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Maryland Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Maryland on
Q: My mom was charged with 2nd degree chid abuse on record, she was not formally charged.

we found out about the charges through letters from several attorneys, does that mean its not as severe as the charges sound?

Eric Todd Kirk
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answered on Dec 14, 2020

It's difficult to understand what you mean by "formally charged". There are different ways a criminal case can be instituted ranging from an application for a statement of charges filed by citizen to an indictment from a grand jury. Any criminal charges are serious ones and certainly... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: According to MD trespass can be expunged. Does this refer to everything in 6-4
Eric Todd Kirk
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answered on Dec 10, 2020

Can I have a Conviction Expunged in Maryland?

Until quite recently, the answer to that question was a resounding “no” except for some very minor crimes more akin to municipal offenses. Perhaps the paradigmatic example was "public urination" - a "crime" in name only,...
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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Federal Crimes for Maryland on
Q: I read all that, but I am looking for a clear definition of "organized militia"

I read this, but request definition clarification, please:

§ 13-214. Prohibitions

(a) Except for the units of the organized militia and the troops of the United States, a body of persons may not associate as a military company or organization or parade in public as a military... View More

Mark Oakley
Mark Oakley
answered on Dec 8, 2020

Maryland law defines two legal types of militia under the Public Safety Article 13-202. ALL other bodies of persons organized as a military company or organization are prohibited from acting in violation of the provisions you have cited to n 13-204. That’s it. There is no need to further define... View More

1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Regarding Adverse Possession The USPS The Mail Men Keeps Returning The Mail To Sender And Regarding That Its Vacant .

And No Vacant Notice / Notice To Pickup Mail From The Post Office. I Had The The Addresses Verified By The Post Office. And 4 Time Within A Year I Reported That It Was Not Vacant And Non Of The Addresses There Of The Mail Will Begin And My Packages Will Come Then Vacant Return To Sender Again. The... View More

Thomas C. Valkenet
Thomas C. Valkenet
answered on Dec 7, 2020

Your question lacks basic facts. Unless you have a court order granting you a deed on the basis of "adverse Possession," you remain a trespasser. You have to go to court and prove the adverse possession claim.

2 Answers | Asked in Land Use & Zoning, Real Estate Law and Criminal Law for Maryland on
Q: Adverse Possession Can A Owner Break Into A Building On The Land And Change The Locks If Not What Would Happen Regarding

A Owner Break Into A Building That I Adverse Possession And Changed The Locks. And A Time A Renter Of A Bissnesses On The Land Of The Same Campus Broke Into The Same Building On The Land And Stole The Water Heater Turned Off The Water/ And Close The Building Up. Also What Are The Owns Rights... View More

Eric Todd Kirk
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answered on Dec 7, 2020

The thrust of this question seems to concern property rights, and I would suggest your reposting it under the heading real estate/real property.

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1 Answer | Asked in Criminal Law for Maryland on
Q: What are some things that judges take into consideration when deciding to give a defendant bail on criminal charges?
Mark Oakley
Mark Oakley
answered on Nov 28, 2020

Seriousness if the crime, whether it was a violent crime, if the crime was only a property crime or drug crime or a crime directed against a person, whether a weapon was used, if there were victims who suffered injuries, the defendant’s past criminal history, the strength of the evidence against... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Is there a specific amount of time the State's Attorney can withhold evidence from the defendant?
Mark Oakley
Mark Oakley
answered on Nov 28, 2020

The prosecutor has mandatory disclosure requirements without even being requested under the procedural rules, and then the defendant has the right to request other discovery under the rules. Both have time requirements for production of evidence. Any disclosures after those time deadlines are late,... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: How long can the court Maryland court systems postpone a court date due to COVID-19?
Eric Todd Kirk
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answered on Nov 24, 2020

The COVID19/coronavirus pandemic has claimed some 260,000 American lives since February. Experts suggest this is a once in a lifetime health crisis of epic magnitude. I predict he courts will continue to adhere to the guidance of public health officials and the governor. There is no limit on the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: My spouse was incarcerated at the end of February, prior to COVID-19 closing all courts. His lawyer requested a speedy

trial, however, due to the COVID-19, all court proceedings were postponed. Will the state of Maryland be able to postpone the court date again for the same reason? What if a jury trial was requested, but jurors are not allowed to attend? Are there any petitions or motions that his lawyer can file... View More

Eric Todd Kirk
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answered on Nov 24, 2020

Yes -the state can postpone the trial due to a global pandemic.

