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Maryland Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Maryland on
Q: I have a misdemeanor possession of cds not Marijuana charge court date today in Frederick md

I was planning on having my mother drive me to Frederick md for the possession of cds not Marijuana charge and request a jury trial because I heard that circuit Court easier on cases like that being they are used to trying major felony cases that question 1 is that a good idea? Question 2 my mother... Read more »

Mark Oakley
Mark Oakley
answered on Jun 1, 2023

Take an Uber or call a friend and get to your court date. Only pray a jury trial on advice of experienced counsel who is familiar with your case, the judge you’re in front of and the prosecutor. You can always appeal an adverse result in District Court to Circuit Court and get a do-over so... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: I got an email from google saying that my account is subpoena by police department and the states attorney.

I got a copy of the subpoena from google but I don’t have to appear in court my name or address is not in the subpoena they only request google to turn in the documents they want.I have no idea why this happened and I am confused.

Am I being investigated?I haven’t been contacted by any... Read more »

Mark Oakley
Mark Oakley
answered on May 24, 2023

Retain counsel now so you have an attorney lined up to call in the event you are contacted by police or charged. A experienced criminal defense lawyer can act much more quickly and effectively than you can to protect your rights and secure your release on bond in the event of arrest and detention... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: charged with FIREARM-UNLAWFUL sale, firearm-reg sale, gun poss. On probation for assault, only 20. What will happen?

Multiple counts for all of those, all misdemeanors but he has assault on his record and is still on probation.

Mark Oakley
Mark Oakley
answered on May 16, 2023

He needs a lawyer. He’s facing not only these new charges, but a violation of probation on the assault case. Both can lead to jail. Firearm cases are treated seriously. But what can or will happen to him cannot be predicted with so little information. Hire an experienced criminal defense attorney... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... Read more »

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland on
Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?
Mark Oakley
Mark Oakley
answered on May 7, 2023

Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: I called the police station and made a possible threat. What can happen to me?

Deleted

Mark Oakley
Mark Oakley
answered on May 7, 2023

I’m not sure what you said qualifies as an actual threat. You described a hypothetical future event that describes a forced or unauthorized entry into your home and your imagined reaction to that imaginary future event. While it is possible that the police treat this as someone who may pose a... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury and Education Law for Maryland on
Q: I have a special needs son who was assaulted by his teacher on 2 twice. what kind of lawyer do I need for this situation

CPS was involved because there was a witness who reported the teacher. Now the teacher filed a claim to juvenile courts saying it was my son who assaulted her. My son has autism, adhd and mod to severe intellectual disability. I need help to fight this.

Todd B. Kotler
Todd B. Kotler
answered on May 5, 2023

Hopefully this occured around some typical peers or other witnesses who can speak to what actually occurred. You need to get statements from those individuals ASAP and get them to commit to appear at the evidentiary hearing. Merely having a written statement will often not work as that is... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: A friend plead guilty in district court and was sentenced to 6 months in jail

Can they appeal the case to circuit court and be released from jail the same day how does this work can someone please answer this and help me so I can relay the message I was told the fee was 87 dollars and it takes effect same day so they are released never dealt with this

Mark Oakley
Mark Oakley
answered on May 4, 2023

If the District Court judge did not set an appeal bond then he can get out upon paying the appeal bond simultaneously with noting the appeal and paying the appeal fee. You can’t note the appeal for him though. Either he does it or his lawyer has to do it. If there’s no appeal bond set he can... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: My grandmother let me use my grandfather car because he no longer can drive and his car was safer and she said she feel

Better for me driving his car so I switched vehicles then month or so later she asked if I was going move my car out her driveway I told I needed order a tire everything was fine when tire came in immediately went over got my vehicle out her driveway and with no warning I learned after she had the... Read more »

Mark Oakley
Mark Oakley
answered on Apr 29, 2023

The District Court Commissioner is required to issue criminal charges if a person swears an oath regarding facts that if true would support the charge. The facts may later prove insufficient, or false. The State’s Attorney may review the charges and decide not to proceed, but generally you will... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My attorney failed me. How can I be prejudged without my evidence and complete statement heard by the states attorney?

My attorney told me that my ex and I would have our charges dropped the day before the trial, so i was totally unprepared to know if I should have agreed to the stet. I now know the states attorney planned to find my ex innocent a month before the trial, even though I was the one that was... Read more »

Lee Eidelberg
Lee Eidelberg
answered on Apr 17, 2023

The Office of the State's Attorney has the prerogative either to prosecute, dismiss or in your case(s), place the cross assault cases filed against both you and your ex on an inactive or "stet" docket. Neither case, if "stetted" was dismissed. Thus, if you possess... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Does the police have the right to search my sons stroller without my consent?

permission?

This so called friend invited Me and my boyfriend to her home she was arguing with my boyfriend she than called the police told them my boyfriend hit me but it was false claims the Police came talked to us for awhile and than separated my boyfriend and I the police officer... Read more »

Scott Scherr
Scott Scherr
answered on Apr 11, 2023

The "plain view" doctrine states that a police officer can search the stroller in your case if the gun is in plain view. If it is not plain view, it may be an illegal search and seizure if neither you nor your boyfriend gave permission to search the stroller and the police officer did not... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get out of a subpoena? I feel like I am being forced to talk against someone I did not press charges on.

