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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: Getting car sales licensein md and have not yet been convicted of insurance fraud is it even worth trying

I have 3 kids and I’m just trying to better there lives I messed up an application 3 years ago but got a confession cause they said they were gonna try for felony and get my fiancé involved I have not plead guilty yet and also have a conviction from when I was 16 for terroristic threats I’m a... View More

Mark Oakley
Mark Oakley
answered on Aug 14, 2018

Are you asking this question because you do not have a lawyer? You need to have a private conversation with your lawyer about this. It is impossible to know what you’re facing or what you should do without knowing all the facts. Talk with your lawyer or hire one. An offense at 16 years old should... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I get a car sales license in Maryland with a fresh misdemeanor insurance fraud on my record
Mark Oakley
Mark Oakley
answered on Aug 14, 2018

There is a general morals and “good character” requirement for almost any license in MD, and usually no specific bar based on a particular conviction, and just because you have a past record is not an automatic bar to the license. However, theft and fraud convictions are among those that raise... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If a person is in jail and have a preliminary hearing coming up, can they be released until trial?
Eric Todd Kirk
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answered on Aug 8, 2018

Sure. The court would set the terms of the release. This would include anything from recognizance to bail or other terms that the court found proper under the circumstances.

1 Answer | Asked in Criminal Law for Maryland on
Q: First offense theft under 1000 feom employer
Mark Oakley
Mark Oakley
answered on Aug 2, 2018

Employee theft is not looked upon the same as theft by a customer or other non-employee. The reason is that, as an employee, you are in a unique position to know how to steal or embezzle from your employer and what to steal, and in many cases, hide the theft from detection (or delay the discovery... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: No criminal record first offense of theft under 1000 how much jail time
Mark Oakley
Mark Oakley
answered on Aug 1, 2018

Your particular facts --and any aggravating factors, such as theft from your employer, an elderly person, etc.-- may change this answer, but generally, first offense you should avoid jail, and keep your record clean (no conviction). In many cases, your lawyer can negotiate a deal with the... View More

1 Answer | Asked in Criminal Law and Securities Law for Maryland on
Q: I was recently adjudicated as guilty after pleading nolo contendre in a Topeka Kansas District court case involving

Selling securities without a license and using Skype from a Md office. The judge departed downward from 41 months in a severity level 4 crime to zero jail time , but three years of ISP in Md. also, joint and several restitution of $900,000 with 3 other defendants. The prosecution has file an... View More

Mark Oakley
Mark Oakley
answered on Jul 31, 2018

You need to have an experienced federal criminal defense attorney admitted to practice before the US Court of Appeals for the 10th Circuit. The attorney will do all the legal research. Most criminal defense counsel who practice in the federal courts will either handle appeals or will know others to... View More

1 Answer | Asked in Child Support, Criminal Law, Family Law and Civil Rights for Maryland on
Q: Hello. I need advice. My dad is in competent of court for non payment of child support.

I have suspicion he is driving under a suspended license which is suspended. He has a warrant out for his arrest and no effort has been successfully made to find him. I have an idea where he may be. What steps do I need to take to protect myself and if I do find him can I perform a citizens arrest... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Jul 31, 2018

Stay out of it. It is not your job to resolve this problem. Citizens' arrests aren't really a thing anyway. Let the court system handle this. Let your Mom handle it.

2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maryland on
Q: My boyfriend was pulled over and the passenger had marijuana and money. He got charged is it legal

The passenger told cops it was his but it wasn't found on him nor was it his vehicle. We it was he say she say.

Mark Oakley
Mark Oakley
answered on Jul 25, 2018

Yes. It’s called constructive possession: if it’s open in an area within reach, and everything in his car is in reach, it creates a rebuttable inference it was his. He has a defense, however, and cases like this can be won. Just because there’s probable cause to charge does not mean there’s... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can voluntary intoxication be used as a defense in court?

I was drunk to the point were I have no memory of the said events. I was drinking excessively throughout the day. I have witnesses to prove my lack of mental capacity. This is my first isolated major offenses of theft between 500 and 1500 dollars. Second degree assault were I unintentionally pushed... View More

Eric Todd Kirk
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answered on Jul 22, 2018

You need to consult with an attorney to discuss the if you've been charged with a crime involving specific intent, and the applcability of that offense to that crime.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Can you refuse a drug test if your probation officer tries to make you take one?
Mark Oakley
Mark Oakley
answered on Jul 13, 2018

If you refuse, expect your P.O. to file a violation of probation against you.

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1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Am I responsible to repay money my 17y/o child stole from his fathers coworker, even though it happened at his home?

My ex and my 17 son live with my ex's coworker. While there, he stole $2000. My ex and I have joint legal custody. Am I responsible to have half of that even though it qadnt under my roof.

