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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: Scott I did check Maryland judicial case search and nothing was there no preliminary nor court date

Why I wondering what the statue of limitations in Maryland was on the criminal citation for possession of cds not Maryjane that all I ever received when we initially got pulled over and released like I was saying that was in February 8th 2022 how much longer do they have before they have to dismiss... View More

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

Once you are served with the criminal citation, this complies with any statute of limitations that may apply. There is no statute of limitations defense in your case if you were issued a criminal citation.

There is a speedy trial issue. You have a constitutional right to a speedy trial....
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1 Answer | Asked in Criminal Law for Maryland on
Q: Need advice on the statue of limitations in Maryland on a misdemeanor criminal citation that I received on Feb 8th 2022

The misdemeanor criminal citation was for simple possession of cds not Maryjane we got pulled over they did a search gave both me and the driver the same criminal citation with same charges the driver received the preliminary hearing date and recently went to court after receiving a court date... View More

Scott Scherr
Scott Scherr
answered on Sep 23, 2022

The statute of limitations has been satisfied once the citation was issued. You have a potential speedy trial issue. However, you must assert the right to a speedy trial in writing to the court.

A preliminary inquiry merely tells the Defendant of his right to counsel. You should check...
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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: On the night my son was arrested I wrote a statement against him and now they want me to testify against him.

Am I required to do so? I read a parental privilege rule, embodied in Sec 25, Rule 130 where no person may be compelled to testify against his children but since I wrote a statement I didn't know if the rule still applied.

Scott Scherr
Scott Scherr
answered on Sep 9, 2022

In Maryland, there is no privilege that prevents a parent from testifying against his or her child. You can be compelled to testify against him. The rule that you cite is not a Maryland rule.

2 Answers | Asked in Personal Injury and Criminal Law for Maryland on
Q: I plead guilty to 2nd Degree Assult (To try and move on without trial). I'm now being sued for an injury.

Will I loose my house and car? Everything is owned by my wife and I.

If he wins do I have to pay right away. I only get a little military retirement and va disability. Do the courts allow payment plans?

Mark Oakley
Mark Oakley
answered on Sep 9, 2022

Who is suing you, your spouse or a third party? If a third party, how do you hold title to your car and house with your spouse? Typically, spouses hold title to real property as Tenants by the Entireties, and as such, a judgment obtained against just one of them cannot attach against property... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Can i go inside the bank with my ID if i have a bench warrant
Scott Scherr
Scott Scherr
answered on Sep 7, 2022

It is unlikely you would be picked up on a bench warrant by going into a bank, but you never know. There are no guarantees.

Your best bet is to consult with an attorney to see if the warrant can be recalled. In some cases, an attorney can file a motion to quash a warrant.

1 Answer | Asked in Criminal Law and Internet Law for Maryland on
Q: If someone is being harassed online to extent of having the Amazon wish list stalked what can they do?
Scott Scherr
Scott Scherr
answered on Sep 6, 2022

Can they see your Amazon wish list without having your login information? I recommend changing your password on your Amazon account.

If someone is harassing you, you can file for a Peace Order. You can research what is necessary to get a Peace Order and the elements of harassment. Note...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Can a search and seizure warrent br valid if they put someone else's charges in warrent that were over 10 yrs old

They pretty much obtained a warrent by hear say and pci and someone who dropped a car off by her old charges

Scott Scherr
Scott Scherr
answered on Sep 6, 2022

You would need to consult with a lawyer to discuss the details of the situation in a confidential setting. Warrants are always based on hearsay and there is nothing wrong with that.

1 Answer | Asked in Criminal Law for Maryland on
Q: Do I need a lawyer for a Peace Order hearing this Friday?

Last Tuesday, I went to pick my 13 yo son up near school at the location we agreed upon that morning but he wasn’t there. After waiting 10 minutes, I drove home looking for him. I saw him walking down Main Street so I honked at him, pulled into a side street, and got out to call for him. He... View More

Mark Oakley
Mark Oakley
answered on Aug 30, 2022

Although a peace order does not itself carry jail or a fine, and is not a criminal matter involving conviction and sentencing that would affect a criminal background check, should you violate the terms of the peace order (typically by having contact with the persons protected by the order) then... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Are cases of altering/ uttering a prescriptions eligible for expungement in Maryland? Happened around 1990-1991

Have had no charges nor arrest for 30+ years.

Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Yes, that should be able to be expunged 10 years from the end of the sentence or probation assuming all other criteria are met. The statute is now Section 5-620 of the Criminal Law Article of the Annotated Code of Maryland. Md. Ann. Code, Crim Proc. Art., Sec. 10-110 states that this section can... View More

1 Answer | Asked in Family Law, Child Custody, Criminal Law and Employment Law for Maryland on
Q: If person charged is an educator will this be on criminal record to impact employment or custody if no previous charges?
Scott Scherr
Scott Scherr
answered on Aug 20, 2022

Any criminal charges will show up on a background check and Maryland Judiciary Case Search. It certainly could affect your employment if you are convicted depending on the charge. You should speak with a lawyer.

