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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: Is it possible for a 4th degree burglary charge to get lower to a criminal trespass ?.

First time offender

Mark Oakley
Mark Oakley
answered on Nov 26, 2018

You will not know the answer to your questions until you sit down with a lawyer, the lawyer goes over all the facts and charges, and then the lawyer has an opportunity to discuss the case with the prosecutor. Too many facts and other considerations go into such negotiations, and predicting a... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Would a private investigator send you a text basically saying they are watching you
Mark Oakley
Mark Oakley
answered on Nov 15, 2018

I think they are just trying to make you paranoid. They appear to be succeeding.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can assume:OFFENSE CODECR.3.203: Can this include knowingly passing on HIV?
Mark Oakley
Mark Oakley
answered on Nov 9, 2018

No, it would not be charged as assault under that section, but under the Health-General Code, Section 18-601.1. Knowingly engaging in conduct that can transfer HIV to another without consent is a misdemeanor carrying 3 years in jail and a $2,500 fine.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: I got into a fight with my sibling. Over reacted and called the cops. Can I refuse to testify at his trial?
Mark Oakley
Mark Oakley
answered on Oct 31, 2018

You cannot refuse to testify, but you can make your wishes known to the prosecutor that you do not wish to proceed.

1 Answer | Asked in Criminal Law for Maryland on
Q: Has anyone in the Maryland area ever defended a case where a police officer equipped with a body cam bumped into a

Civilian and placed the civilian under arrest for second degree assault and once grabbed the civilian civilian put the cigarette out and was hit with a littering charge and then some narcotics were found what is the best strategy of attacking the officers probable cause which he maliciously staged... View More

Mark Oakley
Mark Oakley
answered on Oct 20, 2018

Most experienced lawyers have argued probable cause at suppression hearings, and officers not being honest about the reasons for their probable cause is nothing unique. However, the body cam video will have to be reviewed in detail, and what that shows may or may not support your version of events.... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: caseworker for CPS sexually assaulted a child never investigated child is now an adult can she sue CPS n caseworker

Accountability and due process is my reason for bringing forward a painful and traumatic experience. Can she still be held liable

J. D. A.
J. D. A.
answered on Oct 16, 2018

This depends on when the assault occurred, and the statute of limitations that is applicable. For more recent incidents of abuse (after October 1, 2010), the statute of limitations is extended to age 38. The older the assault is, the more restrictive the statute of limitations is. You should... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: My son was sentence to 20yrs all but 7 suspended he was 17 when arrested and 18 when sentence. What does this mean

Can he get out on parole or probation?

Mark Oakley
Mark Oakley
answered on Oct 13, 2018

It means he was charged as an adult, and will serve a 7 year jail sentence. In Maryland, he will earn good time credits of 5 days per month off his sentence. Work and participating in counseling programs can earn him more credits. If he was sentenced for a violent crime, he will have to serve 50%... View More

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: What happens if a child accidentally ingested marijuana infused cookie, child taken to ER. ER Dr. Refers to CPS.

Upon discharge they diagnosed visit as overdose. Do I need a lawyer, what do I expect.

Gary Kollin
Gary Kollin
answered on Oct 5, 2018

You definitely need a lawyer. Before you speak to anyone you to consult with the lawyer

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Domestic Violence for Maryland on
Q: Can I appeal at protective order

My lawyer was not prepared for my hearing and convinced me to concede but I don't think I should have

Mark Oakley
Mark Oakley
answered on Oct 4, 2018

You will need a lawyer to research whether you can in this situation. Ordinarily a district court protective order may be appealed to the circuit court and is heard “de novo”, meaning you get a complete do-over. However, there is a general legal doctrine that holds that a litigant may not... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: my felony theft is now classified as a misdemeanor, can I get it changed to a misdemeanor?

when I was charged back in 2001 in MD my charge was a felony theft over $500, now that same charged was reclassified as a misdemeanor. Am I able to get it reduced to a misdemeanor?

Mark Oakley
Mark Oakley
answered on Oct 4, 2018

No, the change in the felony threshold for theft does not retroactively convert prior convictions to misdemeanor convictions.

1 Answer | Asked in Criminal Law and Juvenile Law for Maryland on
Q: So my daughter's Stepmom wants to get charges on her. My daughter called her sister and left a message saying she was

going to beat her up. This happened on Sept 18th 2018. Can she even do this because they are sister's my daughter is 12 and her daughter is 9. Its now October 1st. I have no idea why she is doing this now. I blocked all contact between us and them.

Gary Kollin
Gary Kollin
answered on Oct 1, 2018

Sounds like your daughter did not call you. That is strange.

You know all your information through hearsay.

