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Maryland Criminal Law Questions & Answers
3 Answers | Asked in Criminal Law for Maryland on
Q: So a friend of mine was just fired from Wal-Mart recently for theft with a total value $1.098. What should he do..?

Its is his first time.

Mark Oakley
Mark Oakley
answered on May 21, 2020

The ONLY thing he should do at this point is retain a lawyer. If he cannot afford a private lawyer, he needs to apply for the Public Defender. Theft of money or property with a value of $1,098 is a misdemeanor that carries up to 5 years in jail. Judges do not like employee theft cases, because... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Is illegal for an authorized credit card user to continue to use the credit card after the Primary Account holder dies?

I am looking specifically for State or Federal statute reference. Or some other Official code.

Mark Oakley
Mark Oakley
answered on May 17, 2020

It may depend on how the card account is set up, whether there is a separate card issued in the name of the authorized user, and what the account agreement says. Ordinarily, no, a mere authorized user would not be able to continue charging because immediately upon death of the account holder, the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: What is the statue of limitations on a 4th degree burglary and mal. Destruction of property over 1000 in state of MD.??
Mark Oakley
Mark Oakley
answered on May 17, 2020

Although both are misdemeanors, because each one carries the possibility of prison in the penitentiary, there is no statute of limitations and the crimes may be prosecuted at any time. The only exception is if the date of the alleged offenses predate the 2001 amendments to the Code that changed... View More

3 Answers | Asked in Criminal Law for Maryland on
Q: Can someone be convicted in Maryland for a gun charge if all the proof you have his the person holding it in picture but

Not on person when the police comes

Eric Todd Kirk
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answered on May 16, 2020

Someone could absolutely be convicted of the crime based on that evidence alone, especially if the crime charged related to possession only.

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2 Answers | Asked in Animal / Dog Law, Criminal Law and Federal Crimes for Maryland on
Q: If i live with someone who owns dogs separately, & arent related can i be charged with neglect if they arent mine?

If i live with someone but have no affiliation with them other than being a general tenant in the home of which i pay rent, and the co owner also lives there too, am i responsible for their animals also, in a legal aspect?

What about the other partial co-owner of the home, would they be... View More

Mark Oakley
Mark Oakley
answered on May 13, 2020

Depends on the scenario. If you are one of the co-owners/landlords of the property, and the tenant owns the dogs, and they are renting a room in the property and have access to other common areas like the kitchen, then the owners of the property can likely get charged because they live in and have... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Maryland on
Q: I need answers!!!

my son is currently at Central Booking we have ask for his panal attorney to put in for a review of his case because he does have asthma and has been receiving treatment at Central Booking for it. Unfortunately since he has had the panal attorney assigned to him the panal attorney is always... View More

Mark Oakley
Mark Oakley
answered on May 9, 2020

It is not clear whether the problem is primarily that the panel attorney does not have the time to devote to your son's case, or is unable to do much given that the courts are all closed and operating to address only emergency issues and therefore cannot do anything at this time for your son... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with a federal offense that began in dc.,18 u.s.c 2423. 11-502 required offense that' also violates dc

Code must be charged. I noticed that although 2423 also contains the offense of prostitution I was never charged with any dc code offense

In fact, I'm the only person that's been every charged like this. ..please help

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on May 7, 2020

When you day DC are you referring to federal District Court in Maryland or DC as in District of Columbia? Where is the case now? How many others were involved? It seems like you are being charged with being part of a ring. Federal charges are based on statute instead of the common law and are... View More

3 Answers | Asked in Criminal Law for Maryland on
Q: can a internet search on its own be illegal without any after action

merely an internet search on google with no downloading of any content

Robert C. Bonsib
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Robert C. Bonsib
answered on May 7, 2020

It depends on what you are downloading or viewing.

As an example, if someone searches for child pornography and views the images or videos but does not download them - that is still a crime.

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1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland, is it legal to use a hidden voice recorder to see if your spouse is having an affair?
Elizabeth Pugliese
Elizabeth Pugliese
answered on May 4, 2020

It is not legal in Maryland to record someone without their permission -- no matter the reason. Not only will a judge not listen to it, but you could be exposing yourself to criminal charges.

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Charge with first degree assault and second degree assault at the same time, give me a estimated jail time or a minimum?
Robert C. Bonsib
PREMIUM
Robert C. Bonsib
answered on May 4, 2020

First degree assault has a maximum punishment of 25 years. Second degree assault carries a maximum of 10 years. If the charges arise out of the same act - the second degree assault would merge into the first degree assault so the total maximum would be 25 years. There is no minimum sentence so... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: What should I do if I believe that my husbands sixth amendment has been violated ?

