Ask a Question

Get free answers to your Criminal Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can I sue the court for false imprisonment after serving jail time for violating an illegal probation?

Maryland statute clearly prescribes that probation cannot exceed 5 years; unless probationer has given written consent for the purposes of payment of a restitution.

I was in Montgomery County Adult drug court, and I have served approximately 900 days in jail on a probation that has been... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2016

The courts, the employees thereof prosecutors, and other core personnel typically enjoy either qualified or absolute immunity for their actions in their official capacities. Probation may be extended or tolled for a variety of reasons, some of which may be applicable to your situation. Nevertheless... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: My nephew received a citation for false documentation in Townson, MD. The citation reads C2, section 76, sub section 115

Can you provide any insight into this charge? What can we expect?

Bennett James Wills
Bennett James Wills
answered on Oct 18, 2016

Assuming the actual charge is under statute Criminal Law Art, 10-115, I'm guessing he was charged for having a fake ID. You can look up the penalty under Criminal Law Art., 10-119. He'd be wise to hire counsel even though under 10-119, he'd be looking at a fine. But without know more... View More

1 Answer | Asked in Criminal Law, DUI / DWI and Car Accidents for Maryland on
Q: Can a 19 year get locked up for having sex with 16 year old
Peter N. Munsing
Peter N. Munsing
answered on Oct 16, 2016

Only if it was forcible or broke some other law. 16 is age of consent.

1 Answer | Asked in Criminal Law for Maryland on
Q: hello I would like to know ift here is a place to look up codes such as this one DEFENDANT COMMITTED;160818;PGD
Bennett James Wills
Bennett James Wills
answered on Oct 16, 2016

Nope. You can call the clerks office and ask. But if I had to guess on that one - the defendant was committed to the Prince George's County on 8/18/16.

1 Answer | Asked in Criminal Law for Maryland on
Q: Hello can i get a tel-misuse charge that's 11 years old expunged in maryland?..
Bennett James Wills
Bennett James Wills
answered on Oct 14, 2016

If the charge did not result in a conviction you could file for an expungement.

1 Answer | Asked in Constitutional Law and Criminal Law for Maryland on
Q: Is it legal to carry a sword in public and just have around you for protection?

I been walking around with a sword while sheathed with me for protection and quiet a few cops passed by me witout a word so is it legal??

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

Probably not a good idea. You could be charged with carrying a dangerous weapon. See Md. Code Ann., Criminal Law, 4-101, for example. While "sword" is not specifically used in the definition, the police or prosecutor could probably find a way to charge you.

1 Answer | Asked in Criminal Law for Maryland on
Q: How can you be charged with first degree assault if you didn't touch the person?
Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 13, 2016

It's not possible to answer this question without full knowledge of all pertinent facts. My suggestion would be that you consult immediately with an experienced criminal defense attorney. For example and by way of illustration only, if you threw a rock at someone striking them in the head... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Placing a 20 year old date a 17 year old

Okay so my boyfriend just turned 20 and I just turn 17. My question is, in Maryland is that illegal? We aren't having sex by the way.

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

As long as he is not in a position of authority - i.e. teacher or guardian; then it would not be illegal since he is not more than four years older than you. Age of consent in Maryland is 16. But still probably better to wait until you're 18.

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: My son is suing me and I don't know the reasons I haven't been served as yet How long can my son has to sued me for

Also can I be arrested on this

My family has been threatenING me

They said the sheriff and others has been at my home and I better answer the door before they have me arrested

I haven't been home while whom ever has been coming to my door

I am very upset... View More

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

If your son has filed a lawsuit against you; the next step is that he must serve it on you. He has the option to have the Sheriff attempt service. Which is why the Sheriff has probably been to your home. To answer your other question...if it is just the initial stages of the lawsuit, then no, you... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If I live in Maryland could I file harassment charges to somebody who live don another state?
Paul Stanko
Paul Stanko
answered on Sep 18, 2016

Of course! Contact a police agency wherever the crime occurred.

1 Answer | Asked in Criminal Law for Maryland on
Q: MD has charged me under Title 3-803 which is stalking, can they convict me of elec.mail misuse which is section 3-805 ?

