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Situation: In 2007, two counts of assault convictions were made (total 120 days sentence, suspended). All fines and parole were finished in 2009. No other charges convictions exist.
Now 2022, Applying for CAC ID with a fingerprint for federal access. Tier1 position previously NACI (low... View More 
answered on May 6, 2022
The FBI performs all criminal background checks for federal agencies, and they use the FBI's internal (non-public) database (which is different from the FBI nationwide database generally used by state and local law enforcement and private employer background checks). The distinction is... View More
I pleaded guilty to a 2nd degree assault charge which resulted into a pbj but then a few years later I got another charge and my pbj was taken by the judge is there anyway I can get it back its not expundgeable without the pbj is it possible to appeal or go back to court
answered on May 1, 2022
From the date the judge reinstated the conviction, you have 30 days to appeal and 90 days to file a motion to modify your sentence.
It has been at least 5 years since I was found guilty and I received probation for it
answered on Apr 28, 2022
If you received probation before judgment, it can be expunged now. If you did not receive probation before judgment and were convicted, there is a 10 year waiting period from the end of parole or probation for obstructing or hindering. You may want to make sure you are eligible by discussing with... View More
My boyfriend was locked up Tuesday after a trial on a crime that occurred in July 2021. He was sentenced to probation in November 2021 for a different crime. Will this sentencing count as a violation of probation because even though the crime that he was sentenced for took place before he was on... View More
answered on Apr 22, 2022
No, it is not a violation because the crime took place before he was put on probation.
Children given crazy sentences. In my head I always thought that was criminal defense law, public interest because I want to help the poor. However afte researching things it seems like. This sometimes fall under civil rights attorney so I am confused under which one it falls under?
answered on Apr 21, 2022
There are two components at play here. First, you have the criminal case. A criminal defense attorney would fight to overturn the criminal conviction. If that is successful, a civil rights attorney may seek compensation for damages caused by the wrongful conviction.
answered on Apr 21, 2022
Second degree burglary convictions can be expunged 15 years after the end of sentence/end of probation assuming all other criteria are met. You are not eligible yet.
If you received probation before judgment, it can be expunged now assuming all other criteria are met.
My fiancé has an open case from a few months ago regarding a dispute between us. He had a no contact order in place, which we BOTH broke. He was arrested the other day and has had 2 bail hearing since then where he is being kept without bail, and commitment pending hearing. His public defender has... View More
answered on Apr 21, 2022
If bail is denied, a defendant can file for a writ of habeas corpus asking in the Circuit Court that he be released until trial. If it is granted, he would be released from jail until the trial date.
answered on Apr 13, 2022
A nolle prossequi means that the State has decided not to prosecute the case and is dropping the charge. The State can refile charges if it chooses to later on. I do not know what "EMS/mg" means. I would suggest calling the court to inquire.
answered on Apr 11, 2022
It can be expunged if you are otherwise eligible for expungement. A probation before judgment for theft can be expunged after three years. A conviction for theft can be expunged 15 years after your sentence and probation are complete. You should speak with a lawyer.
answered on Apr 11, 2022
The VOP may be dismissed or it could proceed to hearing. It depends on the State's Attorney. The standard of proof is lower for a VOP (preponderance of the evidence) then a criminal charge (beyond a reasonable doubt). Your husband should retain an attorney to represent since there is no... View More
The 1st degree rape case was dismissed due to the evidence provided by the officer, a Spanish misinterpreter, added false narratives of force on a Tinder date. The alleged victim admitted on cop cam that she planned to sleep with him and no crime was committed. The officer ignored her reason for... View More
answered on Mar 30, 2022
Hire a crimial defense lawyer. This is not somethng you post on a public forum, which is open to law enforcement, and accessible by the very same prosecutor you are accusing of suborning perjury. Your factual details almost certainly identify who you are to those who are familiar with the case.... View More
answered on Mar 29, 2022
The handgun is a mandatory 5 years, and first degree assault carries up to 25 years, but a plea deal may avoid those specific charges (e.g., plea to second degree assault, no handgun). Otherwise, it all depends on the facts and circumstances of the crime, including whether there was victim injury.... View More
Does it make any difference if it is being filmed with an audience in mind? I believe in pornography laws exist to protect sex acts if they’re being filmed. Does it matter if money is being exchanged? Such as I am paying her to make a video or she’s paying me to make a video.
answered on Mar 22, 2022
MD Code, Criminal Law, § 11-105:
Prohibited--Display
(a) A person may not knowingly display for advertising purposes a picture, photograph, drawing, sculpture, or other visual representation or image of an individual or portion of a human body that:
(1) depicts... View More
Lawyer requested evidence, then requested to supress etc, then asked for speedy trial.
answered on Mar 8, 2022
Sounds like the lawyer filed an omnibus motion raising common motions that may or may not prove useful, but where failure to raise them may result in waiver of the relief later, or cause more difficulty raising them later. As for a speedy trial demand, in the very rare scenario where a defendant... View More
This was at sentencing to influence the judge for a plea deal the video doesn’t show a shooting
answered on Mar 5, 2022
A lawyer would have to know a whole lot more about your case, the evidence against you, the terms of the plea deal, the full nature of all the charges and what charges are being dropped--and any agreed cap on potential sentence of incarceration-- which is part of the deal based on what you are... View More
answered on Mar 3, 2022
No, this is a crime. You cannot record any phone calls without the consent of all parties.
While shopping at Sams club, a woman’s cart was in the middle of the aisle which I asked her to move, she did but I still couldn’t get through. So I asked again and she said it was too heavy to which i said okay well I’m going through. I went through and knocked her cart slightly which had a... View More
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answered on Feb 25, 2022
Maybe. Assault is not a malice crime. You can commit it with an intimate object like a cart. If you are charged, you should seek counsel.
Or get cheap legal, if there is such a thing :) I was never arrested, it was one of the first internet "theft" charges, but it was not a theft, I had a sewing biz and was injured, I told them all their items would be delayed, they didn't like time frame, didn't want money back... View More
answered on Feb 22, 2022
It was probably district court. The fillable pdf form for an expungement petition is available online at the court's website. You do not need a General Waiver and Release form, due to the length of time that has passed. If all counts were charged under a single case number, you only need... View More
A friend of mine has already pled guilty but is awaiting sentencing. If the prosecution lies about the basis of a search warrant what can be done? Lawyer continues to lie to client, sweeps it under rug and when confronted, he went off! I no longer trust the lawyer and now I need to know if the... View More
answered on Feb 21, 2022
The client can attempt to withdraw his plea. If he is allowed to withdraw the plea, his attorney can then attempt to exclude any evidence found in accordance with the search warrant (and the "fruit of the poisonous tree") on the ground that it was based upon lies in the Affidavit. You... View More
Discovery has a box checked “aerial photos“ being the basis of evidence for a search warrant of a home, wouldn’t the prosecution have to provide those aerial photos to the defense? My attorney frankly says there are no aerial photos and that the police lied to get the search warrant (to... View More
answered on Feb 20, 2022
You should not be posting these facts on a public forum, and you need to have these private conversations with your lawyer. The state's discovery obligations are clear, and your lawyer is in the best position to evaluate the situation and take any action that is appropriate or advisable.... View More
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