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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: Can they charged me a storage fee?

A relative was using my camper/rv to stay in for a little while with his girlfriend. The camper/rv has been parked on a friends property for about 3 months now. My relative got arrested a few nights ago and I am trying to get my camper/rv off his property as soon as possible, but they are saying... View More

Mark Oakley
Mark Oakley
answered on Dec 31, 2019

You’re going to need to file a complaint for replevin, and I recommend you use a lawyer.

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Is it against the law for a step brother and step sister to get married?
Mark Oakley
Mark Oakley
answered on Dec 24, 2019

So long as they do not have a biological parent in common, and so long as the youngest one is at least 16 and not living in the same household as the older one who has turned 18 already, and the older one is not otherwise in a position of authority over the younger one, then legally the two could... View More

1 Answer | Asked in Criminal Law and Divorce for Maryland on
Q: What is the legal penalty in Maryland for non payment of a court ordered judgment of 35,000 that has not been paid?
Mark Oakley
Mark Oakley
answered on Dec 24, 2019

For ordinary civil judgments, like credit card debts, contracts, and the like, the judgment simply accrues 10% simple annual interest. Not paying it has no other penalty. For certain types of debt obligations, such as in Family law cases, including court ordered child or spousal support, in... View More

1 Answer | Asked in Criminal Law, Civil Rights, Constitutional Law and Gov & Administrative Law for Maryland on
Q: Living in section 8 and guest won’t leave the premise

I have a friend who lives in section 8 housing, she has a family member who stayed the night and now he will not leave, he’s been there for a week already because he refused to leave, She’s very afraid, he will not allow her back in her house and has also threaten her life, what can she do... View More

Mark Oakley
Mark Oakley
answered on Dec 21, 2019

She can go to the District Court Commissioner’s Office, fill out a petition for protection from domestic violence, and if granted the Commissioner will issue an order of protection forcing the family member out and to stay away. It will be served by the Sheriff or police and he will be forcibly... View More

1 Answer | Asked in Criminal Law, Federal Crimes and Traffic Tickets for Maryland on
Q: Can speed cameras be used to charge someone with reckless driving in Maryland?

The Maryland government website says there’s a flat fee of $40 for anyone caught by a speed camera driving 12mph or more over the limit. My sister (a VA driver, if that matters) believes she may have been going 25mph over. Completely on accident — was distracted and didn’t realize she’d... View More

Mark Oakley
Mark Oakley
answered on Dec 20, 2019

No. Speed cameras can only issue citations for speed, and in any event, speed alone (unlike in VA and DC and some other states) cannot be he sole basis for charging reckless driving in Maryland. FYI, payment of the fine does not result in points and cannot be considered by an insurance company in... View More

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: My fiance has a 2nd degree Assault warrant from a year ago when I called the police. We are still together. What to do?

We still live happily together with no problems after. What should we do to get rid of the warrant

Mark Oakley
Mark Oakley
answered on Dec 8, 2019

Hire a lawyer for your girlfriend because that’s the only way to deal with a warrant short of her simply walking into the police station and being arrested. Maybe the warrant can be recalled, maybe the prosecutor will drop the case if the lawyer can persuade them to, but regardless, she needs a... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Do you think an attorney can get these gun and amo charges dropped at the preliminary trail?

He ran from the police within 24 hrs after he was arrested they found a loaded handgun in the area he was running in and charged him with it. They say it is probable cause and that they slowed down the body cam footage and seen him extending his arm. He did throw weed they found under 10gm so they... View More

Mark Oakley
Mark Oakley
answered on Nov 29, 2019

Obviously the time lapse between when they saw him running and when they found a gun in the vicinity, and merely “extending his arm”, is very weak evidence he is the one who threw the gun, but all the evidence would have to be reviewed and evaluated before any conclusions can be drawn. He needs... View More

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: Is a final domestic protection order a conviction?

Trying to find out if I qualify to purchase a firearm.

I was subject to a protective order, 6 years ago, in a petty domestic violence case, where I was not convicted of the assault but was still placed on a final protective order. It was never disclosed to me exactly when the order expires/expired.

Mark Oakley
Mark Oakley
answered on Nov 10, 2019

It is not a conviction, because it is not a criminal matter. It is a civil case order. It is not part of a criminal history record.

