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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Maryland on
Q: How many years will my friend most likely serve in prison?

My friend is a minor, 16 years old, and has been charged with armed robbery, robbery, criminal assault of the first and second degree, criminal conspiracy and theft under $1,000. We live in Maryland and his friends and myself are all very worried about his sentence. How long do you think it will... View More

Eric Todd Kirk
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answered on Apr 21, 2017

These are obviously serious charges. If your friend has been charged as an adult, he faces in excess of 25 years in prison. Because of the number of charges, possible sentences may be impossible to predict at this point. He, or his family should immediately seek a consultation with an experienced... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: How can I see discovery in a plea case?

I was charged in a drug conspiracy to distribute oxycodone where I subsequently agreed to a plea bargain of 20 years with 15 suspended and 18 months probation. Parole and probation have since expired and I'd like to know if it is possible for me to see the discovery that was part of the case?

Eric Todd Kirk
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answered on Apr 12, 2017

If you had an attorney, you could ask the see the file. You could file an Maryland Public Information Act request, and see what the government says in response.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can an inmate file a coram nobis in the state of Maryland?
Eric Todd Kirk
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answered on Apr 10, 2017

An inmate typically can file anything that a non incarcerated person could file. A Petition for Writ of Coram Nobis would be one of those documents.

1 Answer | Asked in Criminal Law for Maryland on
Q: How can I know for certain if I can legally carry a stun gun for defense (NOT Taser - doesn't shoot anything out)?

I want to know if I can carry one concealed or visible.

This would be for self defense only, I don't feel safe.

This is for a handheld electronic device, they can be held in the palm of the hand and they also have them on canes. There is nothing the shoots out of the device. It... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Apr 7, 2017

You still need a permit for most concealed weapons with exceptions for products like mace. A stun gun sounds a lot like taser, but I would have to see which exact gun it is to tell you what the law is for that.

1 Answer | Asked in Criminal Law for Maryland on
Q: If a criminal disposition hearing is scheduled does that mean you have been found guilty?
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Apr 7, 2017

It means it is being decided what will happen to you. Usually but not always a disposition hearing/sentencing hearing is AFTER a guilty finding. That means sentencing has yet to occur. The judge may request what's called a PSI (pre-sentence investigation) to determine some background... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Hello, my question is if a search warrant is obtained only for information about a certain crime, and something else

Is found that has nothing to do with what they're looking for can they still use​ that other information against a third party?

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Apr 7, 2017

Yes, generally. I have had cases in which a search was undertaken against another person for other reasons of a vehicle and information that led to charges against my client for totally unrelated matters. Unfortunately they can do this. There may be some constitutional defenses available... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Parole Hearing date

Is it legal to withhold the date of an inmates parole hearing.

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Apr 7, 2017

It is generally legal. Courts have to postpone for many valid reasons including court availability and availability of various officers or court officials for the hearing. IF the hearing were altogether cancelled that is a different story entirely.

1 Answer | Asked in Criminal Law for Maryland on
Q: My brother was arrested by NSA police with one ounce of cocaine, and 5k after getting pulled over for accidentally...

Entering NSA property from I95 on ramp. He was told by the police that they couldn't get in touch with a u.s. state's attorney, so in lieu of that was given citation for the cocaine and a receipt for the 5k. That's been about a month ago and nothing has happened. Have they chosen not... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Mar 23, 2017

I would assume federal charge. The issue is jurisdiction. If the case was on federal property or in federal territory at the time it will likely originate in federal court. The options in Maryland could be the Greenbelt courthouse or the Baltimore courthouse depending on where on I95 this... View More

1 Answer | Asked in Education Law, Criminal Law, Civil Rights and Juvenile Law for Maryland on
Q: Can my son go to jail for taking a knife to school in Prince Georges County Maryland?

He was suspended in November 2016 for 10 days from school. I just found out today he submitted a written statement to the school police, no parent or representative on his behalf was present. He's 13yo and good to public school. I received a call 3/22/17 from Mr. Riggs at the Juvenile Justice... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Mar 23, 2017

It's a whole other ballgame as to what kids can bring to school. If the knife is illegal in general, then potentially YES if he is charged as an adult. It sounds like they are going to charge him as a juvenile which is not a jail situation but could be reform school or similar. In our... View More

3 Answers | Asked in Criminal Law for Maryland on
Q: are detectives supposed to read you your rights before a interview?
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Mar 22, 2017

Any time you are arrested and about to be questioned you must be read Miranda rights. That's the law. Otherwise the statements made could be found to be inadmissable. However there are ways the police can talk to people voluntarily, pre-arrest without needing to Mirandize.

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1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: I have received a citation for using a phone while driving. (ta-21-1124(d2)). Will this show as a criminal offense?

