My arrest was 100 times what it shouldve been and I cant get a job. No one cares about the 2nd degree assault, but they care about the arrest. "If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or... View More 
answered on Dec 29, 2023
If your attorney filed a motion for modification of sentence within 90 days and asked the judge to hold it sub curia, then your attorney can ask the court to schedule a hearing to determine whether the conviction should be modified to probation before judgment. If it is modified to the PBJ, the... View More
In the state of Maryland, can you get a 2nd degree assault expunged earlier than 5-7 years... Its not the 2nd degree assault that's the problem since its a misdemeanor, but the cop over charged me 100 times what it should have ever been charged. Now its hard to find jobs off of the arrest, not... View More
answered on Dec 29, 2023
If you received probation before judgment, it can be expunged three years after the entry of the PBJ so long as your probation is over by then or sooner for good cause. If the conviction was intact, then it depends whether the assault was a domestic incident. If it was not, the waiting period is 7... View More
Need someone who is familiar with military court. Although, my daughter is not in the military, she works on the base in the Child Care Center.
answered on Dec 22, 2023
The Public Defender’s Office provides free representation in criminal cases for defendants who meet the financial requirements. If the case is pending in federal court (United States District Court or before a U.S. Magistrate), then she (not you) needs to apply for representation with the Federal... View More
I am trying to find out if these charges can be expunged in Maryland?
answered on Dec 15, 2023
Felony convictions of possession with intent to distribute are expungeable after a period of years, ranging from 3, 7 and 10 years after all terms of the sentence and probation are completed depending on the nature of the controlled substance (cannabis being in the shorter range) and the specific... View More
I am trying to find out if these charges can be expunged in Maryland?
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answered on Dec 14, 2023
The process of expunging criminal records, especially for felony charges, varies significantly by state and the nature of the charges. In Maryland, the laws regarding expungement have specific criteria that must be met for a record to be eligible.
For charges related to Controlled Dangerous... View More
Sentence all suspended but , 30 days with 2 years of unsupervised probation. She is a two time felon and once released from these charges she goes right back to court for trespassing and malicious destruction of property. If found guilty will she violate her unsupervised probation and have to... View More
answered on Dec 13, 2023
Whether she does her back-up time is up the the judge at the VOP hearing, but that is what she is facing. She has to be found guilty of the VOP first. That will typically depend on whether she is found guilty of the trespassing and malicious destruction of property. Therefore, her focus should... View More
He was arrested for first degree assault, I called the cops for help..I'm being charged in return with 2nd degree assault because right before I passed out from strangulation I reached up and scratched his face to get him to stop. I never would have called for help if I new it would just come... View More
answered on Nov 29, 2023
You will need to appear for the charges against you or a warrant will be issued for your arrest. You should have an attorney representing you. You should either retain private counsel or go to the Public Defender.
Your attorney can advise you of the best way to proceed which may mean... View More
He was arrested for first degree assault, I called the cops for help..I'm being charged in return with 2nd degree assault because right before I passed out from strangulation I reached up and scratched his face to get him to stop. I never would have called for help if I new it would just come... View More
answered on Nov 29, 2023
If you do not show up, and have not been subpoenaed, there is no direct consequence to you if you fail to appear; however, without you present, his charges will be dropped. Your charges will still be pending, and he may show up at your case and testify against you, so you risk having a conviction... View More
Me and co defendant were ordered to pay restitution jointly and severly. The co defendant paid the restitution and received credit for the payment. If it was jointly and severly with co defendant don’t we both get credit for the restitution and if so how does the co defendant get credit for the... View More
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answered on Nov 19, 2023
In a situation where restitution is ordered jointly and severally, if one co-defendant pays the entire amount, it usually satisfies the obligation for all parties involved. This means that if your co-defendant has paid the full restitution, legally, the debt is considered paid for both of you.... View More
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answered on Nov 12, 2023
In the United States, the right to peaceful protest is protected under the First Amendment.
