Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maryland Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Maryland on
Q: Would having someone else write an statement and you agree to what’s written...be perjury!

If my sons father has his wife complete the protective order for him statement and all and he signs it would I be able to get the order dismissed to perjury him saying he completed the form when it’s two different hand writings?

Mark Oakley
Mark Oakley
answered on Sep 18, 2020

No. Who wrote the statement is not relevant. So long as he signed the petition and made oath or affirmation the the statements were true, the petition is not invalid. Of course, you can cross-examine him about those written statements not being his, and therefore represent his wife’s eye-witness... View More

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: Is “Dangerous weapon-Intent/Injure a felony or misdemeanor charge?

CR.4.101.(c)(2) Is the statute

Mark Oakley
Mark Oakley
answered on Sep 17, 2020

Misdemeanor, up to 3 years, $1,000 fine.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: Hi is there anyone that can explain what it means on case search when the comments on a habeas corpus says district

Court cd received?

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2020

The State of Maryland provides a free, and easily accessible database containing important information about civil and criminal cases, as well as data about liens. Most who use it regularly call it “case search”. Old school users may call it JIS. The official name is the Maryland Judiciary Case... View More

View More Answers

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: I had a charge that I had plead guilty to which was about bank fraud received 5-6 mths house arrest over 7 years ago

Now I have a business need to carry because I handle money and bank drops alone I'm a lady leave alone my crime isn't violent why does this prevent me from getting my HQL

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 13, 2020

You'll need to check the requirements of the licensing authority. They may or may not be concerned as to whether or not an applicant has been convicted of a crime of violence. They may be more concerned with convictions relating to honesty and propensity to tell the truth. If this is a crime... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Its my first time in trouble and I got a change for destruction of property and its value is 1,000 and a mistamener
Mark Oakley
Mark Oakley
answered on Sep 9, 2020

Hire a lawyer. There’s a good chance of working out a deal not only to avoid a conviction, but possibly getting the charges dropped in exchange for some community service hours.

View More Answers

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: Can I file harassment charges against insurance adjuster for harassment (telephone and electronic)?

My roof was damaged during a storm. I called the adjuster (Travelers Insur.) and the adjuster stated I needed to go onto the roof. I stated I wouldn't do that. The adjuster then called me and stated he would come past the home and take pictures. The same adjuster called and stated he... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2020

It's likely because there is not a lot of assistance available for the situation you described. An insurance company has a quasi-fiduciary and contractual obligation to adjust, investigate and ultimately resolve your claim. They do not stand in the position of a creditor.

1 Answer | Asked in Criminal Law for Maryland on
Q: My mate is incarcerated they wrote him a ticket saying he was possessing a phone. They never caught him with a phone

They are saying they have data of his voice and is saying that it’s a phone number that’s on his phone list and another person phone list

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2020

It's difficult to understand the nature of the charges your friend faces. Of course it's not illegal to possess a phone. It sounds like there might be some criminal conduct associated with the use of the phone, but the question is unclear. If you have the statement of charges or statement... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Where can I best find info on Maryland state sentencing and parole procedures?

I would like to find info that can help a family member that was given a life sentence with all suspended but 50 years.

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2020

You will find the most direct source of information regarding sentencing guidelines here:

http://www.msccsp.org/Guidelines/

1 Answer | Asked in Criminal Law, Personal Injury, Juvenile Law and Libel & Slander for Maryland on
Q: My 14 year old son was accused of sexual assault in the middle of class. After the investigation and no evidence the

court dropped the case. That is including no witnesses. Her parents petition and had it reopened. There is no new evidence and we moved from Maryland to Texas. At what point does this become harassment or slander? At the beginning of this we were upfront with the planned move. So it wasn't... View More

Tim Akpinar
Tim Akpinar
answered on Aug 29, 2020

A Maryland attorney should advise you on this, but your question remains open for two weeks and time is likely of the essence in any reply or appearance you might need to arrange for. While this is not something you don't already know, it would be advisable for you to consult with an attorney... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Ex husband was arrested a year ago for a domestic Violence charge. Charges were dropped and dismissed. Now he wants to

Regain his job as a police officer and wants me to recant my statement. If I do recant my statement what can happen?

