Lawyers, Answer Questions  & Get Points Log In
Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: I have absconded from parole in NJ max date of 03-2024 not caught any other charges, can they keep me past my max date?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2023

When a person absconds from parole, it could lead to legal consequences. In Maryland, as in other states, absconding from parole may result in a parole violation. The specific consequences can vary depending on the terms of your parole, the policies of the parole board, and the laws in your state.... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: In MD is offense code CR.3.602.(b)(1) considered a "violent crime"?

I researched the most up to date Maryland State Commission on Criminal Sentencing Policy and it lists CR, §3-602(b) as being a violent offense but NOT CR, §3-602(b)(i).

Mark Oakley
Mark Oakley
answered on Aug 16, 2023

ALL violations of subsection (b) constitutes a violent crime. The separate sections within subsection (b) are not differentiated in this regard.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: In MD is offense code CR.3.602.(b)(1) considered a "violent crime"?

I researched the most up to date Maryland State Commission on Criminal Sentencing Policy and it lists CR, §3-602(b) as being a violent offense but NOT CR, §3-602(b)(i).

Mark Oakley
Mark Oakley
answered on Aug 16, 2023

More specifically, 14-101 of the Criminal Law Article defines violent crime under the cited section as follows:

(16) sexual abuse of a minor under § 3-602 of this article if:

(i) the victim is under the age of 13 years and the offender is an adult at the time of the offense; and...
View More

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: What does VOP outcome closed unsatisfactory mean in the MD case search? The defendant was also released from commitment

Is the defendant no longer in trouble? Why would he just be let off of the charge of VOP?

Scott Scherr
Scott Scherr
answered on Aug 14, 2023

It means that the probation has been terminated and is over. It was terminated unsatisfactorily which could affect the future ability to get the charge expunged and future probation conditions. The Defendant has been released from jail.

1 Answer | Asked in Criminal Law for Maryland on
Q: If there is no probable cause for a traffic stop, can the police keep the vehicle to get a search warrant?

I was at a red light in Baltimore City, but right at the city/county line and county police hit the vehicle I am in and arrest me and the other 3 passengers. The commissioner decides that there was no probable cause and I am released on recognizance. The police say that they are holding the car and... View More

Mark Oakley
Mark Oakley
answered on Jul 28, 2023

A lawyer will need to review all the details and facts, and file a motion to suppress; however, if the search of the vehicle was incident to a lawfully obtained and issued search warrant, then the evidence may not be suppressed, despite the initial stop lacking probable cause. That will be an... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If someone steals my phone off the ground in front of me in Maryland, is it legal for me to attack them to get it back?
T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 24, 2023

Engaging in physical violence to retrieve stolen property is generally not advisable and can potentially lead to legal consequences. In situations like this, it is recommended to prioritize personal safety and contact the appropriate authorities, such as the police, to report the theft and provide... View More

1 Answer | Asked in Criminal Law, Banking, Civil Litigation and Small Claims for Maryland on
Q: I deposited a check in my account for my friend and gave them the money it was fake can I sue them?

It’s been five years since this happened and they almost always promised to start paying me back and never did and we are no longer friends and I’m left with this debt. It’s $3283.

Mark Oakley
Mark Oakley
answered on Jul 12, 2023

The statute of limitations for commencing a civil suit is 3 years, so that has expired. You can file the lawsuit, but if the defendant raises the statute of limitations as a defense, you lose. It is an affirmative defense, so the defendant has to raise it or he waives it. Your facts also support... View More

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Libel & Slander for Maryland on
Q: Is there any way to compel the company to give me the name of the person who made a false statement against me?

I work for a ride-share company and recently had my account deactivated because a rider lied that I had drugs with the intent to sell. This is absolutely false. I need to know the name of the rider who defamed me, but the company will not share the contact information for the rider. Is there any... View More

Mark Oakley
Mark Oakley
answered on Jul 4, 2023

You will need to discuss the issue with an employment attorney, and explore whether you have a wrongful termination lawsuit or other type of claim you can file. In a civil legal action you can compel responses to interrogatories (written questions that must be answered under oath), demand... View More

1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: Peace order was falsely filed on me from ex who is upset that I outed her affair to her new fiancé. What can I do?

My ex fiancé of 5 years decided to walk out one day and get with someone new. After only 4 months, she contacted me and Has been having an affair with me for 8 months. I recently exposed her as she and I both knew I had been keeping tabs on her lies. Now that she’s caught up she claimed she... View More

Todd B. Kotler
Todd B. Kotler
answered on Jul 3, 2023

You need to go to court and fight the accusations. Full stop. Everything else is of secondary importance. You will need to hire an attorney and combat the accusations. Unfortunately, most states do not have a penalty for making false accusations regarding protection orders. But you cannot... View More

2 Answers | Asked in Criminal Law, Civil Litigation and Domestic Violence for Maryland on
Q: Do u know what is considered no unlawful contact w/ another person when ordered by the district court in Annapolis, MD

Unlawful contact was a condition to his release on recognizance after he was arrested for assault & destruction of property over $1000.

