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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: My loved one has an eye injury which occurred before going to prison and has left them visually impaired. Is there help

If at all possible how can I advocate for them?

Cedulie Renee Laumann
Cedulie Renee Laumann
answered on Dec 15, 2023

You may want to reach out to the National Federation of the Blind (NFB), headquartered in Maryland, for resources.

While not legal advice I hope this helps.

1 Answer | Asked in Criminal Law for Maryland on
Q: With new Redeem act in MD - looking to see if I can get a specific charge expunged?

CDS manufacture/distribute narcotic FELONY - State code CR.5.602.(1) Offense - 3/13/2007, probabtion completed I believe in early 2011.

Scott Scherr
Scott Scherr
answered on Nov 20, 2023

You should be eligible under the REDEEM Act of 2023. This charge should be able to be expunged seven years from the end of probation/parole assuming no new charges.

1 Answer | Asked in Criminal Law, Civil Rights and Military Law for Maryland on
Q: What are the rules about having a lawful peaceful protest
James L. Arrasmith
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answered on Nov 12, 2023

In the United States, the right to peaceful protest is protected under the First Amendment.

However, this right is subject to certain restrictions to ensure public safety and order. Local laws may require permits for large gatherings or the use of public spaces like streets or parks....
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1 Answer | Asked in Criminal Law, Traffic Tickets and Constitutional Law for Maryland on
Q: How close can I approach an officer engaged in a traffic stop with another person?

Of course only legally speaking. If I was just an observer of a traffic stop in progress involving someone else, how close can I get the the car stopped or the officer doing the stop? Can I position myself behind the officer? Can I interact with the driver or passengers, specifically to give... View More

Scott Scherr
Scott Scherr
answered on Nov 12, 2023

You cannot position yourself right behind the officer or the officer may feel you pose a danger. You cannot interfere with the stop or arrest. You can film it since you are in a public place. You should not be interacting with the driver or passengers. You must obey a lawful command of the police... View More

1 Answer | Asked in Criminal Law, Tax Law, Banking and Federal Crimes for Maryland on
Q: I lied and disputed 1,500 from betmgm. There's already 1,200 in the account that the bank gave back. Can I be arrested?

Hello, I made a stupid decision. I opened an m&t checking and savings account last month on the 18th. A few days ago, I downloaded bet mgm (an online gambling site) and placed a few bets. I had just gotten paid 1,000 from my current job.. So I bet with that money and ended up with $1500. So... View More

Scott Scherr
Scott Scherr
answered on Nov 3, 2023

You should stop posting information online since you have admitted to a crime. You could be charged with fraud and theft. I would not speak further with anyone about this case. You should retain counsel if you are charged.

1 Answer | Asked in Criminal Law, Agricultural Law, Animal / Dog Law and Environmental for Maryland on
Q: Can dnr officers search my house without permission in md if someone (lies) tells them i have a monkey inside my house?

They came and knocked on my door but i didn't answer. I was told by a neighbor that another neighbor that doesn't like me told the police or dnr that i have a monkey. But now I'm scared to sleep bc in scared they are gonna raid my house n i have really bad anxity and ptsd. I... View More

Scott Scherr
Scott Scherr
answered on Nov 2, 2023

They cannot raid your house unless they get a warrant.

1 Answer | Asked in Civil Rights and Criminal Law for Maryland on
Q: Can I file a civil suit against something found guilty and sentenced to Probation before judgement?

I was the complaintant in a criminal case in Anne Arundel County. The defendant was found guilty but sentenced PRJ.

Can I now file a civil suit for the hardship and damages he caused to me?

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Yes. You will not be able to use the result of the criminal case to prove your claims, but you can order the transcript of his plea of guilty and use that to prove his admission to committing the crime (assault? Theft?) against you.

1 Answer | Asked in Criminal Law and Civil Rights for Maryland on
Q: Can I own a firearm if my husband is a convicted felon?

I have emailed the supreme courts and administration of hearings also and they told me to ask MSP and MSP told me to ask a lawyer I explained to them it would be locked in a safe, I would only have a key and combination to the safe he would not have access to it I have rights this violates my 2nd... View More

Mark Oakley
Mark Oakley
answered on Oct 20, 2023

Your husband cannot own or “possess” a firearm. Possession encompasses “constructive possession,” which means the firearm is accessible to him. Any gun n the house he dwells in is close enough to be accessible.

“But my wife is the only one with a key or combination to the gun...
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1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Maryland on
Q: Can I sue a hotel if me and another family members medications and money were stolen from our room?

I was on vacation out of state and a family member realized her things were rummaged through when we came back from an event and items were missing. I noticed my medication and money was gone the next day when I went to take them. This happened in South Carolina and I live in Baltimore. The hotel... View More

Lee Eidelberg
Lee Eidelberg
answered on Oct 16, 2023

The simple answer to the question of whether you can sue the hotel is "yes." However your need an attorney admitted to practice in SC and evidence that the hotel's staff was negligent in some manner. Presumably, the doors to the rooms lock automatically upon exiting the room so... View More

2 Answers | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: Hi. I violated my probation for driving on suspended, although I haven't been to court on the driving one yet..but I was

Incarcerated when MVA suspended my license, and they suspended it for failure to take driving improvement program, which was during COVID. Can I get out of this one? I mean clearly I got released from prison and started driving, but I honestly didn't know it was suspended

Scott Scherr
Scott Scherr
answered on Oct 15, 2023

Do the driver improvement program now and get your license reinstated. You should retain counsel to represent you since the offense carries possible jail time and the VOP also could lead to jail time. If you get your license reinstated, there is a good chance an attorney can keep you out of jail.

