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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Maryland on
Q: Can you go to jail for self defense injuries?

Well It starts out in school, I got suspended by the principal for defending my self from this boy trying beat me up, I swung so he could not aim at me.And If lets say this person tries to kill me and by self defense I accidentally kill him would I still go to jail.

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

Be very difficult to see how you wouldn't unless there were witnesses.Sounds like you have issues you need to discuss with a counselor experienced in violence resolution so neither of you gets any more injured.

2 Answers | Asked in Banking, Criminal Law, Identity Theft and Gaming for Maryland on
Q: If i get a fake (non-working) credit card online , and when i go to buy something, it works...what will happen? imnot18
Bennett James Wills
Bennett James Wills
answered on Feb 4, 2017

If you are intentionally using a credit card that you know does not work or is not actually your account and you use it to try and purchase something - then you are potentially committing theft. You risk being charged with a crime.

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1 Answer | Asked in Criminal Law for Maryland on
Q: Can I get a peace order against my husband's mistress for tormenting and harassing me with text messages ?
Bennett James Wills
Bennett James Wills
answered on Jan 28, 2017

Depends on the text messages. Consult local counsel.

1 Answer | Asked in Criminal Law and Identity Theft for Maryland on
Q: What is and when does the statue of limitations begin for online theft?

My debit card used to make fraud purchases online (in different State) by unknown person, but the companies returned the money to me. Do the statue starts when the police have gotten a possible suspect? And what State's statue of limitations will the suspect be charged with?

Bennett James Wills
Bennett James Wills
answered on Jan 28, 2017

Statute of limitations start when the "issue" (i.e. theft, breach of contract, etc.) occurred.

1 Answer | Asked in Appeals / Appellate Law, Constitutional Law and Criminal Law for Maryland on
Q: I have a few questions, basically resolving on one certain incident. But basically is 40 years to long to re open a case

My uncle was stabbed and killed in the back 40 years ago. The man got off on self defense. Is there anyway to appeal or retry the case in court. I understand double jeporday, but I don't believe the full story was told with the recent discoveries I've made.

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 28, 2017

Double jeopardy prevents re-prosecuting a criminal case against someone, even if the full story was not told at the original trial. There are other legal doctrines that generally prevent the litigation of very old cases (although statute of limitations may not apply to certain acts like murder).

1 Answer | Asked in Internet Law and Criminal Law for Maryland on
Q: Can a 19 year old flirt with a 12 year old over the internet?
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 28, 2017

Very bad idea for a number of reasons. Any contact of a sexual nature with a minor, particularly one under 16, certainly could lead to criminal charges. Even if the "flirtation" doesn't rise to the level of criminal behavior, an adult flirting with a minor more than 4 years younger... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: How can receive docket numbers for a old case
Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Jan 28, 2017

It isn't clear how "old" of a case the post refers to, but generally speaking one can find the docket numbers for closed cases by searching the Maryland Judiciary Case Search by name. One can narrow this down by selecting the specific county and type of case (civil or criminal).

1 Answer | Asked in Criminal Law for Maryland on
Q: What does the following mean? "REOPENED TO ISSUE B/W PER 9P8 8-5" Specifically, what is the per 9P8 8-5 part?

It was attached as a comment on a warrant from Maryland Case Search.I understand the reopened to issue bench warrant - but why?

Bennett James Wills
Bennett James Wills
answered on Jan 24, 2017

I read that to mean that the judge assigned identification number 9P8 reopened an issue regarding a bench warrant likely on August 8 or it was heard on August 8. One would need to review the actual case number in context to give you a better explanation.

1 Answer | Asked in Criminal Law for Maryland on
Q: Me and my boyfriend got into a fight we both have second degree assault charges we both don't want to testify.

Can the charges be dropped?

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

There is a process by which you and your boyfriend could each invoke your 5th Amendment privilege and agree not to testify against the other. In the absence of other witnesses to the event this state could decide they have no evidence to prosecute either of you and drop the charges

1 Answer | Asked in Criminal Law for Maryland on
Q: 4 counts of CR.5.601 A 1 and 1 count of CR.5.601 C 1 the first part was test out of the second part, what are the conseq
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 19, 2016

A violation of 5.601 carries 4 years and/or a 25,000 fine. There is an exception for marijuana, and for less than 10 grams of marijuana. It is not clear from the context of your question regarding the testing. Do you have the CDS analysis? You need to consult with an experienced criminal defense... View More

1 Answer | Asked in Civil Rights, Constitutional Law and Criminal Law for Maryland on
Q: My neighbor has several cameras pointed at my house with one pointed at my bathroom window. Do I have legal action?

I've asked him to move them and he says he can legally do what he wants.

