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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: Are courts closed in Maryland through June 5th
Mark Oakley
Mark Oakley
answered on Mar 29, 2021

Last year, in 2020, the courts closed through June 5, 2020. Since then, the courts have reopened in phases, and are currently all open with some restrictions. Go to this website for more details:

https://www.mdcourts.gov/administration/closingsdelays

2 Answers | Asked in Criminal Law for Maryland on
Q: Just curious. Could metal knuckles be considered a reasonable self defense precaution in Maryland?

Also, is it okay to have metal knuckles in your home? Just as a collectors item?

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 25, 2021

Metal knuckles are considered a dangerous weapon. The law provides:

"(c) Prohibited. --

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace,...
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1 Answer | Asked in Criminal Law for Maryland on
Q: I reside in the state of Maryland and there is possible allegations of criminal offense from a visit 6 months ago there.

Am I at risk of being extradited to Puerto Rico even though I am a resident of Maryland. Very worried. Need assistance

The allegations are in Puerto Rico 6 months ago but I live in Maryland

Mark Oakley
Mark Oakley
answered on Mar 14, 2021

If you committed a crime anywhere in the United States or its territories (Puerto Rico is a US territory), then you are subject to extradition. Not all crimes are extraditable, such as many minor misdemeanor offenses, but many others are (including many misdemeanors carrying jail time). An arrest... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: I keep seeing "Sheriffs Return" on my criminal dockets involving an open case. What does that mean?

I haven't received any paperwork from my local sheriff's department, but there have been 4 new "Sheriffs Returns" documents on my case since March of 2021.

& I have a tracking number for DNA that was collected. When I use the tracking number to see if it has been... View More

Mark Oakley
Mark Oakley
answered on Mar 10, 2021

If you have a lawyer, ask him or her since that's what they are for, and stop posting on a public forum that may result in you incriminating yourself. If you do not have a lawyer, hire one (or apply to the Public Defender if you qualify). Your lawyer can obtain all such information through... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: If I am federally indicted while on parole/probation, will violate the parole/probation?

I was under the impression that if I am indicted or found guilty of federal charges, it will not violate the state probation.

Mark Oakley
Mark Oakley
answered on Mar 5, 2021

If, following the date you were sentenced and placed on probation, you committed a new offense and are charged, then it could trigger a violation. If, however, the new charge is based on acts or crimes committed before you were placed on probation, then the new charge would not be a violation, even... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: what will happen with a sexting scam

met a girl on dating site father demands money

Mark Oakley
Mark Oakley
answered on Feb 24, 2021

It's a scam. Ignore them and move on with your life.

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1 Answer | Asked in Criminal Law for Maryland on
Q: How can the use of Smart Speakers such as Amazon Alexa be used in court? How would the authorities get the recordings?

If a case needed voice recordings from a Smart Speaker, how would the court system request it and would the company who holds the recording have to comply?

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

The court system would not request it but the participants in the court proceeding would . In a criminal case I suspect the state would issue a subpoena to the appropriate entity to produce the evidence in court. If the appropriate entity is out-of-state, I'm quite certain that Maryland... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I’m on probation for phone harassment With my kids mother she put two more telephone misused charges on me

What I’m trying to ask I have to go to court for two more phone harassment charges against me from kids mother we do have a court order where we have 50-50 custody and she has not been following the order yes I do blow her phone up yes I get angry with her and cuss at her and say bad things but... View More

Eric Todd Kirk
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answered on Feb 10, 2021

I would suggest that you do two things. Stop posting comments such as these- that can be interpreted as admissions- in a public, online forum. Secondly you should consult with an experienced criminal defense attorney in a confidential setting. If you cannot afford an attorney due to your financial... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I need to know what the maximum penalty wasfor Maryland statute 27.155A and 27.555A back in 1987. I was found guilty

I was given probation for these 2 things. In Maryland case search they show up as misdemeanor. I’m applying for my HQL and one of the questions is have you ever been convicted of a crime that has maximum penalty of over 1 yr . My question is what was the actual penalty for the 2 crimes back in... View More

Mark Oakley
Mark Oakley
answered on Feb 9, 2021

Md. Code art. 27 sec. 555A (telephone harassment) carried a potential jail term of 3 years in 1987.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with md statute 27.151A false bomb rumor in 1988. I was found guilty And give probation . Can this be

I was given probation and community

Service. I was found guilty but completed

Community service . Can this be expunged.