3-803 only addresses following a person. My amateur assessment is that it violates my 14th amendment (fundamental fairness and due process) to be conviction under a section not charged under.

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 14, 2016

You should immediately consult with an experienced criminal defense attorney. During your consultation you will want to discuss the concept of lesser included offenses, collateral estoppel, double jeopardy , merger, amendments and the like. All of these concepts could have applicability to your... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I received a threatening letter from my ex whom is in jail for attempted on my current. How do I address this?

The father of my child stabbed my current boyfriend and is in jail serving ONLT 2 years. I received a letter from him unsigned or dates but have other letters as well to prove his hand writing. U don't know if I should call the jail or police. This state seems to not care about threats.... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2016

This is a difficult situation, I'm sure. You should contact the warden, or appropriate authority, where this individual is being held.

1 Answer | Asked in Criminal Law and Landlord - Tenant for Maryland on
Q: What can be done about my noisy neighbor?

We live in a condo and the neighbors above us has a child that run and jumps all hours of the day. We spoke to them about the noise and they have refuse to address it. Their blatant disregard for their neighbors is astounding. We are the owners of the condo we are currently living in however, the... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 4, 2016

I'm not sure this is a criminal law based question. You could certainly take it up with the homeowners association, condo Owners Association or board.

1 Answer | Asked in Criminal Law for Maryland on
Q: could an second degree assault could be expunged in Maryland or I have to ask for a government pardon

I pleaded guilty and I was sentenced to 9 month suspended jail and did one year probation

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 1, 2016

With limited exceptions a conviction is not subject to expungement and a pardon would be required. If appropriate post-trial motions were filed and not ruled upon yet, however, you may be able to get the guilty finding modified. There is also the possibility of a proceeding Coram Nobis. It is clear... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: What would be considered other evidence?

I want to invoke my spousal privilege....and make sure there is no there evidence against my husband in hopes the case is dropped.

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2016

This question is going to require some context to answer in any helpful way. This is a question that is best answered in a confidential setting. I would suggest that you consult with the lawyer or lawyers of your choosing in a confidential setting.

1 Answer | Asked in Criminal Law for Maryland on
Q: Over how much would it cost to pursue a motion to modify a sentence

For probation violation

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 31, 2016

That is a question that can only be answered by a specific lawyer, typically in a confidential setting. Their is no price schedule for these matters. Even though there may be a customary fee range for services, this is a large range, and of course varies based on jurisdiction and the specific... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: My husband has been sitting in jail for 305 days his right to a speedy trial has been violated as of 135 days now.

Can he now file to have this charge dismissed?

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2016

The unfortunate answer is it depends. Is it a statutory or constitutional based claim? Are they district or circuit court charges? Has the right been invoked and not waived? Your best course is to immediately consult with an experienced personal injury attorney.

View More Answers

2 Answers | Asked in Criminal Law for Maryland on
Q: My husband violation probation and was sentence to 17 month his back time what can I do to try to get him out early

Need step to help him get out

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 30, 2016

Depending on the timing of the sentencing he may have appeal rights.

View More Answers

1 Answer | Asked in Car Accidents, Criminal Law and Traffic Tickets for Maryland on
Q: Can police officer issue a charge with all three reckless, aggressive, negligence together?

My friend recently received a speeding related charge with 6 charges, three of them are these.

Peter N. Munsing
Peter N. Munsing
answered on Aug 29, 2016

Possibly, depends on how they were written up. Rather than focus on what your friend sees as technical issues, your friend needs to focus on finding a lawyer who handles traffic citiations in the court where the case will be heard, as it's pretty clear the officer is going for an offense that... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Family Law and Personal Injury for Maryland on
Q: I have been dealing with abuse from my family dating back since before I was even in kindergarten. Physical, mental,

And sexual abuse. Plus blackmail and extortion from my father. My family really messed up my life and I wanted to see what, if anything I could do about it. What are my options and what are the posable outcomes if I sue? Can I set up an appointment to meet a lawyer who might work free unless we... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 9, 2016

Probably time to move. Generally, you can sue for physical abuse and extreme mental cruelty--but the problem is if the family members don't have money, where will the free lawyer you seek get paid from? Generally, if you are looking for a contingent fee lawyer, contact the Md. Assn for... 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.