You should consult closely with your chose lawyer on options in this situation.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a Maryland pbj be expunged after the probation if the probation is only a year with no violations?
Mark Oakley
Mark Oakley
answered on Nov 16, 2020

The expungement statute provides that you are absolutely entitled to expunge only after 3 years, but gives the court discretion to grant an expungement earlier for "good cause." So, you will need to file a motion setting forth good reasons why you should get the benefit of an expungement... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: if a syringe is found on my person, but never used..is that still considered as administering equipment

a traiffic stop and pulled over said they found and empty capsule and vile as well as a never used before needle

Mark Oakley
Mark Oakley
answered on Nov 12, 2020

None of these items alone are illegal. There must be some basis to connect them to illegal drug use. Usually these offenses are supported by evidence of illegal drug residue or proximity to drugs. Chemical analysis is required to prove the residue or alleged drug substance is in fact illegal drugs.... View More

1 Answer | Asked in Criminal Law and Animal / Dog Law for Maryland on
Q: Hi I found an abandone puppy over 1 month ago no tags or nothing can they claim him after this long after being abandon

They abandone la his puppy for over 1 month and sudden they want the puppy back what should I do after I spend in vet care meds food and Carr for this puppy and no one claimed him this long

Mark Oakley
Mark Oakley
answered on Nov 11, 2020

The person claiming property was abandoned has the burden of proof to present evidence of abandonment and persuade the judge of that fact. Just because you find a puppy or any other item does not mean it was abandoned. It may have been mislaid, lost, or neglectfully left on its own, without any... View More

1 Answer | Asked in Civil Rights, Criminal Law, Federal Crimes and Real Estate Law for Maryland on
Q: Can The Owner Of Land Call The Police / Unlawful Detainer Regarding Adverse Possession

Regarding Adverse Possession Or (Adverse Possession Squatting Rights And And Is Trespassing Loitering BNE Under Adverse Possession Or Squatting Rights

Mark Oakley
Mark Oakley
answered on Nov 11, 2020

A person occupying or upon property they do not own and does not leave when asked, or returns after being told not to come on the land, is trespassing, and if that same person opens and enters any structure or building on the land, regardless of whether they were told not to be on the property, has... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I move back to Minnesota from Maryland, even though I've been charged with second degree assault?

I have been charged with second degree assault, and my roommate moved out of the apartment after the incident. I can no longer afford rent, and would like to move back to Minnesota. I have a court date on December 7th, but would like to move before then.

Mark Oakley
Mark Oakley
answered on Nov 4, 2020

Unless there is a condition of your release on bond, assuming you were arrested, that requires you to remain in-state, there is no prohibition on your freedom to travel or relocate your residence. You still must appear for your trial and deal with this case. If you are found guilty and a period of... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Can I fight a no trespass notice?

I was stopped/detained at the grocery store store for concealing items and therefore shoplifting. The person who stopped me was in plain clothes and did not show me any id. I did cooperate, however my ID was in the car. They called the police, however before the police arrived I was allowed to... View More

Eric Todd Kirk
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answered on Nov 1, 2020

It's difficult to envision the forum in which the no trespassing notice would be contested. Although you have not yet been charged it's conceivable criminal charges will be filed against you, and you could raise challenges to the lawfulness of the stop at that time. If you are charged... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: What if I’m just masturbating in my car

Is it legal in Maryland? Especially if masturbation on the metro in Maryland is legal

Mark Oakley
Mark Oakley
answered on Oct 19, 2020

It's a crime if anyone sees you. If charged, hire a lawyer. You do not want this on your record.

2 Answers | Asked in Criminal Law for Maryland on
Q: what if i receive a notice about obstruction of correspondence will i be fined or go to jail.
Mark Oakley
Mark Oakley
answered on Sep 30, 2020

18 U.S. Code § 1702. Obstruction of correspondence:

"Whoever takes any letter, postal card, or package out of any post office or any authorized depository for mail matter, or from any letter or mail carrier, or which has been in any post office or authorized depository, or in the...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Can my expunged records be use against me in another case in Maryland's courts?
Mark Oakley
Mark Oakley
answered on Sep 30, 2020

No. Maryland Criminal Procedure Code, Sections 10-108 and 10-109, prohibit disclosure of an expunged record or information from that record to another person without a court order. Violation of these sections is a criminal offense that carries up to one year in jail. For a public employee or... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Why am I being charged for defending myself in my own home?

I was attacked from behind in my own house. I tried using a knife to defend myself but before i could i was slammed to the ground and unconcious a few seconds. Why am i being charged?

Eric Todd Kirk
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answered on Sep 29, 2020

It's unlikely that you would be charged based on the facts as you've described. I can't see that any crime was committed based on the information you provided. You didn't say what you were charged with. Was it related to the possession of the knife? I think it more likely that... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Hi can anyone explain what pretrial division Correspondence means in terms of a habeas corpus?
Eric Todd Kirk
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answered on Sep 22, 2020

It's impossible to know the content of the communication or guess at its effect, but, Pretrial Release filed something with the court. If you are the defendant, presumably you got a copy. If not, you may need to check the court's file at the courthouse.

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