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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: Is Harrassment illegal on social media site when asked to stop
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2017

Criminal Law Article, section 3-805, Misuse of electronic communication or interactive computer service, provides is a crime to: " maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:

(i) with the intent to...
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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: In Maryland, How does a victim pursue their rights under § 11-201 MD Crim Pro Code? Any alternative solutions?

MD Crim Pro Code § 11-201 states that "A victim of an assault has the rights provided under § 3-207 of the Criminal Law Article.

§ 3-207 MD Crim Law Code, states that:

(a) Dismissal. -- On a pretrial motion of the State, a court may dismiss a charge of assault if: (1) the... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 23, 2017

You'll need to go to court and convince the Judge the dismissal is proper under all the circumstances.

1 Answer | Asked in Criminal Law and Family Law for Maryland on
Q: Me and my bf are dealing with cps and c3i for something we didn't do Idk what else to do

A cps worker is trying to make me go down and file out papers to have my bf to never come around my son's and me and he said that if I dont go do it that it would look bad on me and that he can put me in jail for neglecting my child can they do that or not

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 19, 2017

I would urge you to consult with an experienced attorney for guidance.

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Domestic Violence for Maryland on
Q: Is it illegal for a boy to threaten to hit a girl? Along with that try to hit a girl?? He was trying to hit me

If nobody was blocking him he would of hit me

Peter N. Munsing
Peter N. Munsing
answered on Jun 12, 2017

Attempted assault. Context matters.

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1 Answer | Asked in Criminal Law for Maryland on
Q: I have a 11 to parole warrant In md. I now live in Florida and want to resolve the warrant

I have been in Florida for the past 11 yo and ND will not extradite me from Florida. I have a parole warrant in md that is 11 years old. I have 2 small babies at home and I want to resolve the warrant but cannot go back to md. Can I write the courts or the governor and ask for foegivness/pardon of... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Jun 10, 2017

Hire a lawyer, such as our office to see if the warrant can be quashed. I'm not sure writing the governor will do much good other than a pardon application. Whether the warrant can be quashed depends on the unique facts of the case.

2 Answers | Asked in Criminal Law and Sexual Harassment for Maryland on
Q: If I have sex with a 16 or 17-year-old and she consented for the sexual engagement would I be charged with a crime?

I need some legal advice on something I read that the state of Maryland age of consent law states that a boy or girl has to be at the middle age of 16 years old to consent to sexual activity, I'm writing up a consent form that would be in the legal terms of this stature. However, I am not sure... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Jun 10, 2017

Here is the general Maryland rule:

first: consent can only be granted WHEN the statutes allow for consent. It is NOT a defense if you thought she was older.

IF you are 20, and she's 17, it is OK if she consents. If you are 21 and she's 17, it isn't generally OK....
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1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Maryland on
Q: I have been subpoenaed to court to testify against my children's father for 2nd degree assault but I do not want to

Am I able to call the clerk who subpoenaed me and tell her that I do not wish to testify because I do want the case dismissed and the charges dropped. We have 3 children and the state has a peace order where he is not able to contact me or come near me at the time I called the police I was very... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Jun 10, 2017

You would need to call the State's Attorney's office if they subpoenaed you. Your views on the case may assist what they wish to do with it. They will make those determinations but usually the positions of witnesses and victims provide input into what they choose to do.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a person thats living with someone. Be charged with unlawfull confinement if the other person controls movement

Like calling to see if they are still there confining her to the house and restricting her mobility

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Jun 10, 2017

It would really depend on the facts. Of course this can happen. Many stories in the news of a man who holds his domestic partner as some sort of a sex slave. But then again, parents ground their kids all the time, that restricts their movement and there is usually nothing criminal about that.... View More

1 Answer | Asked in Criminal Law and Appeals / Appellate Law for Maryland on
Q: My son was sentenced to 18 months for a first time technical VOP on Friday. Everyone that I have talked to has said the

sentence is completely unjust considering it was a technical violation and he has no record prior to his 2nd degree assault from over a year ago and no criminal history since the probation was ordered. My issue is I can't find any resources regarding appeals, reviews, etc. for a VOP sentence.... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on May 26, 2017

The problem is that a VOP is technically a civil proceeding. The sentence was already given out by the judge who then imposed it upon a preponderance of the evidence finding that the defendant violated probation. So the legal standard is different. Judges have wide latitude to impose the... View More

1 Answer | Asked in Sexual Harassment, Criminal Law and Family Law for Maryland on
Q: If my child was investigated as a victim of a child abuse case in school, should the school relay specifics to parents?