Mark Oakley
Mark Oakley
answered on Jun 9, 2018

A juvenile court judge can order a parent of a minor child to pay restitution to a crime victim, upon conviction of the minor child in juvenile court. If your son has not been charged and found guilty, then you should not respond to any demands for payment from your ex or the co-worker. If... View More

1 Answer | Asked in Criminal Law and Real Estate Law for Maryland on
Q: My family member signed a statement claiming she was going to be living in a house that she would never live in

She signed the statement in front of a lawyer and a notary a day before she went to settlement on the house. Is this family member in trouble if she is turned into the authorities? Is this considered perjury?

Eric Todd Kirk
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answered on Jun 3, 2018

I would have to believe that there are penalties for signing a statement under oath indicating that you plan to use a home as your principal place of residence, and then never doing so, or having any intention of doing so. I would defer to experienced Real Estate counsel, who would likely be most... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: Is this law applicable to a neighbor attaching their satellite cable to my downspout without my consent or permission?
Thomas Neary
Thomas Neary
answered on May 30, 2018

"This law"???

It would seem if you are the owner of the property where the downspout is located, the neighbor would need your permission to enter into your property to attach a cable. If this is an apartment or connected dwelling, it may be more complicated.

1 Answer | Asked in Criminal Law and Personal Injury for Maryland on
Q: Marriott IT is hacking male students for blackmail money.Can someone give me some direction?

-more details can be found here. (Reddit:Marriott IT is hacking male students for blackmail money.)

The Marriott Int. IT employees monitor the internet usage of students and which adult websites they visit. When they have a lead, they hack into victims email looking for compromising info.... View More

Peter N. Munsing
Peter N. Munsing
answered on May 22, 2018

Contact an attorney who is a member of the Maryland Assn for Justice. They give free consults. It would make sense for someone to contact the Maryland Attorney General's Consumer Protection Office.They are pretty strong, proactive.

1 Answer | Asked in Criminal Law for Maryland on
Q: Hi is a natural resource citation a criminal or civil violation?

It is 08.07.06.19 posses intoxicating bev in a state park

Mark Oakley
Mark Oakley
answered on May 20, 2018

It can be either. It should state whether it is civil or criminal. If it has to do with hunting or fishing, these are generally civil infractions, but there are some offenses that are criminal. Without knowing the code section of the law and/or the specific charge, it is not possible to answer your... View More

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: What does a person normally receive in MD court for inhalent abuse
Mark Oakley
Mark Oakley
answered on May 15, 2018

There is no "normal," as sentencing takes into consider a wide array of factors, including past criminal history, age, employment, nature and aggravating circumstances of the case, victim impact, the defendant's actions to address any substance abuse or emotional/mental issues that... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: where can I get a copy of Article 27 Secdtion 640 and footnotes for Restitution

My son is in Federal prison and is almost out for his sentence but can't return to MD as a release because of a warrant for VOP for restitution over 20 years ago he didn't pay. He has been in prison 7 years and did not have access to money to pay this restitution and wants to be released... View More

Mark Oakley
Mark Oakley
answered on May 15, 2018

He needs a lawyer to file a motion to recall the VOP warrant and remove the detainer.

1 Answer | Asked in Criminal Law for Maryland on
Q: second deg assault. dangerous weapon with intent to injure. 19 year old w no record has bipolar was assaulted first

dangerous weapon was a box cutter

Mark Oakley
Mark Oakley
answered on May 15, 2018

Not really a question nor much to go on. The person needs a lawyer. These are serious charges. If you are asking if there is a viable self-defense argument, then your description is not detailed enough to answer that question, and it would be unwise to post such details on this public forum.

1 Answer | Asked in Criminal Law for Maryland on
Q: My boyfriend has a possession of Marijuana with the intent to distribute charge from over 10 years ago. Can it be expun

Can it be expunged? He is a college graduate with only six credits left to get his degree. He has been productive in society since he was charged. He took the charge after having a public defender who advised him to plea guilty to the crime because the friends who's car he was in were putting... View More

Mark Oakley
Mark Oakley
answered on May 4, 2018

If he received a “probation before judgment” (pbj) then he can get it expunged. If he has the conviction then he can’t. Have a lawyer look the case up to confirm.

1 Answer | Asked in Criminal Law for Maryland on
Q: If you have evidence that you weren't at a crime scene such as a GPS on your phone can you still get charged
Mark Oakley
Mark Oakley
answered on May 3, 2018

Of course you can be charged; however, you may have an alibi defense if you can obtain and properly authenticate the GPS tracking information to prove the date, time and location of where you were at the time of the alleged crime. Obtaining such evidence, and getting it admitted into evidence at... View More

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