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Maryland Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Maryland on
Q: CAN THIS TRESPASS LAW IN ART. SIX, SUBTITLE 4 APPLY TO THE VISITING FAMILY OF ASSISTED LIVING RESIDENTS

OWNER OF ALF CALLED POLICE WHO ISSUED A WRITTEN WARNING TO DAUGHTER OF A RESIDNET

Scott Scherr
Scott Scherr
answered on Jan 17, 2023

The owner of the property can issue a warning that someone is not allowed on the property. If she comes on the property, she can be charged with trespass. It does not matter that it is the daughter of a resident.

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1 Answer | Asked in Criminal Law for Maryland on
Q: I injured a person who was trying to enter forcefully into my apartment.

I am pregnant female and lives in an apartment complex. Someone tried to enter forcefully into my apartment and in self defence I injured him with a knife and called the police. He was arrested on scene and police told me that he is under the influence of drugs. Police took him to the hospital and... View More

Mark Oakley
Mark Oakley
answered on Jan 16, 2023

You are not being charged as far as I can tell. The subpoena is so you will come and testify on behalf of the State in their case to prove the intruder guilty of a crime. You are a witness (and victim) of the crime. You do not need a lawyer. The prosecutor will call you to the stand to tell the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In Baltimore City when you ask for a Public Attorney how long should it take for one is provided for? Two months no P.A.

Son has been in Jail two months and no Public Attorney has come to see him yet.

Scott Scherr
Scott Scherr
answered on Jan 5, 2023

A Public Defender should enter his or her appearance for him promptly. He should reach out to the Public Defender's office. As far as when they come to see him, that is a different matter. They are extremely busy and I do not know how they decide when to visit their clients who are incarcerated.

1 Answer | Asked in Employment Law, Criminal Law and Libel & Slander for Maryland on
Q: My employer filed a false police report against me. How can i sue for defamation and slander?

I was fired from my job and my employer went to the police and filed a false police report that was slanderous and defamation of character. They also choose to not pay me for my last week of employment. The case is ongoing with the police. I gave them all the proof of my innocence.

Mark Oakley
Mark Oakley
answered on Jan 3, 2023

First things first: hire a criminal defense attorney and focus on defendin and winning the criminal case. Until you win that, and avoid a conviction and possible jail, you have no viable civil suit. If you beat the criminal case, then discuss possible civil claims against your employer, but not... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Hi, I have been charged with disorderly conduct, resist arrest, and fail to obey lawful order. All three are misdemeanor

This is my first offense. What usually happens in these cases?

Scott Scherr
Scott Scherr
answered on Jan 2, 2023

Jail is unlikely for a first time offender. An attorney can probably keep a conviction off your record. You should retain private counsel or go to the Public Defender.

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2 Answers | Asked in Criminal Law for Maryland on
Q: Hi, I have been charged with disorderly conduct, resist arrest, and fail to obey lawful order. All three are misdemeanor

This is my first offense. What usually happens in these cases?

Mark Oakley
Mark Oakley
answered on Dec 31, 2022

Depends on the facts of the offense, but avoiding a conviction and being eligible for a full expungement of your criminal record is a reasonable expectation, but how and when you achieve those things, and in what form (community service and charges dropped; a stet docket deal; a plea to just one or... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Is conspiracy to assault first degree a non violent misdemeanor?
Mark Oakley
Mark Oakley
answered on Dec 29, 2022

Assault in the First Degree is a felony that is classified as a crime of violence by the Maryland Criminal Code, Section 14-101. Under the Maryland Sentencing Guidelines, conspiracy to commit any offense is classified for sentencing purposes the same as the offense the defendant conspired to... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: Hi I thought I have a felony but when I look my case up it say this: CJIS Code:CONVERTEDCODE , charge class misdemeano

Charge Description- CDS MANUFACTURE/DISTRIBUTE-NARCOTIC; CJIS#: 20696

Charge Class: converted degree

Mark Oakley
Mark Oakley
answered on Dec 28, 2022

Look at what charge you were found guilty of or pled guilty to, as the original charge may have been amended down to a possession level misdemeanor as part of a plea deal. The original charge may remain on site simply because that’s what you were arrested/indicted on before your lawyer and the... View More

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3 Answers | Asked in Criminal Law for Maryland on
Q: I was charged with a theft scheme less than $1500 (>$500 really), in Frederick county, Maryland. I have no previous

Convictions or criminal record whatsoever nor do I have anything any record on my driving record. I unfortunately was laid off prior to being served, and with it being Christmas and having children have no funds for a lawyer, what do you believe to be the most likely outcome in my particular case,... View More

Scott Scherr
Scott Scherr
answered on Dec 16, 2022

If you cannot retain private counsel, contact the Public Defender as soon as possible. Jail is unlikely for a first time offender. An attorney will likely be able to keep a conviction off your record. You should be prepared to make restitution which will be required and also go a long way to... View More

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3 Answers | Asked in Criminal Law for Maryland on
Q: I was charged with a theft scheme less than $1500 (>$500 really), in Frederick county, Maryland. I have no previous

Convictions or criminal record whatsoever nor do I have anything any record on my driving record. I unfortunately was laid off prior to being served, and with it being Christmas and having children have no funds for a lawyer, what do you believe to be the most likely outcome in my particular case,... View More

Mark Oakley
Mark Oakley
answered on Dec 16, 2022

You have not described a series of thefts planned as one continuous theft scheme, but more probably multiple individual minor thefts unconnected to each other, but perhaps there is something missing from your recitation of the facts. Theft scheme is often an over-charged crime to bump the case into... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: I had a criminal conviction for theft 30 years ago can that conviction be vacated and expunged so I can travel.

