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Maryland Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Maryland on
Q: Can a defendant in a criminal case who is represented by private counsel, help present his defense by cross-examining

certain witnesses and or state the opening or closing arguments himself ? Is there a law or a practice and procedure rule that prevents this type of hybrid representation ?

Eric Todd Kirk
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answered on May 3, 2018

No. You can't. You are in proper person, or you are represented, not both. You certainly can get your questions asked, through your chosen attorney. You can get your arguments raised, through your chosen attorney. Or, you can choose to represent yourself. Good luck.

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2 Answers | Asked in Criminal Law for Maryland on
Q: How can i find out what my son has a fugitive warrant for in Virginia

he is being held in ann Arundel county

Eric Todd Kirk
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answered on May 2, 2018

You'd likely need to find the appropriate issuing jurisdiction in VA, and contact the judiciary/ court system there to uncover out what can be found out about the nature of the underlying charges.

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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: I was subpoenaed today to testify in front of grand jury in Baltimore as a witness this Tuesday.

Although Ive been assured verbally that I am safe from prosecution, I am worried that may not be true. Can I request immunity? Should I plead the 5th? What will protect me and my family from the person Im wanted to testify against?

Mark Oakley
Mark Oakley
answered on Apr 26, 2018

Meet with an experienced defense counsel beforehand and go over what you might be asked and what you know. Anything you tell the lawyer is privileged. Invoking your Fifth Amendment right must be done properly, and the lawyer will guide you. If this is before a federal grand jury make sure the... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: What will charges outcome be for first time charge of human trafficking in Maryland
Eric Todd Kirk
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answered on Apr 26, 2018

10 years or a fine not exceeding $5,000 or both is the maximum penalty, more if a minor was involved. These charges are treated seriously in Maryland. You should consult with experienced criminal defense counsel.

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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: File a motion to retry case .. A juror husband was there everyday talking with detective he said “i wish u were a juror”

Trial lasted a week .. detective was shaking the hand of the juror’s husband and patted him on his back

I believe once the juror’s husband said his wife was on the jury, no further contact should have been made

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Apr 17, 2018

The question is whether the husband’s action connoted an impropriety with the juror and the case. I can’t tell from these facts but it is worth looking at. Contact the defense counsel with this ASAP for a potential appeal issue.

2 Answers | Asked in Criminal Law for Maryland on
Q: I PAID MY ATTORNEY HIS FEE. I AM NOT HAPPY WITH HIM, CAN I GET IT BACK?
Eric Todd Kirk
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answered on Apr 17, 2018

You should contact your lawyer and discuss the matter to see if you can reach an amicable solution to your disappointment.

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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: ASSAULT SEC DEG-LE OFF/P&P AG ASSAULT-SEC DEGREE ASSAULT-SEC DEGREE DISORDERLY CONDUCT These are my four charges I have.

I need legal advice on the maximum and minimum punishment I can get Some details are I was blackout drunk when it happen and have no criminal record and the assault charges are on officers I pushed them and the charges are in Maryland, i need help... thanks

Mark Oakley
Mark Oakley
answered on Apr 10, 2018

These are misdemeanors, but you do not want any kind of a record, and usually something can be worked out to keep your record clean. Obviously it depends on the seriousness of any assault (injuries, etc.), but many times with no real injury the officers can be convinced to let the assaults go and... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I'm being charged with assault n breaking a cell phone n my husband is a witness n And doesn't want testified

What does he do n not get in trouble

Mark Oakley
Mark Oakley
answered on Apr 9, 2018

Under Maryland law, a person cannot be compelled to testify against their spouse. Your husband has a spousal privilege not to testify against you. He must appear at the trial if subpoenaed, but he then may assert his privilege not to testify against you.

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Commissioner said no contact at my release, but there's nothing in my paperwork. So, is there a order?
Eric Todd Kirk
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answered on Apr 8, 2018

Yes. You should have no contact. If you want clarification, you should file a motion, and ask the court to clarify the ruling.

1 Answer | Asked in Criminal Law for Maryland on
Q: The warrant was issued I was never served or arrested and days later the warrant was recalled. Can I still be arrested?
Eric Todd Kirk
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answered on Apr 7, 2018

Not on a warrant that has been recalled. You should probably keep proof the warrant has been recalled on your person for a few months.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: I was found guilty of CDS poss in 2016 but sentenced after penilty changes

I was found guilty in 2016 of CDs possession and the maximum penalty then was for years however I was sentenced last week and the sentencing guidelines were changed to 6 months in October of 2017 so my question is is there any case law or statute that says weather sentencing goes by date of guilt... View More

Mark Oakley
Mark Oakley
answered on Apr 2, 2018

You are subject to the maximum sentence provided by the law as it was in effect on the date of the offense. The sentencing guidelines are not binding, and a judge is free to consider any mitigating or aggravating circumstances in arriving at the sentence.

