Get free answers to your Criminal Law legal questions from lawyers in your area.
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
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.... View More
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
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... View More
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.
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.
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?
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
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.
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... View More
They pretty much obtained a warrent by hear say and pci and someone who dropped a car off by her old charges
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.
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
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
Have had no charges nor arrest for 30+ years.
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
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.
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 .
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
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.
How is evidence filed in an assuialt?
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
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
answered on Jul 18, 2022
He should make the rest of the payments as directed by the court to avoid potential issues.
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
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
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
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
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
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
I also wanted to know how long it takes for charges to go to court
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... View More
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.