This took place in 1988

Mark Oakley
Mark Oakley
answered on Feb 9, 2021

If you were convicted, and not granted a "probation before judgment" (PBJ) disposition, then this offense is not among the convicted offenses that may be expunged under the current law. If you received a PBJ, then you are eligible for expungement. The list of convicted offenses that may... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Violation of Probation for restitution not being paid in full prior to probationary period ending

I was convicted of felony theft, over $10k under $100k. I was sentenced to 4 years incarceration, all but one suspended and 5 years probation. I was also ordered to pay restitution in the amount of $47,000. I paid monthly what I could afford, abided by the terms of my probation and was released... View More

Mark Oakley
Mark Oakley
answered on Feb 8, 2021

Assemble all your payment records and income verification and bankruptcy info, which will show your good faith efforts to pay. I do not see you being violated for inability to pay such a large restitution obligation. Nobody gets violated for not having enough money. Your probation should be closed... View More

2 Answers | Asked in Consumer Law, Contracts, Criminal Law and Landlord - Tenant for Maryland on
Q: What can a landlord do legally during a home inspection? Is there anything illegal that could happen?

We have a home inspection with a very controlling, disgruntled landlord who does not believe we have any rights. It’s a verbal lease and he believes that he is law.

Can he legally go through, shift, move, touch anything that is ours during the inspection? What rights do tenants have... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 4, 2021

You should repost this query under the heading Landlord-Tenant to get the best advice.

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1 Answer | Asked in Criminal Law for Maryland on
Q: The prosecuting attorney has informed me that the Feds would be picking up my case. How long will I have to wait for a

federal indictment telling me the charges that will be brought against me?

Mark Oakley
Mark Oakley
answered on Jan 31, 2021

Hire a lawyer ASAP. You lawyer can immediately contact the Assistant United States Attorney (AUSA) assigned to the case, and start crucial conversations, negotiations and efforts to steer the direction of the prosecution. The key time to work the best possible deal (if a deal is in your interest)... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How is Federal time calculated when you have a criminal history? How long can someone be legally detained in a federal

facility before receiving a trial? Is there a way to access federal case information through PACER?

Mark Oakley
Mark Oakley
answered on Jan 31, 2021

Past criminal history is one of two primary factors that determine sentencing ranges for federal convictions. The other major factor has to do with the nature and seriousness of the offense for which the defendant is charged and sentenced. A point score is developed for each category, based on... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If the prosecuting attorney informs my lawyer that the prosecuting attorney was taking my case. How long do is the wait

for the federal indictment?

Mark Oakley
Mark Oakley
answered on Jan 30, 2021

Ask your lawyer, since you have one, and since your lawyer has been communicating with the prosecutor. There is no set timeline.

1 Answer | Asked in Criminal Law and Civil Litigation for Maryland on
Q: In the state of (Maryland) , what is the penalty if the person who filed a restraining order then violates it.

If the person who files for the order then makes contact with the person they filed against. And furthermore that the contact continues and is mutual / consensual.

Mark Oakley
Mark Oakley
answered on Jan 25, 2021

The restraining order is only against the person the order is issued against. It is not against the person who filed. Only the person it is issued against can violate it, not the person who filed it.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was arrested on a warrant for failure to appear the officer put the wrong last name on my citation will it be threw ou

I never received papers in my name for court, i even called the courthouse and the lady kept telling me that i didn't have anything

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2021

It won't be thrown out if the right person was charged, but a name was wrong. That can be amended. It could, however, be a defense if the wrong person was charged, or identity is not proveable. You might have other defenses. You should seek counsel.

2 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: I'm Adverse Possess A Building The Owner Broke In And Three Outher Who Are Workers With Him And Stole Things

I Needed Regarding The Adverse Possession (No Trespassing Signs)/ Heaters 4 Trash Bags Tools And So On. I Called The Police And They Didn't Lock Them Up. And And I Went To The Police Commissioner And And They Declined My Application Of Statement Of Charges.With The Police Complain Police... View More

Richard Sternberg
Richard Sternberg
answered on Jan 16, 2021

Adverse possession is a defense, not a claim. If you have possessed the property openly adversely continuously and hostilely for 20 years in Maryland, the title owner may not maintain an action to eject you. There is no "adverse possessing a building." Until the 20 years passes, you own... View More

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1 Answer | Asked in Juvenile Law and Criminal Law for Maryland on
Q: So if a 19 year old man purchased a ruffle from the store can a juvenile charge be use against you
Mark Oakley
Mark Oakley
answered on Jan 3, 2021

No. It will have to be recharged as an adult case.

1 Answer | Asked in Criminal Law for Maryland on
Q: In 2005 I accepted a plea of a MD 21.904.e. This references a crime of violence .My record shows that’s false. What now?

My record shows that no crime of violence was committed and the statute should have been entered as a 21.904.a. To me this is cut and dry. I’ve written the now sitting judge . I CC’d states attorney and included a certificate of service . I’ve also requested the police report and copies... View More

Mark Oakley
Mark Oakley
answered on Dec 30, 2020

To correct a clerical error, if that is all this is, you would file a motion in the case, with the case caption, and serve the state’s attorneys office under a certificate of service as required by the rules. If this is a District Court case, there is a blank general motions form you can download... View More

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