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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: I want to be an attorney that represents individuals who are wrongfully convicted, who are on death and children given

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?

Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was convicted of a felony, Burglary 2 back in 2008 in Maryland. Can i have that removed from record?
Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Habeas corpus. Is this a good thing or a bad thing? What can I do to help him?

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... Read more »

Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Criminal Law for Maryland on
Q: I received a letter saying that the state is requesting a nolle prosequi for the purpose of “EMS/mg” what does this mean
Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I get my misdemeanor theft conviction expunged in MD from 1999? The statute code is 27.342
Scott Scherr
Scott Scherr
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.

1 Answer | Asked in Criminal Law for Maryland on
Q: My husband has a v.o.p but he was charged with a crime but it was dismissed he goes to court April 18th
Scott Scherr
Scott Scherr
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... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can a Prosector use false evidence against a defendant in a criminal felony case?

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... Read more »

Mark Oakley
Mark Oakley
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.... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: What is the average sentence for 1st degree assault, with a handgun, and reckless endangerment? Thanks
Mark Oakley
Mark Oakley
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.... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Is it illegal to help a prostitute create and post a video advertising her services?

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.

Mark Oakley
Mark Oakley
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...
Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Why would lawyer ask for speedy trial after requesting motion to suppress evidence?

Lawyer requested evidence, then requested to supress etc, then asked for speedy trial.

Mark Oakley
Mark Oakley
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... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: my defense lawyer deliberately lie and state that I shot someone when I did not

This was at sentencing to influence the judge for a plea deal the video doesn’t show a shooting

Mark Oakley
Mark Oakley
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... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: Lawful to record phone call conversations with law enforcement without their prior notice or without permission?
Scott Scherr
Scott Scherr
answered on Mar 3, 2022

No, this is a crime. You cannot record any phone calls without the consent of all parties.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I be charged with assault for knocking somebody’s grocery cart with my own while a child was in the seat? No malice

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... Read more »

Eric Todd Kirk
Eric Todd Kirk
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.

2 Answers | Asked in Criminal Law for Maryland on
Q: can I expunge & shield a 20y old Nolle Prosequi? & how do I fill out the form for my Nolle Prosequi myself?

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... Read more »

Mark Oakley
Mark Oakley
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... Read more »

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2 Answers | Asked in Criminal Law for Maryland on
Q: If the state intentionally does not give 100% of the evidence used for search warrant, what can be done?

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... Read more »

Scott Scherr
Scott Scherr
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... Read more »

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1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Legal Malpractice for Maryland on
Q: If discovery states aerial photos, doesn’t the prosecutor have to provide these to defendant?

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... Read more »

Mark Oakley
Mark Oakley
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.... Read more »

1 Answer | Asked in Criminal Law for Maryland on
Q: When a person is giving private home Detention why to there pending case read Closed/Inactive
Mark Oakley
Mark Oakley
answered on Feb 18, 2022

If the person is sentenced to home detention, that's the sentence: case is closed. The fact that a defendant is now serving his or her sentence or is on supervised probation does not mean that the case before the courts is "active" any longer. The case may become active again if... Read more »

3 Answers | Asked in Criminal Law and Real Estate Law for Maryland on
Q: Can Surveyors Trespass To Do Their Job in Washington dc and Maryland?

What are the Maryland and DC statutes concerning this question?

Mark Oakley
Mark Oakley
answered on Feb 18, 2022

The crime of trespass requires either (1) that the property is posted by signage in a conspicuos location against trespass; or (2) the person allegedly trespassing has previously been specifically warned not to come onto the property, either verbally or in writing, but nevertheless entered... Read more »

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1 Answer | Asked in Criminal Law and Small Claims for Maryland on
Q: What are the charges for low value theft
Scott Scherr
Scott Scherr
answered on Feb 16, 2022

You can be charged with theft under $100.00 which is a misdemeanor and carries a maximum penalty of 90 days in jail and a $500.00 fine.

2 Answers | Asked in Criminal Law for Maryland on
Q: I have a 15 ear old case in Baltimore. There is also a warrant. It is for theft over $500 which absolutely FLASE. Help?

There is a warrant - Baltimore court is not really open due to COVID, Can anyone help?

Mark Oakley
Mark Oakley
answered on Feb 15, 2022

Hire a criminal defense lawyer to file a motion to recall the warrant and/or reach out to the prosecutor’s office to review and potentially dismiss the charges if you can demonstrate the charges are false.

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