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1 Answer | Asked in Criminal Law for Maryland on
Q: October 2, police confiscated phone and have yet to get warrant as of today 10/22. Is there a way to get phone returned?
Mark Oakley
Mark Oakley
answered on Oct 22, 2019

It depends. Were you arrested? Were you charged? What was the probable cause for seizing your cell phone? Have the police applied for a search warrant for your cell phone? If the police can articulate a basis to believe that the phone contains evidence of a crime, or evidence that will help... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I need to know why is there a warrant out for me but nothing is on my case search. I just when to court in September.

I call the courts stated attorneys office and they don't see or have nothing

Gary Kollin
Gary Kollin
answered on Oct 2, 2019

did you call motor vehicles who sent you the letter

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2 Answers | Asked in Criminal Law for Maryland on
Q: I have a open warrant but the court system don't show anything of such warrant

I received a letter from the Department of Motor vehicles stating that my License will be suspended because of this open warrant. I don't know anything about

Gary Kollin
Gary Kollin
answered on Oct 2, 2019

Did you call?

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2 Answers | Asked in Criminal Law for Maryland on
Q: So, in Maryland, if a 10 year old is raped by a person 3 1/2 years older than her, that's not considered a crime?
Mark Oakley
Mark Oakley
answered on Sep 25, 2019

Rape and sexual assault are always crimes regardless of age. Consensual sex involving a minor under 16 years of age is only rape or a sexual offense if the older participant is 4 years or more older than the minor. Consensual sex between minors within 4 years of age is not rape or a sexual offense.... View More

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1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: In Maryand, can I record meetings with a dozen of people (including myself) at Church?

The recording will be audio and video.

Do I need to get consents from all participants still? As we understand, the church meetings are not private conversations.

Please advise.

Mark Oakley
Mark Oakley
answered on Sep 23, 2019

Simply announce to all who are present at the outset that the meeting will be video- and audio-taped. If there is a written notice that goes out to everyone who is invited to attend, consider stating that fact in the notice. Anyone who attends and remains is deemed to have consented. Otherwise,... View More

1 Answer | Asked in Constitutional Law and Criminal Law for Maryland on
Q: are retired us marshals still considered civil servants

If so then is this then a felony

Gary Kollin
Gary Kollin
answered on Sep 22, 2019

What a felony?

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: What to do when I’m being threatened my life

My brother had threatened to kill me numerous times

Gary Kollin
Gary Kollin
answered on Sep 14, 2019

Report it to tge authorities

1 Answer | Asked in Criminal Law for Maryland on
Q: Knowingly giving false accident report information and Maryland

I drive a pick up truck to transport vehicles on for work. After an accident, insurance got too expensive, so I put the insurance in my wifes name. I got in another accident recently and when police arrived, they asked who was driving. I panicked that only my wife is licensed to drive so i said it... View More

Mark Oakley
Mark Oakley
answered on Sep 11, 2019

Hire a lawyer. Usually these citations can be negotiated with the prosecutor into a lesser offense or worked out before the judge so as to avoid jail and points, and even avoid a conviction.

2 Answers | Asked in Criminal Law for Maryland on
Q: Can my boyfriend be extradited back to Florida after being found innocent after his court date in Baltimore City?

Violation of Probation (first time)

Gary Kollin
Gary Kollin
answered on Sep 5, 2019

Extradited because of or for what?

People are not found innocent. They are found not guilty

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1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: How to deal with harassment and abuse?

I have a friend of mine who's ”Babyfather” has been harassing her and their baby. Sending people to fight her and stalking her by creating new accounts on Facebook. She fled to Alabama to get away from everything but they keep harassing her.

William Jaksa
William Jaksa
answered on Aug 21, 2019

First, document the harassment. I often provide clients was an agenda or calendar that has individual pages for each day. I have them document in that agenda exactly what happened on a specific date and keep a running log of it. Don't lie or exaggerate anything in that book, be as accurate as... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: What happens if I never knew I had a misdemeanor trespassing warrant from 2 years ago?? I was unaware.
Gary Kollin
Gary Kollin
answered on Aug 21, 2019

You will have to resolve it now. You may have a constitutional post indictment speedy trial delay

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a distribution charge in Maryland be expunged from criminal records
Mark Oakley
Mark Oakley
answered on Aug 15, 2019

Only if you were not convicted. A conviction for distributing CDS cannot be expunged. If you received a “probation before judgment” (PBJ) disposition, then you were not convicted and you would be eligible for expungement. Other dispositions, like nolle prosequi, or stet, would also be... View More

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