However, this right is subject to certain restrictions to ensure public safety and order. Local laws may require permits for large gatherings or the use of public spaces like streets or parks.... View More
Of course only legally speaking. If I was just an observer of a traffic stop in progress involving someone else, how close can I get the the car stopped or the officer doing the stop? Can I position myself behind the officer? Can I interact with the driver or passengers, specifically to give... View More
answered on Nov 12, 2023
You cannot position yourself right behind the officer or the officer may feel you pose a danger. You cannot interfere with the stop or arrest. You can film it since you are in a public place. You should not be interacting with the driver or passengers. You must obey a lawful command of the police... View More
I have emailed the supreme courts and administration of hearings also and they told me to ask MSP and MSP told me to ask a lawyer I explained to them it would be locked in a safe, I would only have a key and combination to the safe he would not have access to it I have rights this violates my 2nd... View More
answered on Oct 20, 2023
Your husband cannot own or “possess” a firearm. Possession encompasses “constructive possession,” which means the firearm is accessible to him. Any gun n the house he dwells in is close enough to be accessible.
“But my wife is the only one with a key or combination to the gun... View More
I was on vacation out of state and a family member realized her things were rummaged through when we came back from an event and items were missing. I noticed my medication and money was gone the next day when I went to take them. This happened in South Carolina and I live in Baltimore. The hotel... View More
answered on Oct 16, 2023
The simple answer to the question of whether you can sue the hotel is "yes." However your need an attorney admitted to practice in SC and evidence that the hotel's staff was negligent in some manner. Presumably, the doors to the rooms lock automatically upon exiting the room so... View More
Incarcerated when MVA suspended my license, and they suspended it for failure to take driving improvement program, which was during COVID. Can I get out of this one? I mean clearly I got released from prison and started driving, but I honestly didn't know it was suspended
answered on Oct 15, 2023
Do the driver improvement program now and get your license reinstated. You should retain counsel to represent you since the offense carries possible jail time and the VOP also could lead to jail time. If you get your license reinstated, there is a good chance an attorney can keep you out of jail.
Incarcerated when MVA suspended my license, and they suspended it for failure to take driving improvement program, which was during COVID. Can I get out of this one? I mean clearly I got released from prison and started driving, but I honestly didn't know it was suspended
answered on Oct 16, 2023
You can take the DIP online, and download the certifiate of completion. Hire a lawyer and provide the lawyer with the certificate, plus download your complete driving record from the MVA website and give that to your lawyer as well. There is an excellent chance this can get resolved without... View More
Car was impounded during an arrest when there was no probable cause for the arrest or for the way that the police blitz attacked the vehicle while it was sitting still at a red light. After arresting the occupants o the vehicle the officers obtained a warrant to search the vehicle and found some... View More
answered on Oct 14, 2023
Possibly. More likely to suppress the evidence if the car belonged to the young man than if he was a mere passenger. It depends on more facts than you’ve provided, and the inference that all passengers in car equally possessed the evidence found in it is a potentially very weak one—also partly... View More
answered on Oct 11, 2023
Yes, these charges can generally now be expunged. There are some variables, as old Article 27, Section 286A, 286B and 286C are all different from Section 286 (without a capital letter attached). Former Article 27, Section 286 has been recodified under Criminal Code 5-602. Both a misdemeanor... View More
A young man is being wrongfully charged with several serious charges which he is definitely not guilty of. The initial arrest was without warrant and lacked sufficient probable cause for the arrest. Now prosecutors are using evidence that is not related to the case, but could be made to seem like... View More
answered on Oct 4, 2023
The young man’s lawyer should decide on whether a bill of particulars is necessary or appropriate. Once discovery (evidence) from the prosecutor’s case is provided, it can be reviewed and then a bill of particulars drafted to address the gaps in the State’s case.
So I was given 3 years probation plead guilty but was given a PBJ I want to close my probation early my only conditions are comply with mental health which I have been doing but I have been doing other classes also have certificates , enrolled in college, no issues on probation my probation isn’t... View More
answered on Sep 28, 2023
You can always file a motion requesting that the judge terminate probation early or even request an early expungement of your criminal record. However, whether the timing and reasons in support of your request are sufficient or appropriate at this time would require more evaluation. Discuss this... View More
answered on Sep 26, 2023
Your best bet is to hire an attorney to file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be set for trial. The attorney can then represent you at trial.
Your option is to turn yourself in while ready to pay the $1,000.00 bond or... View More
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