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 26, 2020

Potential criminal charges in this situation would involve giving a false statement to a police officer, obstruction of justice and perhaps perjury depending on the context.

2 Answers | Asked in Criminal Law for Maryland on
Q: Is it possible get a theft misdemeanor case dismiss and sealed for a first time offender?

Two citations were given for a scheduled court date. The basis of the charge is shoplifting.

A court date has not been set yet.

Mark Oakley
Mark Oakley
answered on Aug 24, 2020

Yes, it is possible, but hire a lawyer to insure that result.

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no court date listed after completing a rehab treatment do I have to go back to court ?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 14, 2020

I'm not sure what you mean by "listed". I would say as a general proposition if there is no court date reflected on Maryland's judiciary case search, there is no currently scheduled court date. You should be aware that many cases were rescheduled during the Coronavirus Covid19... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How likely will a PO check their parolees phone records ?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2020

It's not possible to tell how likely or unlikely that would be. Parolees have a lessened expectation of privacy in their persons and effects. They may or may not have to get a warrant. Indeed you may have already consented to a review of your phone records as a condition of your release. If a... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Can Cr.9.408.(b) guilty be expunged?

04/10/2005 was the offense date

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 10, 2020

It's not specifically referenced. You would likely have to file for a hearing with a judge show good cause.

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: My felony conviction 16 years ago does not show up on the Maryland case search website. Is it gone?

Distribution of marijuana

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2020

If you had it expunged it could be 'gone.' If it was vacated, it could be gone as well, but presumably you would have received notice. It might be referenced under a different or misspelled name. Moreover, the fact that it might not appear on case search does not negate the conviction.

2 Answers | Asked in Criminal Law for Maryland on
Q: I was convicted of 1st degree escape in 2012 when I left a drug rehab, after a modification in MD. Is this expungeable?

Good Evening,

I was sentenced by a judge to rehab after receiving a sentence modification. I was later convicted of 1st degree escape after not returning to the facility on time (by curfew). I was returned to the jail and charged with 1st degree escape, for which I received an additional 6... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 31, 2020

A conviction for 9-404 [1st degree Escape] is not listed in Md. CRIMINAL PROCEDURE Code Ann. § 10-110 as a conviction eligible for expungement. Your only resort would seem to be filing for relief under the provisions allowing a court to grant a petition for expungement at any time on a showing of... View More

View More Answers

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Is it legal for the police to detain you and call a K-9 unit out solely because you have a single past criminal charge?

My husband and I pulled out of our driveway and passed a state trooper who immediately turned around, followed us for 2 miles (long enough to run our tags and see that he has a 5 year old closed misdemeanor drug case against him) then pulled us over into a parking lot. He said he pulled us over... View More

Robert C. Bonsib
PREMIUM
Robert C. Bonsib
answered on Jul 27, 2020

Unfortunately - this happens all to often.

If the police have a legitimate reason to stop a vehicle - the duration of the stop must be analyzed by the reason for the stop - for a minor traffic violation the time period should be brief - if there is no reason for the stop - then the stop...
View More

1 Answer | Asked in Criminal Law for Maryland on
Q: how can i get someone locked up for fileing fake charges on me that get dropped like 6 times
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 27, 2020

If a false statement was made to a law enforcement officer, the maker of that statement might be prosecuted. You might also have civil remedies such as false arrest, imprisonment or malicious prosecution.

1 Answer | Asked in Criminal Law for Maryland on
Q: If I get a full pardon in Alabama and I move to another state ( MD/ VA) for work, will the state honor the full pardon?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2020

Unless you are applying for work with the state I would think the question would be would a private sector employer honor your pardon? Principles of full faith and credit should operate so that one state treats the judgments of another state as they would treat judgments of their own state.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is cocain ànd crack a violent crime in Delaware
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 21, 2020

You should consult with a Delaware attorney. The state provides information here about crimes considered violent felonies here:

https://delcode.delaware.gov/title11/c042/

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.