Mark Oakley
Mark Oakley
answered on Jul 1, 2023

"Unlawful" contact --as opposed to "no" contact" -- would mean any contact that violates the law. Any criminal offense, for instance. If the pretrial release on bond conditions include the common restriction to have "no contact with the victim" then any contact... View More

View More Answers

3 Answers | Asked in Traffic Tickets and Criminal Law for Maryland on
Q: My 20 year old daughter tried to get in a club in MD with a fake ID that had her real name & picture, with a different

Birthdate. We live in Pa. She’s a top student & has never been in trouble.Can she plead guilty & ask for the diversion program? What is the best avenue to try to get a misdemeanor off her record? Thank you.

Lee Eidelberg
Lee Eidelberg
answered on Jun 27, 2023

I wholeheartedly agree with my colleagues' previous responses. Having handled countless cases involving young adults using internet generated fake I.D.'s, it is not uncommon, provided a Defendant has no prior convictions or similar offenses in their history, to avoid formal prosecution.... View More

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: Can you be found quilty of littering just by a video of your car, but no witnesses, or any video of your license plate

or a clear picture of your face. Just someone saying that you drive a car like the one in the video.

Mark Oakley
Mark Oakley
answered on Jun 24, 2023

Proving guilty requires proof of criminal agency, meaning being able to prove that the person charged with the crime actually committed it. If all the have is a silver Honda civic with no license plate or other uniquely identifiable characteristics then they can’t even identify the owner of the... View More

2 Answers | Asked in Tax Law and Criminal Law for Maryland on
Q: Hi i own a store in Maryland and we didn’t know about tobacco products tax

we have got 2 tickets there code

TG.13.1014.b

BR 16.5-218

Mark Oakley
Mark Oakley
answered on Jun 11, 2023

The Tax-General code citation is a criminal misdemeanor that carries up to 90 days in jail and a $500 fine, and the Business Regulation code citation is a criminal misdemeanor that carries up to 30 days in jail and a $1,000 fine. Both are "must appear" charges, meaning you can't... View More

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: One question violation of probation do I usually get a warning for that or is there a possibility that I could go to

Jail only thing I did was sending a message I didn’t threaten anyone or anything like that I just wanted to say sorry for what I did wrong

Mark Oakley
Mark Oakley
answered on Jun 10, 2023

If the crime you’re on probation for carries jail as a penalty, then yes, jail is always an option. It will depend on the seriousness of the violation. If you were order to have no contact with the victim, then it doesn’t matter how good your intentions were as far as it being a violation, but... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Maryland on
Q: How do I remove an unrelated persons name from my indictment?

I’m in Silver spring, Maryland. I’m attempting to expunge a felony marijuana case from over 17 years ago. In the process of filing the paperwork, I discovered my date of birth on the internets case search was incorrect. I decided to purchase a copy of the indictment. In the indictment docket I... View More

Mark Oakley
Mark Oakley
answered on Jun 5, 2023

It depends on whether the mistakes were made by the clerk when updating the online Judiciary Case Search system, or whether these were errors made in-court by the judge at the time of sentencing or earlier in the charging documents by the police or prosecutors at the start of the cases. If the... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I have a misdemeanor possession of cds not Marijuana charge court date today in Frederick md

I was planning on having my mother drive me to Frederick md for the possession of cds not Marijuana charge and request a jury trial because I heard that circuit Court easier on cases like that being they are used to trying major felony cases that question 1 is that a good idea? Question 2 my mother... View More

Mark Oakley
Mark Oakley
answered on Jun 1, 2023

Take an Uber or call a friend and get to your court date. Only pray a jury trial on advice of experienced counsel who is familiar with your case, the judge you’re in front of and the prosecutor. You can always appeal an adverse result in District Court to Circuit Court and get a do-over so... View More

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: I got an email from google saying that my account is subpoena by police department and the states attorney.

I got a copy of the subpoena from google but I don’t have to appear in court my name or address is not in the subpoena they only request google to turn in the documents they want.I have no idea why this happened and I am confused.

Am I being investigated?I haven’t been contacted by any... View More

Mark Oakley
Mark Oakley
answered on May 24, 2023

Retain counsel now so you have an attorney lined up to call in the event you are contacted by police or charged. A experienced criminal defense lawyer can act much more quickly and effectively than you can to protect your rights and secure your release on bond in the event of arrest and detention... View More

View More Answers

1 Answer | Asked in Criminal Law for Maryland on
Q: charged with FIREARM-UNLAWFUL sale, firearm-reg sale, gun poss. On probation for assault, only 20. What will happen?

Multiple counts for all of those, all misdemeanors but he has assault on his record and is still on probation.

Mark Oakley
Mark Oakley
answered on May 16, 2023

He needs a lawyer. He’s facing not only these new charges, but a violation of probation on the assault case. Both can lead to jail. Firearm cases are treated seriously. But what can or will happen to him cannot be predicted with so little information. Hire an experienced criminal defense attorney... View More

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... View More

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland on
Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?
Mark Oakley
Mark Oakley
answered on May 7, 2023

Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered... 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.