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
1 Answer | Asked in Criminal Law for Maryland on
Q: If an alleged child sex abuse victim states nothing happened, can the alleged offender be charged?
Mark Oakley
Mark Oakley
answered on Apr 19, 2019

Evidence of a crime is evidence of a crime, regardless of the source, and regardless of any contradictory evidence. It is up to the judge or jury hearing the evidence to decide what weight to give to the evidence. So, if there is medical or other evidence that supports a finding of abuse, that... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My child's father is facing a first degree assault charge and for what if the charge state a weapon had to been used
Mark Oakley
Mark Oakley
answered on Apr 19, 2019

First Degree Assault carries a potential penalty of 25 years in jail. It is a very serious charge, and he needs a lawyer.

First Degree Assault can be charged in either of two factual circumstances: (1) intentionally cause or attempt to cause serious physical injury to another; or (2)...
View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In 2007- CJIS Code:3-2400Statute Code:27.342. . I only received probation (felony orr misdemeanor
Mark Oakley
Mark Oakley
answered on Mar 24, 2019

The criminal code has changed over the years in Maryland. What you are looking at is a citation to the old Maryland Code, Article 27, Section 342, the general theft statute then in effect in 2007. That section was replaced by the new Criminal Law Article in 2010. It depends on what subsection you... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I was charged with 3rd degree burglary, trespass private property & theft less than $300 in 97. Convicted only of tresss

This happened in 97. Filed for expungement. Denied because private property tresspass isn't in 10-110. What do I do now? Thanks.

Mark Oakley
Mark Oakley
answered on Mar 18, 2019

Nothing you can do but hope the legislature adds 6-403 of the Criminal Code to the list of expungeable offenses.

1 Answer | Asked in Criminal Law for Maryland on
Q: I looked online and it says petition-violation of probation..do that mean they coming to lock me up or get a court date?
Mark Oakley
Mark Oakley
answered on Mar 3, 2019

Probably means you’ll get a summons to appear. The PO has the option of requesting a warrant for your arrest, but that is not typical. You can call your PO to confirm. Or hire a lawyer to call as well as represent you.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: What the code for fraud in a marriage
Mark Oakley
Mark Oakley
answered on Mar 1, 2019

Maryland courts can grant an annulment to a party who was fraudulently induced to enter into a marriage as part of their general equity powers under Family Law Code Section 1-201(b)(3). There is no stand-alone statute that addressed "fraud in a marriage" and it is unclear what you are... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Will west virginia pick me up in maryland for a misdeamor warrant.
Mark Oakley
Mark Oakley
answered on Feb 7, 2019

West Virginia can transmit the warrant to Maryland and request that it be served by MD law enforcement, but they cannot come here on their own. Unless the warrant is for a serious crime, many times the warrant is simply entered into the national database and as soon as you are stopped anywhere for... View More

1 Answer | Asked in Criminal Law, Civil Litigation and Gov & Administrative Law for Maryland on
Q: What's the easiest way to find EVERYONE charged with a specific crime in the state?

I am not a lawyer, but I am doing research. I want to find everyone CHARGED with a specific crime in the past 3 years (that are public records). Doesn't have to be literally everyone because I know some are expunged, but whatever I can find with the public records.

Right now what I am... View More

Mark Oakley
Mark Oakley
answered on Feb 2, 2019

This data is gathered for the state. It’s used for all sorts of purposes. Budgets and resource allocation depend on it. Try calling the Administrative Office of the Courts in Annapolis for direction. The Maryland Sentencing Commission uses this info to update the Maryland Sentencing Guidelines.... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I'm accused of trespassing on my friends property. What do I do to prove that I had permission to be on said property?
Mark Oakley
Mark Oakley
answered on Feb 2, 2019

(1) you testify under oath that you had permission from a legal occupant to be there, and be believed; (2) a legal occupant of the property testify under oath that they gave you permission to be there; (3) establish through evidence (or point out the prosecutor did not prove) that the property was... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I was denied my handgun permit and I don't have any felonies. Why?