1 Answer | Asked in Criminal Law and Divorce for Maryland on
Q: Can a spouse sue his wife for stealing the cell phone and m make threats to use against him in a divorce?

The wife threatenend the husband to put his proprties in her name or she will expose pictures too the public, friends ,family and even those pictures were not his but sent by others to him. No permission was given to the wife ever to use the phone .

Mark Oakley
Mark Oakley
answered on Aug 17, 2022

What you are describing could be characterized as criminal extortion by your wife, which could be the basis of having criminal charges filed against her; of course, then the contents of whatever is in the cell phone that she is threatening to expose will come into the hands of law enforcement as... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Does multiple arrest for the same criminal episodes give grounds for a dismissal of all charges?
Scott Scherr
Scott Scherr
answered on Aug 15, 2022

Probably not. Double jeopardy only applies when jeopardy attaches. This is when the first witness is sworn. There could be speedy trial issues if charges are dropped and then refiled depending on the facts. You would have to speak with a lawyer.

1 Answer | Asked in Criminal Law, Domestic Violence and Personal Injury for Maryland on
Q: Protected Order filed with the Commissioner for Criminal Assault should evidence be filed with the Commissioner also?

How is evidence filed in an assuialt?

Scott Scherr
Scott Scherr
answered on Aug 3, 2022

There are two things that can be done. First, the Petitioner can file for a Protective Order. If the Commissioner finds that an Order of Protection should be granted, that an interim Order is passed. There is then an ex parte hearing before a judge within a day or two and the judge decides whether... View More

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Do anyone have a Maryland Subpoena Form?
Mark Oakley
Mark Oakley
answered on Jul 20, 2022

Self-represented litigants must obtain the paper form of the subpoena from the clerk’s office of the court where the case is pending.

https://www.courts.state.md.us/courtforms/uniformsubpoena

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Someone I know was on probation and owes restitution. He’s made some payments on it, but what’s gonna happen?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 18, 2022

He should make the rest of the payments as directed by the court to avoid potential issues.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Maryland on
Q: How does a motion for reconsideration work?

In April I went to court with my ex for him assaulting me. He took a plea deal and is serving 18 months. I noticed that he filed for a motion for reconsideration. Some context- he was already on probation for felony assault when he was charged with assaulting me. Before trial, he was MIA from his... View More

Mark Oakley
Mark Oakley
answered on Jul 17, 2022

He may be seeking to reduce his sentence, or where he is serving the sentence (like a prerelease work facility) but what exactly he is seeking to modify can only be known by reading the motion. It is impossible to guess when or whether a judge would reconsider the sentence imposed after already... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Motion for reconsideration?

I recently went to court against my ex for abusing me. He was sentenced on 4/14, on 5/01 he filed a motion for reconsideration. The case says it is closed, does this mean this motion was denied ? Would there be another case open if they were considering this appeal? As the victim would I be... View More

Mark Oakley
Mark Oakley
answered on Jul 16, 2022

There are a lot of facts missing that would narrow down the answer quite a bit. Which court he was sentenced in (District or Circuit) makes a huge difference as far as appeal rights go. But you do not state that he filed an appeal, which he has 30 days to do. That time has now passed, so if he... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How does a motion for reconsideration work ?

I recently went to court against my ex for abusing me. He was sentenced on 4/14, on 5/01 he filed a motion for reconsideration. The case says it is closed, does this mean this motion was denied ? Would there be another case open if they were considering this appeal? As the victim would I be... View More

Scott Scherr
Scott Scherr
answered on Jul 15, 2022

It states that the case is closed because the original case concluded. He has now filed for reconsideration. When the court rules on the motion, a decision will appear online in Maryland Judiciary Case Search. If the court decides to hold a hearing, this will show up online as well. There would not... View More

1 Answer | Asked in Criminal Law and Civil Litigation for Maryland on
Q: I wanted to know if you could cancel charges already in process, and if the person being charged could charge you back

I also wanted to know how long it takes for charges to go to court

Scott Scherr
Scott Scherr
answered on Jul 14, 2022

Once charges are filed, only the State's Attorney can drop the charges. The victim has no control over the charges. The victim can tell the State's Attorney he or she wants the charges dropped, but the State does not have to follow the victim's wishes and often does not.

The...
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3 Answers | Asked in Criminal Law for Maryland on
Q: I have this on my background check after 21 years. How can I get it removed?
Mark Oakley
Mark Oakley
answered on Jul 13, 2022

“This.” No idea what “this” is. If “this” thing on your background check is a criminal offense that is eligible for expungement, then you can get it removed. A criminal defense lawyer would need to know the exact charge and disposition before being able to answer whether whatever... View More

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