I am now 68 and really would like to travel out of the country. My spouse who is an immigration attorney advise me that we may run into issues with this conviction. I served 90 days in a work release program at the time and completed all issues surrounding the conviction. In recent conversations... View More

Mark Oakley
Mark Oakley
answered on Dec 12, 2022

The only restrictions on entry (or re-entry) to the United States on account of certain criminal convictions apply to non-citizens in the United States. For greencard holders, the ffense would have to be a deportable offense to cause problems upon re-entry. If you are a US citizen there is no... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: Could a first offender petty theft crime be treated as an infraction in MD rather than a misdemeanor
Scott Scherr
Scott Scherr
answered on Dec 12, 2022

In Maryland, all crimes are either misdemeanors or felonies. There is no such thing as an "infraction." However, in some cases, the State will agree to drop the charge in exchange for community service. You should retain counsel to represent you.

1 Answer | Asked in Small Claims, Criminal Law and Personal Injury for Maryland on
Q: How do I pursue legal action against someone who stole my phone and send money to themselves

I tried to dispute the charges twice with my bank and they denied me saying I didn’t have enough proof but I sent them screenshots of me putting my phone in lost mode, text messages from the person saying they took it

Mark Oakley
Mark Oakley
answered on Dec 10, 2022

You need to go to the police, file criminal charges if you know who the person is, or at least get a criminal report filed and a copy of it that you are the victim of a crime. You give that criminal investigation report to the bank to prove the phone was stolen and your account illegally accessed.... View More

1 Answer | Asked in Personal Injury and Criminal Law for Maryland on
Q: Can I bring a civil suit against the woman who sold my daughter OxyContin?

A colleague (lives in Harford County) of my daughter (lives in Cecil County), sold my daughter Rx OxyContin for almost a year. The seller is a known doctor-shopper and drug seeker, and through her actions of selling her Rx has contributed to my daughter’s ongoing ill physical and mental health,... View More

Mark Oakley
Mark Oakley
answered on Dec 8, 2022

You cannot sue on behalf of your adult daughter, nor have you personally suffered a damage that would allow you a direct lawsuit against this person. Your daughter is the alleged victim of this wrongdoing, so she would have to sue in her own name against the responsible party. The problem with... View More

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: I live in Maryland and was scammed by someone from Texas. I have his residential address. Once I file police report with

local law enforcement, what else can I do? The amount is over $5000.

Mark Oakley
Mark Oakley
answered on Dec 2, 2022

You can file a civil suit in Maryland, or in Texas. Getting a judgment awarded is one thing; collecting it is another. If the scammer is in Texas, you will almost certainly have to enforce the judgment in Texas if that is where he has his assets. In a criminal proceeding, the judge can order... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a person physically in North Dakota record a conversation with a person physically in Maryland without consent?

This was a private setting. Recording was not made visible or acknowledged.

Mark Oakley
Mark Oakley
answered on Nov 21, 2022

While Maryland is a two-consent state for recorded conversation (requiring the affirmative knowing consent of both/all participants to the recording), other states ony require the consent of one party to the converation. You will have to ask a lawyer licensed in North Dakota what the law is in... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I'm trying to see if I can get an expungement for statute code 27.342 felony charge. this was 30 plus years ago

I have some charges I'm wanting to get expunges for and also will these expungements allow me to own a firearms?

Mark Oakley
Mark Oakley
answered on Nov 17, 2022

Yes. Effective October 1, 2018, Maryland amended its expungement statute to cover felony theft. However, the following preconditions apply: 15 years must have passed since the date of sentencing or completion of any sentence of jail, probation or parole (whichever is latest); AND you cannot have... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: is it lawful for prosecutor to dismiss assault charges without communicating with the victim? maryland law

I filed through a statement of complaint an assault charge Against my spouse whom admitted in writing that they assaulted me. The state prosecutor dismissed the assault charge without a hearing, without talking to me. I do know that the prosecutor communicated with my spouse and stated to my spouse... View More

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2022

Criminal matters are prosecuted on behalf of the People of the State of Maryland by the office of the State's Attorney. The victim's wishes are one consideration among many that the assigned prosecutor will consider, but are not determinative.

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2 Answers | Asked in Criminal Law for Maryland on
Q: What does Open / Inactive mean on Maryland Case Search?

A warrant was issues 2018

Scott Scherr
Scott Scherr
answered on Oct 26, 2022

The case is open because it has not been resolved. There is a warrant for the Defendant's arrest. The Defendant should hire an attorney to file a motion to recall the warrant. If the warrant was for missing a court date, it can probably be recalled.

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2 Answers | Asked in Criminal Law for Maryland on
Q: What does Open / Inactive mean on Maryland Case Search?

A warrant was issues 2018

Eric Todd Kirk
Eric Todd Kirk pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 25, 2022

Likely that the case is open because there is a warrant, but no activity because it has not been served. It will be active again once the target is arrested.

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