I was denied my hand gun permit and am filing an appeal. I have a misdemeanor charge for petty theft close to 20 years ago. I am a business owner and require my permit for business purposes. I completed all standards and requirements, but was denied due to quote " charged with a crime that... View More

Gary Kollin
Gary Kollin
answered on Jan 30, 2019

they have a website which discuss criteria.

You can call them and ask instead of asking us to guess

1 Answer | Asked in Criminal Law and Constitutional Law for Maryland on
Q: Can a company that is open to the public use the reason of a “barring notice” to obtain a persons ID?

The police of been called on a subject in a store for suspicious activity. Can the store require an ID to complete a banning notice. Does that subject have to show ID or can he just leave?

Mark Oakley
Mark Oakley
answered on Jan 12, 2019

Just leave. Only the police can request proof of identity, and then only after they have probable cause to arrest. In DC, there is a limited requirement to provide ID for certain pedestrian (street) offenses without arrest, but that would not apply here.

1 Answer | Asked in Criminal Law for Maryland on
Q: In the state of Maryland in 2013 was 1st-degree burglary a violent crime? And has it changed
Mark Oakley
Mark Oakley
answered on Jan 10, 2019

Yes, it's been defined that way since at least 1999.

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Is code TA-16-101(A1) A JAILABLE OFFENSE

I'm on parole would like to know will this violate my parole

Mark Oakley
Mark Oakley
answered on Dec 23, 2018

Yes, up to 60 days. Hire a lawyer and get the charge dropped or amended down to a non-jailable offense, which will avoid the VOP. Be aware, failure to notify your PO of the new charge will be a VOP all by itself.

1 Answer | Asked in Criminal Law and Sexual Harassment for Maryland on
Q: Re-opening a stet (I know I can file for early expungement, but I feel like this never works)

l

Mark Oakley
Mark Oakley
answered on Dec 20, 2018

Do not just file to set the case in for trial. Hire a lawyer to contact the SA to remove the case solely for the purpose of entering a nolle prosequi.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can we sue that person?

Ok so me my girlfriend and sister got pressed charges for second degree assault we three got arrested and we recently went to court and the person who pressed charges didn’t show up to none of the court dates. So we basically spend a lot of money on lawyers for no reason. That person also made... View More

Mark Oakley
Mark Oakley
answered on Dec 19, 2018

Yes, you can sue on the following theories: (1) malicious prosecution; (2) abuse of process; (3) defamation of character: and (possibly) (4) intentional infliction of emotional distress. To win, you will need to prove her allegations were both untrue, and that she knew they were untrue when she... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Is conspiracy to distribute CDS not Marijuana considered a violent crime to the parole board
Mark Oakley
Mark Oakley
answered on Dec 16, 2018

It’s not a violent crime, so it should not be.

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: why can i not drive my historic car on the weekend?

pulled over on the weekend and said i was not allow to drive the car with historic tags on the weekend when by law it state im allow to use the car for driving on the weekend coming back from advance auto parts

Mark Oakley
Mark Oakley
answered on Dec 11, 2018

If you received a citation then the code section alleged to be violated must be printed on it. I am not aware of any weekend prohibition. So long as your historic vehicle is not a truck over 10,000 lbs. or a camper over 25 years old, then A vehicle registered as historic cannot be used for general... View More

1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Small Claims for Maryland on
Q: If a person uses a company to illegally obtain earnings from someone can that constitute fraud and can they be legally?

Be prosecuted if it has caused harm to a business.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 7, 2018

The question is unclear. To analyze possible fraud claims you are highly encouraged to seek legal advice from an attorney specific to your situation.

1 Answer | Asked in Criminal Law and Libel & Slander for Maryland on
Q: I recently terminated an employee. That employee has filed false BBB claim and libelous posts to FB. Is this criminal

employee made false claims that I am a "drug popping addict" as I recently underwent major surgery and was taking prescribed medication. She filed BBB claim that I asked her and other employees to come to my house and get me dressed, which is insanity. Can I sue her and/or put her in... View More

J. D. A.
J. D. A.
answered on Nov 29, 2018

It appears at first blush that the only potentially criminal action here would be the "gunning for [you]" comment- but that is susceptible to various interpretations. The rest is potentially a civil claim for defamation, but those cases are difficult and highly fact-specific. Another... View More

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.