Eric Todd Kirk Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2021

Grand jury proceedings are secret. You may not, and frankly likely would not, be aware of an indictment. In a typical scenario, if the case began in the district court and was set for a preliminary hearing, the indictment would be revealed and read into the record. There are other less common... View More

You are pointing out inconsistencies between what the police officer stated in the Statement of Charges and what is written in the chain of custody document. Whether these inconsistencies can be used by you depends upon whether it impacts any issue or defense in the case. It does automatically... View More

Your son's lawyer would have to file a motion to modify the sentence to ask the court to allow home detention. A motion to modify must be filed within 90 days.

Stop. Do not do whatever it is you are thinking of doing. Hire a criminal defense attorney before you do something truly foolish and irreversibly ruin your record and damage your career and prospects.

(1) A 17 year old cannot legally possess a handgun in the State of Mayland. You must be 21 or older to possess a handgun.

(2) A handgun is not used for "hunting" -- at least, nobody with any common sense or knowledge of hunting would accept the argument that your possession and... View More

Impossible to read the mind of another person and divine their thoughts or purposes. Why people do the things they do is not really knowable in the absence of clear explanations from those people. If you are accused and charged with a criminal offense, then you need to defend the charges or face... View More

Theoretically you could file criminal charges for a false arrest, but it would be a long uphill battle to show an Officer intentionally made a false arrest resulting in malfeasance or misfeasance. If you believe the Officer had no reasonable grounds to place you under arrest, you should seek... View More

To obtain actual court records you would need to go to The Clerk of the Court and pay for copies to be printed, which is fairly inexpensive depending on the number of pages copied. Otherwise you can look up cases by party name or case number online at casesearch.courts.state.md.us/

This... View More

It can depend on whether there are aggravating circumstances (someone injured/died/ended up in hospital), but just underage drinking and the older student being the one buying the alcohol, if in PG county and everyone is a student, chances seem good a lawyer can negotiate some sort of diversion... View More

It is best if a private attorney or the Public Defender files the 8-505 motion. Most of these are filed by the Public Defender's office and they should represent anyone who is incarcerated. Among other things, the Defendant will need to request to be evaluated through the Department of Health... View More

Government land isn’t subject to adverse possession.

The only "claim of right" I am aware of as far as that specific phrase goes has to do with income taxes. Maryland has issued an administrative release that details the process. Here is the link:... View More

While you may have cited the correct code section dealing with reconsideration motions, the Judge does not have to find for you just because of that code section cite. You must provide a legal basis with additional facts to show the judge that the initial ruling was wrong.

Any answer is fact dependent. If you are facing a 2d degree murder charge, stop asking questions on a public forum and get a lawyer ASAP. Only a thorough review of the evidence in private will provide you with any useful information. If this is some academic question, then you'll need to do... View More

You hire a lawyer. A lawyer is trained in the law, and a criminal defense attorney is specifically trained in preparing, arguing and defending criminal cases. You are not. An open-ended question like yours is the equivalent of asking how do you perform a surgical procedure on yourself. Lawyers... View More

Adverse possession is a defense. It is not a claim. I have used it before by flipping claims and defenses using techniques like a petition to quiet title or a complaint for declaratory judgment, but it is generally a defense that gets asserted to block a summary dispossession. In other words, it... View More

Yes. All you need is a hunting license. Go here:

https://dnr.maryland.gov/wildlife/Pages/Licenses/hunting_permits.aspx

It's always 30 days, but that is just the outer limit under the uniform extradition statute adopted all states. In practicality, assuming the defendant waives the extradition hearing (e.g., not contesting it), the warrant state will arrange to come get the defendant as soon as reasonably... View More

No. It’s a hearing to appear at and for you to testify or present other evidence to oppose whatever relief is being sought against you at the hearing. There are so many different possible forms of relief where a show cause hearing is held, from relatively minor matters to serious, some which... View More

They get awarded a judgment of possession and issue a writ of eviction and the person in wrongful possession gets forcibly removed by the sheriff.