I am 17 years old and this is my first offense. My citations mentions criminal law after stating Something about a "must appear" mark. My ciataion only say payable by fine. I was just wondering if it applies to me as well and will show on my criminal record or if it is only a traffic violation.

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Mar 18, 2017

It's a must appear but is simply a payable traffic citation rather than a jailable offense. You can fight this in court or pay it off. . I recommend to my clients generally to take any traffic citation to court no no matter how small because there is always the risk of points in certain... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Why a personal injury lawyer? Can't I file a motion for reconsideration?

It's up to the judge whether or not to hear my case. If he does then there's a chance that it can be changed to a pbj, then expunged right?

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Mar 18, 2017

The Maryland statute regarding reconsideration of sentence generally holds that you have 90 days to ask the court (must be in writing) from date of disposition of your case to ask the court to modify or reduce your sentence. If you file too late you may lose the right, but you could timely file... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a person who was given a pbj for a misdemeanor wear, carry and transport ever get a gun license in Maryland?

I am an owner of a pizzeria who was arrested transporting money to the bank, gun not stolen, but obviously was not licensed and transported the weapon in the cabin of my vehicle

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Mar 18, 2017

This should not preclude you. Here is the applicable statute which applies only to people who have "been convicted" either of a felony or a "disqualifying crime."

A person convicted of a “disqualifying crime” who possesses a “regulated firearm” is subject to a...
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1 Answer | Asked in Criminal Law for Maryland on
Q: My son was charged with two 2nd degree assault cases last year. He was given probation on both. He was never arrested

in either case and has no arrests on his record. He violated his probation by only completely 12 of 20 classes due to his work schedule. They are willing to accept him back in the classes. He turned himself in on Monday and has been sitting at BCDC since. He has not seen a commissioner or a judge... View More

Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Mar 18, 2017

If he has an attorney, he should consult the attorney on these issues. His attorney may be able to assist with these concerns. It would be inappropriate for me to comment on his specific case facts since he has counsel on this matter except to respond generally.

1 Answer | Asked in Criminal Law for Maryland on
Q: I was convicted of theift over 500.00$ in 2005 my question is was that a felony conviction
Thomas J. Maronick Jr
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Thomas J. Maronick Jr
answered on Mar 18, 2017

IF it was theft LESS than $1000 that is is misdemeanor offense carrying 18 months incarceration (maximum) or a $500 fine. The laws may have changed since 2005 insofar as wording and penalties but I am guessing this is what you are/were looking at.

1 Answer | Asked in Criminal Law and DUI / DWI for Maryland on
Q: Can I petition for expungement of record for a PBJ (DUI charge 5 years ago)?
Thomas J. Maronick Jr
PREMIUM
Thomas J. Maronick Jr
answered on Mar 18, 2017

Current Maryland law, sadly, does not allow for expungement of DUI PBJ's. I personally advocate for a change in the law since many other, more serious offenses for which one gets a PBJ can be expunged, but I am not a lawmaker so I wouldn't be the one deciding.

2 Answers | Asked in Criminal Law for Maryland on
Q: Can my ex-husband post an audio recording and court trial on Facebook and Youtube? I had no idea I was being recorded.

My ex-husband recorded phone conversations and our court trial and posted them on Facebook and Youtube. The court trial contains my address and other personal information for anyone to hear now. He was already ruled not to stalk me. Can I legally do anything about this? I had no knowledge of being... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 18, 2017

There are potentially several criminal violations here as well as violations of local court administrative orders regarding the use of recording equipment in courtrooms. You should consult the State's Attorney's office. There also might be way to seek injunctive relief through the civil... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: In 2011 I was convicted of cds not marijuana. Can I get that expunged or changed to pbj?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 15, 2017

Your cannot have a conviction for that crime expunged. If you or your attorney timely [within 90 days] filed a motion to modify back in 2011, you may still have a chance to have the sentence modified. You should immediately consult with a seasoned personal injury lawyer.

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1 Answer | Asked in Criminal Law for Maryland on
Q: I was involved in dv case I wrote a statement that evening.. I started the fight and another party called the police..

I gave a full description of my physical involvement and his.. i was never charged..The police officer when filing charges completely changed what my statement was that evening which lead to my fiances arrest and now are refusing to provide a copy of the statement I wrote that evening what do I do

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2017

A police officer is not obligated to adopt your version of events and Incorporate that in a statement of charges. A police officer is going to conduct an investigation, try to determine what happened, based on the evidence, and incorporate those findings into a statement that he or she believes... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: My son Public defender has not contacted him after we have called. He has court Tuesday still have not heard from him.

What should we do?

Thomas C. Valkenet
Thomas C. Valkenet
answered on Feb 18, 2017

Show up for court. You will talk with the PD before the court session. If things are not how you want them, you may obtain a continuance in order to retain a private lawyer.

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