My boyfriend and I were both under the influence and fought. My mom was involved. Things got physical but no one pressed charges. He was charged with 2 2nd-degree assaults. My mother and I were both mailed a subpoena but we want no parts.

Scott Scherr
Scott Scherr
answered on Apr 5, 2023

This is not a sufficient reason to get out of a subpoena. If you have been subpoenaed to court, you must appear. If you do not appear, the police could come and bring you to court or you could be found in contempt. This does not happen in every single case, but it could happen here.

The...
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2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get out of a subpoena? I feel like I am being forced to talk against someone I did not press charges on.

My boyfriend and I were both under the influence and fought. My mom was involved. Things got physical but no one pressed charges. He was charged with 2 2nd-degree assaults. My mother and I were both mailed a subpoena but we want no parts.

Lee Eidelberg
Lee Eidelberg
answered on Apr 5, 2023

You and your mother are required to appear in court pursuant to the subpoena or face the potential of being seized by the Sherrif's department pursuant to a "body attachment" issued by a judge, should the State request such an order. As a practical matter, however, and subject to... Read more »

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can MD imprison someone who requires 24hr physical care? Can't walk, prepare food, or bathe alone, and has fluid wounds?

This person Has to have toilet needs brought to them, fluid wounds cleaned and rebandaged every other day, assisted with multiple areas for bathing, and all food and drinks brought to them. They also only have an electric wheelchair that has to be charged by someone else and they can't move... Read more »

Mark Oakley
Mark Oakley
answered on Mar 30, 2023

For a major felony where jail is the expected punishment, yes. Whether a defendant goes to jail or not depends on a lot of factors, in particular the seriousness of the crime, victim injury, the defendant’s past criminal history, etc. Most first offenders, misdemeanors and even felony property... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What would happen if I miss my court date

I was caught shoplifting @ a north Carolina walmart. I gave them my real name and social security #, but gave them a fake adress and never gave i.d. the officer that pressured me saying if I miss the court date I would be in big trouble so I've been calling the courthouse for about 4 months... Read more »

Scott Scherr
Scott Scherr
answered on Mar 25, 2023

If you miss your court date, they put a warrant out for your arrest. You can then be picked up on the warrant at any time. Hire an attorney in North Carolina to represent you. If there is a warrant, your attorney can file a motion to recall the warrant.

This will not go away if you fail to...
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1 Answer | Asked in Criminal Law and Small Claims for Maryland on
Q: The law implies that it’s only “Highways” that you can’t pick up and drop passengers, so on any other road it’s okay?

If someone were to he picked up on a backroad or any other road other than a highway and then driven through the highway and dropped off on another back road, is that still legal?

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

MD Code, Transportation, § 11-127 -- Highway defined:

“Highway” means:

(1) The entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel, whether or not the way or thoroughfare has been dedicated to the...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Can my son be placed on 60 days lock up for something while incarcerated and then be charged with the same offense when

My son received 60 days on lock up while incarcerated, for CON POSS/REC CDS WH CONF/DET. Once he is released can they charge him for the same thing, formally.

Mark Oakley
Mark Oakley
answered on Mar 6, 2023

Generally, administrative disciplinary actions taken against prisoners for misconduct and rules violations, and to maintain disciplinary order within the prison, are not deemed “punishment” for purposes of double jeopardy that would bar a subsequent criminal prosecution for the conduct that... Read more »

2 Answers | Asked in Criminal Law for Maryland on
Q: Need to find the conditions of a stet in allegany county maryland.

3 cases same defendant. I already looked up cases, they are closed, but I need the conditions for the stet. Need someone to find the conditions and relay them to me.

Mark Oakley
Mark Oakley
answered on Mar 3, 2023

You won't find them online, and most likely not in the court file back when paper records were kept. Any conditions would have been stated orally on the record, and recored by the defendant's attorney in their private client file and by the prosecutor in the State's file. If the... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: 2 weeks before my 3 year probation was up my PO violated me on a misdemeanor offense. I had no issues during my 3 year

Probation period. My PO then reopened a restitution and violated me for that. I wasn't aware of the warrant when I stood in front of a judge for traffic. Why didn't they pick me up on the warrant then? There are several holes in this whole situation.like commissioner releasing me on my... Read more »

Scott Scherr
Scott Scherr
answered on Feb 21, 2023

You should retain an attorney to represent you. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be scheduled for a VOP hearing. The attorney can then represent you at the hearing.

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1 Answer | Asked in Criminal Law for Maryland on
Q: What are the odds of me getting jail time for theft of $50,000?

I have an Arraignment Hearing next week & I am being accused of embezzlement of $50,000 I have never committed a crime this is my first offense. I live in Maryland. I wanted to know what’s the likely hood I will go to jail? & if I go to jail is it like a minimum security prison or is it... Read more »

Mark Oakley
Mark Oakley
answered on Feb 14, 2023

Impossible to say with any certainty. Jail is possible if not probable with such an amount, but probation or home confinement is also possible. If this is embezzlement from an employer of yours the risk is greater. The length of time of any jail sentence imposed could be served in a local detention... Read more »

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