1 Answer | Asked in Car Accidents, Personal Injury, Criminal Law and DUI / DWI for Maryland on
Q: I stole a car that was running and got in a accident this lady got hurt but dont think to bad causes they let me go plus

And I had a dui the night before and they released me

Mark Oakley
Mark Oakley
answered on Apr 1, 2018

Yeah, you need a lawyer. Better to stop posting any more details on this public forum. Felony theft of an automobile, aggravated by an accident with injury, and with a pending DUI from the night before, that’s got jail written all over it. You need to start preparing now for how to deal with... View More

1 Answer | Asked in Criminal Law and Estate Planning for Maryland on
Q: My brother was made executor to my mothers will. He has no time to take on the responsibities and has given the

Responsibilities to his wife. I was living and taking care of my mother for the past 4 yrs prior to her passing. She has had the locks changed, so that I am unable to get my belongings. What are my rights?

Mark Oakley
Mark Oakley
answered on Mar 11, 2018

You can petition the court to get access to your belongings as well as to remove your brother as Personal Representative if you can prove he has failed to carry out his duties.

1 Answer | Asked in Criminal Law for Maryland on
Q: Evidence against my husband was destroyed by the crime lab. What does this mean. Can he come home

I have a lawyer but not able to talk to him today.

Mark Oakley
Mark Oakley
answered on Mar 11, 2018

Your husband needs a lawyer. Not enough information in your post to evaluate the evidence against him, and posting those details on a public forum accessible by law enforcement is not advisable. I don’t know what evidence could have been lost or destroyed in a crime lab related to a gun charge,... View More

2 Answers | Asked in Car Accidents and Criminal Law for Maryland on
Q: I was accused of throwing a cup into someones car but i didnt . now im facing charges . how can i prove my innocents
Mark Oakley
Mark Oakley
answered on Mar 10, 2018

Many ways, or few, it depends on the facts, like your and the other vehicle’s location at the time of the incident, witnesses, fingerprint evidence, etc.

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1 Answer | Asked in Criminal Law and DUI / DWI for Maryland on
Q: MVA charging me w/ accumulation of points 5 years after Circuit Court DWI conviction

Convicted of DWI on 02/02/2012 (MVA notified on 12/08/2017 and given 12 points). Did have 1 point added in 2013 for speeding. When the 12 points were added in 2017 from the 2011 offense and 2012 conviction, notice of revocation of license issued by MVA. Going to administrative hearing but is there... View More

Mark Oakley
Mark Oakley
answered on Mar 9, 2018

What is the reason for the delay in the notification of the DUI conviction? Ordinarily, upon conviction, the MVA is notified and the points go on fairly quickly, within days or weeks. I have had clients who were charged in one year, but failed to appear on the charges and they remained... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: If charged with second degree assault would it be good to take anger management classes before going to court?
Mark Oakley
Mark Oakley
answered on Mar 9, 2018

I certainly would not hurt, but it is not necessarily the best option as many jurisdictions have specific programs they will require the defendant to enroll in as part of any deal or term of probation, so you may end up spending time and money twice and without real benefit. This is particularly... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: I'm scared got an orange card from post office about letter from dea and don't know why, what could it be about?
Mark Oakley
Mark Oakley
answered on Mar 5, 2018

Probably a notice of seizure of some package mailed to your address containing drugs, supplements, pills, CDS, etc., and inquiring why you ordered it and for what purpose. I suggest if you have any basis for concern about something you are aware of having been mailed to you, that you should talk to... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: As a victim do I have to attend shield hearing?

I got a peace order against an ex but never went through with it so now he is trying to shield the case.

Mark Oakley
Mark Oakley
answered on Mar 1, 2018

It's up to you. If you appear and contest the shielding, the judge can decline to do so. If you do not appear, it will likely be granted. You will not get into trouble if you do not go.

2 Answers | Asked in Criminal Law for Maryland on
Q: Are there any Maryland Supreme Court Cases where Probable Cause was denied?
Mark Oakley
Mark Oakley
answered on Mar 1, 2018

Maryland's highest appellate court is known as the Court of Appeals, and the intermediate level appellate court is known as the Court of Special Appeals. There are countless appellate opinions setting forth precedent and applying precedent in this area, both under Maryland's declaration... View More

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