What's valid is your signature under the acknowledgement paragraph that states you have fully read and understand all the rights afforded to you at trial, and that you are knowingly and voluntarily waiving those rights by entering the plea of guilty. What is also valid is your standing silent... View More

Habeas Corpus relief does not guarantee that there will be trial transcripts to support whatever it is you are arguing that meets the basis for receiving such an extraordinary remedy. Defects in guilty pleas are generally raised by post plea/sentence motions to vacate or reconsider, or by appeal,... View More

Search warrants are directed at locations, an address, a premises. It does not matter who owns or is in possession of the premises, and permission and notice to anyone is never required. So long as the warrant is issued based on probable cause to believe evidence of a crime can be found at the... View More

A prosecution for Criminal Code Section 3-804 has no statute of limitations. Maryland largely abolished the statute of limitations for any crime that carries the possibility of imprisonment, and this offense carries up to 3 years. There are numerous exceptions for specified misdemeanors that have... View More

A second degree assault conviction will disqualify you from owing a gun. You also cannot own a gun if you received probation before judgment for a domestic related second degree assault charge.

You should not be going to a jury trial without a lawyer. if you have a lawyer, you should be asking this question of your lawyer. It is not uncommon for prosecutors to play hardball with plea offers, steadily ratcheting up the seriousness of the crimes they are willing to let a defendant plead... View More

It sounds to me like you need to get out in front of this with the landlord as well as the sub landlord. It might be a good idea to review the lease between Mike and Jeff to see if he had the right to sublet. It is likely that you may be evicted, and if the PEPCO bill is in your name, you might... View More

Assuming that the case was litigated in district court, an appeal could be taken to the circuit court within 30 days. However, it is not clear from the question if the time to file an appeal from the original judgment (as opposed to the decision in the contempt/show cause hearing) has passed.... View More

Generally speaking, no. Once issued, only the Parole Commission may recall it, but the decision to issue it in the first place has already been made based on a detailed application by the PO and a review by the Commission, so what happens next is the retake warrant is served and the parolee is... View More

Yes this statute is written in the conjunctive which means the conditions in "A" and "B" both need to be met in order for there to be a violation.

You're correct. Under this particular statute, it is illegal to use or possess essentially bullets, during the commission of a crime of violence. Example: If you had bullets in your possession during a robbery, but used a BB gun to commit the robbery, you could be charged under this... View More

You have 10 days to file for a new trial or to alter or amend the judgment, and 30 days to note an appeal (if you file a timely 10 day motion, then the appeal time does not start running until after the court rules on the 10 day motion). Grounds for appeal specific to what happened in your case,... View More

The only way to challenge a warrant is if the affidavit signed by the detective or officer lacked adequate factual basis to support probable cause to issue it. The judge’s bias does not come into it, at least insofar as suppressing any evidence found as a result of the search. Separately you... View More

Eric Todd Kirk Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 15, 2021

This is a public forum, not protected by lawyer-client confidentiality. While it may be a stretch, it could be possible for an intrepid prosecutor to subpoena the posting information, and use your admissions as part of a case against . The better course is to seek the guidance of an experienced... View More

Eric Todd Kirk Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2021

The State absolutely spends money on these cases. A first violation has a maximum of 90 days. There is a one-year sentence possible for subsequent violations. It's impossible to gauge how a trial may go without knowledge of the facts of the alleged violation. You should meet with a lawyer in a... View More

Eric Todd Kirk Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 11, 2021

That seems like a remarkably strong case. Eyewitness testimony from multiple sources placing an individual at a scene- presumably where they are not supposed to be- corroborated by video evidence.

Eric Todd Kirk Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 10, 2021

It could be part of a series of acts that constitute a crime, depending on the context. It's not possible to definitively answer your question without that context. Having said that, it's difficult to conjure a valid reason to deceive someone into thinking you are someone else-whether... View More

Answer the complaint admitting you have the property and file a counterclaim for the money they agreed to pay to store it but haven't, under a breach of contract theory.

You file a Complaint to Quiet Title and/or for Declaratory Judgment. You name as defendant the person whose name is on the deed to the property as recorded in the Land Records, as well as any “holder in interest” of any unreleased lien instrument filed against the property as recorded in the... View More

If you claim to own the land pursuant to the common law doctrine of adverse possession, then you must establish this fact by way of an action in court to declare yourself the owner by virtue of adverse possession, and you must serve the titled owner of record and any trustee under any recorded and... View More