Bennett James Wills
Bennett James Wills
answered on Dec 3, 2016

Probably not. If the cameras are located on his property he can point them at any point he wishes for security.

1 Answer | Asked in Personal Injury, Criminal Law and Civil Rights for Maryland on
Q: how can I go about and file a claim against the Charles county sheriff for excessive force
Peter N. Munsing
Peter N. Munsing
answered on Dec 1, 2016

You'd be best off consulting a member of the Md Assn for Justice who handles police misconduct cases--they give free consults. Do you have an expert ready on the force issue? How about on medical impairments resulting from that? It's not d.i.y. time.

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Domestic Violence for Maryland on
Q: husband called 911 on me and got arrested himself for 2nd degree DV. Will it help if I say I hit it and it was my fault?

I want to drop the charges which the state has pressed on him and remove the protective order. His bail bond modification has been rejected so I'm scared and don't want to ruin my marriage with him. I also want to know the consequences against me if I state that in my testimony. Initially... View More

Bennett James Wills
Bennett James Wills
answered on Nov 27, 2016

You could discuss your concern with the prosecuting attorney. Since you are married, you may invoke your privilege not to testify against your husband and the charges may be dropped. You can only invoke this privilege once. But you would also be wise to consult with an attorney, the prosecutor, or... View More

1 Answer | Asked in Education Law and Criminal Law for Maryland on
Q: Is there anything I can do about a parent I feel threatened by as a teacher?

The parent has a "no trespass order" from an incident last year where she was verbally abusive to staff members and could not control her behavior.

She violated the order this year and came onto school property. Police were called and told her she had to leave, in which she again... View More

Bennett James Wills
Bennett James Wills
answered on Nov 14, 2016

You should start by consulting your superiors. It doesn't seem like from this post you have grounds for a protective order. Or consult an attorney. More information is needed.

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Maryland on
Q: I need a lawyer for my husband for an appeal? I don't have any money can someone help?

My husband was giving 27 months to 54 months consecutive 3 years probation. He would like to fight this.

Bennett James Wills
Bennett James Wills
answered on Nov 11, 2016

If your husband was convicted and can't afford private counsel on appeal then the public defender's office may be able to help. Call them.

1 Answer | Asked in Criminal Law for Maryland on
Q: Say a bipolar/ADHD sufferer lacked needed meds and goes cold turkey. With help, she kidnaps an adult male for 1 week.

She has no priors but is going through the worst mania she has ever experienced by far along with many other strong stressors in her life piling up. This adult male triggers her obsession and her anger. She keeps him chained in the basement but keeps him fed and healthy. The reason she kidnapped... View More

Bennett James Wills
Bennett James Wills
answered on Nov 7, 2016

This forum is not designed to assist with novel writing. But if someone were to commit said offense and not be of sound mental faculties, then they may have a defense of not criminally responsible. Said person should consult an attorney for assistance. If said person is having thoughts of suicide... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: i need to find the legal definition of conspiracy to commit burglary in the first degree in the Maryland criminal code
Bennett James Wills
Bennett James Wills
answered on Nov 6, 2016

Maryland Code Ann., Criminal Law Sections 1-202, 1-203, 6-202

1 Answer | Asked in Criminal Law for Maryland on
Q: Would an officer call you and tell you you were charged with an offense but not file a police report in Md?
Bennett James Wills
Bennett James Wills
answered on Nov 6, 2016

It is not likely a police officer will call you. They usually just show up to find you if you have been charged with a crime and there's a warrant for your arrest. Consult local defense counsel.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can I press charges against an individual that asked another to assault me? Is that person an accessory or accomplice to

I was assaulted on October 28, 16. I believe it is 2nd degree assault as he approached me and attempted to pull my daughter out of my arms to eventually cause me physical harm. He is the brother of my child's father. My child's father and I exchanged words 2 days before (25th) so he... View More

Bennett James Wills
Bennett James Wills
answered on Nov 4, 2016

You should consult with a local attorney to evaluate your case. If you believe that a crime has been committed you could also contact local police and file a report.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Maryland on
Q: My 14 yr daughter & I have been subpoenaed to testify in court for my bf's violating protective order. Do we have to go?

He has anger issues & I had been suicidal etc & ive had to call the cops. In a nutshell he needs anger management & has been getting it now. My 14 year old daughter was home one time & saw him bump me with his shoulder one time, where is did it on purpose, shocked me but I... View More

Elizabeth Pugliese
Elizabeth Pugliese
answered on Nov 4, 2016

You have been subpoenaed, you must appear. If you do not, you can be arrested. You might want to talk to the State's Attorney about having to testify. However, if you do not testify, it is likely the charges will be dropped. Which means your boyfriend will have learned there are no... View More

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