in 1988. I was found guilty And give probation . Can this be

I was given probation and community

Service. I was found guilty but completed

Community service . Can this be expunged.

This took place in 1988

Mark Oakley
Mark Oakley answered on Feb 9, 2021

If you were convicted, and not granted a "probation before judgment" (PBJ) disposition, then this offense is not among the convicted offenses that may be expunged under the current law. If you received a PBJ, then you are eligible for expungement. The list of convicted offenses that may... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Violation of Probation for restitution not being paid in full prior to probationary period ending

I was convicted of felony theft, over $10k under $100k. I was sentenced to 4 years incarceration, all but one suspended and 5 years probation. I was also ordered to pay restitution in the amount of $47,000. I paid monthly what I could afford, abided by the terms of my probation and was released... Read more »

Mark Oakley
Mark Oakley answered on Feb 8, 2021

Assemble all your payment records and income verification and bankruptcy info, which will show your good faith efforts to pay. I do not see you being violated for inability to pay such a large restitution obligation. Nobody gets violated for not having enough money. Your probation should be closed... Read more »

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Maryland on
Q: What can a landlord do legally during a home inspection? Is there anything illegal that could happen?

We have a home inspection with a very controlling, disgruntled landlord who does not believe we have any rights. It’s a verbal lease and he believes that he is law.

Can he legally go through, shift, move, touch anything that is ours during the inspection? What rights do tenants have... Read more »

Eric Todd Kirk
Eric Todd Kirk answered on Feb 4, 2021

You should repost this query under the heading Landlord-Tenant to get the best advice.

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1 Answer | Asked in Criminal Law for Maryland on
Q: The prosecuting attorney has informed me that the Feds would be picking up my case. How long will I have to wait for a

federal indictment telling me the charges that will be brought against me?

Mark Oakley
Mark Oakley answered on Jan 31, 2021

Hire a lawyer ASAP. You lawyer can immediately contact the Assistant United States Attorney (AUSA) assigned to the case, and start crucial conversations, negotiations and efforts to steer the direction of the prosecution. The key time to work the best possible deal (if a deal is in your interest)... Read more »

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