What if during the investigation which was the day it happened, parents were not notified of all the facts. Some of the abuse was told to parent over the phone but the worst part was left out. What are the parents rights?

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on May 26, 2017

They are supposed to contact the parents of the alleged abused individual. Parents are to be notified depending on what kind of school and what level of school this was.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Q: Is postconviction relief the same as appealing a case.
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on May 25, 2017

Post conviction relief is generally used if the appeal fails. It must be on a number of grounds such as new evidence surfacing like DNA or that your trial counsel failed to provide adequate assistance at trial. An appeal is what you are allowed to file if timely and depending on what court you are... View More

1 Answer | Asked in Criminal Law, Banking, Stockbroker Fraud and White Collar Crime for Maryland on
Q: I have been sentenced but now have new evidence in my case. I wish to file a motion for reconsideration.

My attorneys do not understand real estate and as such do not understand the value of the new info thus I wish to file pro se. Need to know how to address in the motion i am doing the motion pro se

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on May 25, 2017

How long since sentencing? If within 10 days of your trial date you can ask for a new trial. If within 30 days of disposition you can appeal, if within 90 days you can ask for a modification of sentence. Depending on what court you are in, likely will need to file a coram nobis for a new trial... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: What can i do to prepare for this misdemeanor theft charge even though i have never been arrested before?

2 years ago, i sold my friend's guitar. I paid for the guitar and i thought that was it. Last week, i found out that i had a warrant for my arrest in Maryland without my knowlege. As soon as i found out about it, i turned myself in and i was let go the same day. It turns out she filed the... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on May 25, 2017

You need a strong counsel in your corner. We tell our clients at Maronick Law that we want them to be prepared for the options and be ready for the outcome. Our goal is for the best outcome. That's where having seasoned counsel comes in like being able to guide our clients through which judges... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Is a work order for extinguish light considered a citation and do I have to sign for it
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on May 8, 2017

No, generally not unless there is also a concurrent citation issued. It is just that, a repair order. Get it fixed, show a police officer and have the officer sign your order and turn it in and this goes away.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can you overturn a conviction, and after time served, would that become a civil legal issue?
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on May 1, 2017

It's a post-conviction it sounds like, and that could be based on any number of factors, including a change in the law, or a ruling by Maryland's highest court that deals with constitutionality. It could also be related to mistakes made by trial counsel or the judge.

The civil...
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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: My friend is on parole which ends in a month but someone falsely accused him of second degree asssault will he serve ti
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on May 1, 2017

Not good, but then again he hasn't been convicted of anything. Step one: win the 2 assault case. If he's not guilty of that, then there won't be an issue with parole I wouldn't suspect. Has the case been charged criminally or was this a ticket situation in the jail?

1 Answer | Asked in Criminal Law and Intellectual Property for Maryland on
Q: Is intangible personal property included under Maryland's theft statute. What about intellectual property?

Disclaimer: I am not in any trouble. I was just hoping to get an expert's opinion on this matter. Thank you.

My understanding is that theft is Maryland's version of the common law crime of larceny. However, common law required the personal property being stolen to be corporeal,... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on May 1, 2017

Theft of intellectual property I have never heard of in criminal court. It sounds more like a civil case.

1 Answer | Asked in Criminal Law for Maryland on
Q: Is it legal for an adult to own a replica airsoft gun in Baltimore city?
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on May 1, 2017

Most likely yes - I would have to check city ordinances though. This is the prototype air gun right?

1 Answer | Asked in Criminal Law for Maryland on
Q: my son was charged with the following statutes:2(CR 5 619 c) 1( CR 5 620 a) 2 (CR 5601 a) this was in maryland

need to find a good drug/ criminal defense lawyer

Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on May 1, 2017

Yes, these are drug charges indeed. You are looking at at least possession and other related charges. The best way to attack drug cases depend on the unique facts.

My firm, and me in particular, have years of experience dealing with drug cases across Maryland. We would be happy to meet...
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2 Answers | Asked in Criminal Law for Maryland on
Q: My sister was sentenced to 25 months in connecticut and wants to know when is the earliest she is eligible for parole

Also would she be eligible for halfway house in the state she is from which is maryland.

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2017

You be best served by asking a lawyer in Connecticut that question.

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