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1 Answer | Asked in Criminal Law for Maryland on
Q: If a car is impounded during an unconstitutional arrest ,will evidence found in a later search be admissible in court?

Car was impounded during an arrest when there was no probable cause for the arrest or for the way that the police blitz attacked the vehicle while it was sitting still at a red light. After arresting the occupants o the vehicle the officers obtained a warrant to search the vehicle and found some... View More

Mark Oakley
Mark Oakley
answered on Oct 14, 2023

Possibly. More likely to suppress the evidence if the car belonged to the young man than if he was a mere passenger. It depends on more facts than you’ve provided, and the inference that all passengers in car equally possessed the evidence found in it is a potentially very weak one—also partly... View More

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: I was wondering with the statute code 27-286 am i eligible for an expungement. This happened back in April 25, 1996.
Mark Oakley
Mark Oakley
answered on Oct 11, 2023

Yes, these charges can generally now be expunged. There are some variables, as old Article 27, Section 286A, 286B and 286C are all different from Section 286 (without a capital letter attached). Former Article 27, Section 286 has been recodified under Criminal Code 5-602. Both a misdemeanor... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: : I was wondering with the statute code 27-286 am i eligible for an expungement. This happened back in April 25, 1996
Scott Scherr
Scott Scherr
answered on Oct 11, 2023

If you received a stet, nolle prossequi, or probation before judgment, it can be expunged. If you were convicted, an attorney would have to review the exact charge to see if it is eligible for expungement. Only certain convictions are eligible. You speak to an attorney.

1 Answer | Asked in Criminal Law for Maryland on
Q: When is a good time to ask for a bill of particulars in a Circuit Court criminal case?

A young man is being wrongfully charged with several serious charges which he is definitely not guilty of. The initial arrest was without warrant and lacked sufficient probable cause for the arrest. Now prosecutors are using evidence that is not related to the case, but could be made to seem like... View More

Mark Oakley
Mark Oakley
answered on Oct 4, 2023

The young man’s lawyer should decide on whether a bill of particulars is necessary or appropriate. Once discovery (evidence) from the prosecutor’s case is provided, it can be reviewed and then a bill of particulars drafted to address the gaps in the State’s case.

1 Answer | Asked in Criminal Law for Maryland on
Q: 3 year’s probation Maryland criminal PBJ

So I was given 3 years probation plead guilty but was given a PBJ I want to close my probation early my only conditions are comply with mental health which I have been doing but I have been doing other classes also have certificates , enrolled in college, no issues on probation my probation isn’t... View More

Mark Oakley
Mark Oakley
answered on Sep 28, 2023

You can always file a motion requesting that the judge terminate probation early or even request an early expungement of your criminal record. However, whether the timing and reasons in support of your request are sufficient or appropriate at this time would require more evaluation. Discuss this... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If I have a fta with a $1000 bond do I have to pay the whole bond?
Scott Scherr
Scott Scherr
answered on Sep 26, 2023

Your best bet is to hire an attorney to file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be set for trial. The attorney can then represent you at trial.

Your option is to turn yourself in while ready to pay the $1,000.00 bond or...
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1 Answer | Asked in Criminal Law for Maryland on
Q: Was looking to find the timeline on when I would be able to apply for expungement in maryland and if possible a gov pard

Was convicted of CDS - POSS. OF FIREARMS 1 0692 on 11/01/2017 Sentence/disposition 05/09/2018 for 3 Years

Happened in Maryland

Previous felony conviction in 2016

ATT-CDS DIST-NARC

Scott Scherr
Scott Scherr
answered on Sep 23, 2023

Firearm convictions cannot be expunged. A probation before judgment can be expunged three years from the end of probation. You should run this by an attorney so they can look up the exact charge.

Anyone can ask for a pardon, but not many are granted.

1 Answer | Asked in Criminal Law and Traffic Tickets for Maryland on
Q: A friend gave me a tag to put on my car to keep it parked in parking lot of my home. Come to find out it was a stolen

Tag. I did not know it was stolen. What's going to happen to me

Scott Scherr
Scott Scherr
answered on Sep 15, 2023

If you have been charged with a crime, you should retain counsel to represent you. If not, you need to remove it from your vehicle right away. You should seek legal advice about what to do with it.

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
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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

1 Answer | Asked in Criminal Law for Maryland on
Q: With no probable cause for the initial arrest is the seizure of the car, refusal to release that car and suspected
Mark Oakley
Mark Oakley
answered on Aug 18, 2023

Lack of probable cause is the basis for a motion to suppress all evidence found as a result, and to make the initial stop illegal.

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