Why are you waiting around if youo are ACTUALLY concerned that your daughter is facing or suffering from physical harm.

It is now 14 days later.

You have the...
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1 Answer | Asked in Criminal Law, Divorce and Personal Injury for Maryland on
Q: Legal options for woman raped and assaulted by former husband

Hi

A woman I know divorced 4 years ago. However even to this day verbal abuse continues that is very bad. In the 12 years they were married, she was physically abused and raped by her former husband. He is in the military and she went to them for help and they would not help her. Our... View More

J. D. A.
J. D. A.
answered on Sep 28, 2018

The statute of limitations for sexual or other battery (assuming she was 18 or older at the time) is 3 years. There is no criminal statute of limitations for sexual assault. It may be relatively difficult to get a prosecutor to take the case given the passage of time- but depending on the facts,... View More

1 Answer | Asked in Criminal Law and Juvenile Law for Maryland on
Q: I’m a minor from MD I had weed over 10g I think, I got juvenile misdemeanor citation, if it’s over 10G I will be charge

Will I need a lawyer?

Mark Oakley
Mark Oakley
answered on Sep 20, 2018

Check to see whether the citation says if it's "civil" or not. If civil, it will be under 10 grams. If not, then you will receive notification from the Dept. of Juvenile Services to appear for an intake meeting with your parents, and at that time you would likely be offered the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: So I’m confused on how much time my boyfriend is suppose to be serving.

He pleaded guilty and was originally suppose to serve 15 years but it says all 15 but 4 years suspended and the judge gave him 288 days credited and it says upon release he’ll have a supervised probation for a period of 5 years. Is he serving 4 more years or just 1 ?

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2018

Based on your fact pattern he's serving 11 years, or 4 years, both with credit for time served. Definitely not one year. Your question is confusing as to what portion of the 15 year sentence is suspended 4 years or 11 years.

1 Answer | Asked in Civil Litigation, Contracts, Landlord - Tenant and Criminal Law for Maryland on
Q: qualify for a tenant pro bon can u refer senior disaility tenant to a few of them o law firm located Baltimore md
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Aug 29, 2018

The Pro Bono Resource Center and American Bar Association have teemed up to offer a free legal answer resource at the following website:

https://maryland.freelegalanswers.org/

They may ask a few questions to see if you qualify - if you do, you can ask a volunteer attorney your...
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1 Answer | Asked in Criminal Law for Maryland on
Q: How can I keep my record clean? I am a student and I need to keep my record clean.

Me and my husband babymom got into a fight she started she pushed me we started fighting then she filed a police report against me they arrested me as of yesterday. I have a clean record until yesterday. How can I keep my record clean? How can she get away with something she started. How can I... View More

Mark Oakley
Mark Oakley
answered on Aug 21, 2018

These cases can be difficult because federal funding is tied to tougher domestic violence prosecutions with fewer dropped charges, however, every case can be defended and many times the evidence fall apart. The good news is it sounds like there are no serious injuries and you have no record.... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland can you run an red light in a funeral procession?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 18, 2018

There are very specific circumstances under which members of a procession may get special treatment. If you've been charged with a crime, or for casing an accident, you should conult closely with a lawyer.

1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How many years do habitual offenders get?

My husband has prior assaults on his record

Mark Oakley
Mark Oakley
answered on Aug 17, 2018

Nobody can answer that question without a whole lot more facts and details. He needs a lawyer who can review all the circumstances of the specific offense he's charged with, his background, and his current situation. A prior record for the same kind of charges will result in harsher... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can someone be charged in MD for willfully giving a substance abuser with a revoked licensed their car to sell drugs?

It appears engages in aiding and abetting the individual with selling drugs for monetary gains and helps him to hide from the police. Can they be charged?

Mark Oakley
Mark Oakley
answered on Aug 15, 2018

Anyone can be charged. The burden is on the state to prove the charges. Hard to prove aiding and abetting on your facts unless there was some benefit to the car owner and clear evidence of knowledge on the part of the owner as to what the person was doing with the car. If charged, consult a lawyer... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I was 19 when my college professor, well into his 40’s at the time, who was also living with me, sexually assaulted me.

He was also my academic mentor and advisor and my landlord. He sexually assaulted me in his home one evening. There were also reports of him doing the same to another student. The school investigated the other students claim and it was dismissed. Would I have a case, now, 14 years later against... View More

Mark Oakley
Mark Oakley
answered on Aug 15, 2018

Unfortunately, for any civil claim seeking monetary damages, the statute of limitations would have run on any claim of yours at latest when you turned 25 years old. Based on your facts, that time passed a long time ago, and would have been before the Maryland legislature extended the time to sue to... View More

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