My husband was recently incarcerated before the pandemic started in Maryland .. however, he filed for a speedy trial & has yet to have any court hearings since being incarcerated

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 30, 2020

There is a constitutional speedy trial right, and a statutory one. In circuit court, the trial must occur within 180 of his initial appearance, unless an administrative judge finds good cause. A global pandemic would most certainly constitute good case. But, "speedy trial" rights have no... View More

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Maryland on
Q: I am a medical cannabis patient in maryland. I am wondering where i can smoke cannabis legally. Is my backyard ok?

My backyard can be viewed by neighbors and from the street

I have a chainlink fence around my yard

Eric Todd Kirk
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answered on Apr 29, 2020

I think as a general proposition you're entitled to conduct lawful activity any place where lawful activity is allowed. For example the government may impose a time, place or manner restriction on otherwise lawful activity. It's not clear from your question if perhaps you were conflating... View More

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2 Answers | Asked in Criminal Law and Cannabis & Marijuana Law for Maryland on
Q: I am a medical cannabis patient in maryland. I am wondering where i can smoke cannabis legally. Is my backyard ok?

My backyard can be viewed by neighbors and from the street

I have a chainlink fence around my yard

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 29, 2020

I think as a general proposition you're entitled to conduct lawful activity any place where lawful activity is allowed. For example the government may impose a time, place or manner restriction on otherwise lawful activity. It's not clear from your question if perhaps you were conflating... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Is all conversations confidential with a lawyer even case he told you he can't represent, That the codependent has!

My son hired a lawyer for one case but the lawyer said his second case he was paid by his co-defendent. However still ask questions about the second case is that still client lawyer privilege. Can he use that info in the case with his co-defendant agains him?

Mark Oakley
Mark Oakley
answered on Apr 26, 2020

Conflict of interest analysis is very fact specific, and there is not enough detail in your question to answer your inquiry. It is also not wise to divulge such specific facts on a public forum that your son wants to be deemed privileged. Therefore, the only proper way this issue can be discussed... View More

1 Answer | Asked in Consumer Law, Criminal Law, Family Law and Personal Injury for Maryland on
Q: Is this considered abandonment?

Im a truck driver and in a secured lot I took my dog and tied him to the fence in a grassy area behind my tractor n trailer while I went and took a shower. I came out and a security guard had him in his car and off my leash. I went off and police was called. Police said it's considered... View More

Tim Akpinar
Tim Akpinar
answered on Apr 24, 2020

The attorneys in the Animal/Dog law section would be most likely to be familiar with this issue. You could repost there.

Tim Akpinar

1 Answer | Asked in Criminal Law for Maryland on
Q: What does Discovery Pursuant to Rule 4-263 and how far are we in court ?
Eric Todd Kirk
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answered on Apr 24, 2020

You have cited the rule that governs discovery and inspection in a circuit court criminal matter for both the state and the defendant. All Maryland courts are closed through June 5th, with the exception of emergency matters.

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: I have been charged with violating a protective order because my car was seen on camera at a residence. What can i do?

Already answered

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2020

This is the type of offense that is treated very seriously. In the age of covid-19 and coronavirus, this is one of the few types of cases the court is entertaining. You should immediately consult with an experienced criminal defense attorney and discuss your defenses. I would suggest you no longer... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If consensual siblings rub against each other is that considered sexual abuse? If one licks another's private part?
Mark Oakley
Mark Oakley
answered on Apr 18, 2020

NON-consensual sexual contact is illegal regardless of the relationship, and assault is always a crime. Any intercourse or sexual relations between siblings is a crime, known as incest, whether it is consensual or not. Sexual assault can also be child abuse depending on the age of the victim.... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I need help ASAP with this. It may concern the safety of my family and myself please help me if possible.

A dealer sent me my address and said “you f***ed up”I need to know what kind of trouble I can get into for requesting help from authorities. I have proof of them distributing And Snapchat holds the database of our conversation where the threat is. I also need to know what I can do to protect... View More

Eric Todd Kirk
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answered on Apr 16, 2020

If you feel that a threat has been made against you, contact the authorities immediately. If you are working with the State in some fashion, you should advise them of the threat. You may also wish to seek a protective order.

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3 Answers | Asked in Banking, Criminal Law and Federal Crimes for Maryland on
Q: can I get charged for committing fraud I didn’t know was happening? Can I put this back on the bank? And my boss?

I got a new job, it’s been done through email so far, seems silly I know but I’m 18 and naive as heck apparently anyways, I get sent a check, I tell the bank lady what I thought it was for, the deposit it, my boss tells to go to Walmart and get money orders and send them else where. Later the... View More

Eric Todd Kirk
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answered on Apr 9, 2020

This is actually a pretty common and well-known scam. If you're charged you should immediately hire an experienced criminal defense attorney. Don't make any additional posts about the situation online.

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