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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Maryland on
Q: How do I get off of pretrial services early in Maryland?

Or at least get a curfew

Scott Scherr
Scott Scherr
answered on Jun 10, 2023

You would need to file a motion to modify the pretrial conditions. The judge is unlikely to grant it absent a change in circumstances since the pretrial conditions were set.

1 Answer | Asked in Criminal Law for Maryland on
Q: Why would they reopen a case

They reopened my husband case and I was wondering why it says violation of probation but he’s been checking in

Scott Scherr
Scott Scherr
answered on Jun 7, 2023

It is impossible to know why a violation has been alleged. It can be for failing to pay restitution, complete court ordered treatment, pay court fees or probation fees, picking up a new charge, or any number of reasons. He should retain counsel to represent him. The Violation will set forth the... View More

1 Answer | Asked in Criminal Law, Civil Rights and Federal Crimes for Maryland on
Q: How do I remove an unrelated persons name from my indictment?

I’m in Silver spring, Maryland. I’m attempting to expunge a felony marijuana case from over 17 years ago. In the process of filing the paperwork, I discovered my date of birth on the internets case search was incorrect. I decided to purchase a copy of the indictment. In the indictment docket I... View More

Mark Oakley
Mark Oakley
answered on Jun 5, 2023

It depends on whether the mistakes were made by the clerk when updating the online Judiciary Case Search system, or whether these were errors made in-court by the judge at the time of sentencing or earlier in the charging documents by the police or prosecutors at the start of the cases. If the... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can my sons case be dismissed if they got his name wrong?

My son was stopped by police because they said the window tint on the car was illegal. When they ran his name they said that he had a warrant for a simple assault from March 2023. He was incarcerated in March 2023 and the assault allegedly took place while he was incarcerated. He was taken into... View More

Scott Scherr
Scott Scherr
answered on Jun 5, 2023

This is a misnomer that will be corrected. It will not result in the dismissal of the charges unless the warrant was meant for someone else. If he can show that it was not him and instead was this other person with a different name, that is a defense.

2 Answers | Asked in Criminal Law for Maryland on
Q: I have a misdemeanor possession of cds not Marijuana charge court date today in Frederick md

I was planning on having my mother drive me to Frederick md for the possession of cds not Marijuana charge and request a jury trial because I heard that circuit Court easier on cases like that being they are used to trying major felony cases that question 1 is that a good idea? Question 2 my mother... View More

Mark Oakley
Mark Oakley
answered on Jun 1, 2023

Take an Uber or call a friend and get to your court date. Only pray a jury trial on advice of experienced counsel who is familiar with your case, the judge you’re in front of and the prosecutor. You can always appeal an adverse result in District Court to Circuit Court and get a do-over so... View More

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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Q: How do I expunge a case that has my incorrect birthdate?

I’m in montgomery county, Maryland. I want to expunge a Felony case from over 15 years ago. I purchased a copy of the indictment. My birthdate is incorrect on the first 2 pages and correct on the next 11 pages of the indictment. Someone used the incorrect birthdate and posted it on the internet... View More

Mark Oakley
Mark Oakley
answered on May 29, 2023

Just file the petition using whatever information (name spelling, birth date) that is on the judiciary case search page for the case you’re expunging. Sign it and file it. The case will get expunged. Who cares about the birthdate on a case file that will no longer be visible?

1 Answer | Asked in Consumer Law, Criminal Law and Business Law for Maryland on
Q: Are children allowed to play behind a bar in Maryland?

I’d like to report this man to the liquor board. Under his watch he’s allowed multiple children including his own to walk freely and play behind the bar at a restaurant.

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

I suggest that you report him. Could also be child endangerment, you might want to contact CPS. You need to consult an attorney in your local area that practices this kind of law. Thank you for using Justia Ask a Lawyer.

1 Answer | Asked in Criminal Law for Maryland on
Q: I received an email from Google today about my Google account is being subpoena. I don't really understand it.

It says a police department issued the subpoena to get information from my google account.

Am I charged with anything and I haven’t been contacted by the police yet if they contact me what should I say?

Maurice Mandel II
Maurice Mandel II
answered on May 24, 2023

I think you are asking the right questions, and you see something coming that means you need to contact a Criminal Law attorney, and discuss everything fully with them in confidence. Thank you for using Justia, Ask a Lawyer.

2 Answers | Asked in Criminal Law for Maryland on
Q: I got an email from google saying that my account is subpoena by police department and the states attorney.

I got a copy of the subpoena from google but I don’t have to appear in court my name or address is not in the subpoena they only request google to turn in the documents they want.I have no idea why this happened and I am confused.

Am I being investigated?I haven’t been contacted by any... View More

Mark Oakley
Mark Oakley
answered on May 24, 2023

Retain counsel now so you have an attorney lined up to call in the event you are contacted by police or charged. A experienced criminal defense lawyer can act much more quickly and effectively than you can to protect your rights and secure your release on bond in the event of arrest and detention... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: charged with FIREARM-UNLAWFUL sale, firearm-reg sale, gun poss. On probation for assault, only 20. What will happen?

Multiple counts for all of those, all misdemeanors but he has assault on his record and is still on probation.

Mark Oakley
Mark Oakley
answered on May 16, 2023

He needs a lawyer. He’s facing not only these new charges, but a violation of probation on the assault case. Both can lead to jail. Firearm cases are treated seriously. But what can or will happen to him cannot be predicted with so little information. Hire an experienced criminal defense attorney... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: When doing a traffic stop and the police is using a drug dog are they supposed to touch your car
Scott Scherr
Scott Scherr
answered on May 8, 2023

There is nothing prohibiting the police from touching your car during a traffic stop or have the dogs sniff your car and touching it. Whether they can search your car is a complication question depending upon the specific facts of your case.

1 Answer | Asked in Appeals / Appellate Law, Criminal Law and Legal Malpractice for Maryland on
Q: Is it legal malpractice when your appeals lawyer sends another lawyer in his place without your consent or telling you

If your told your appeals attorney will be at court defending you but sends someone else you've never talked to instead without talking to you about it. He also failed to send another lawyer from the trial court county to testify he would have tried your case differently when your seeking... View More

Joel Gary Selik
Joel Gary Selik
answered on May 8, 2023

It depends on the fee agreement and other facts. Generally, an attorney hiring and using associated attorneys is acceptable.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Constitutional Law for Maryland on
Q: Can you have a review of sentence if there were no jury instructions on mental issues of ptsd&paranoia&drunk at the time

During jury deliberation the jury ask court if first degree murder meant he intended to kill the one person or anyone. The prosecutor was allowed by Judge to give them transfer of intent to anyone. Mental health on both sides proved defendant had ptsd, Paranoia, Social Anxiety, alcohol and drug... View More

Mark Oakley
Mark Oakley
answered on May 8, 2023

There is no special instruction for that, and the general instructions on intent are sufficient. What you are arguing is based on the evidence which I assume was presented at trial and was therefore argued on your behalf by your lawyer as a basis to raise a reasonable doubt as to your ability to... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Maryland on
Q: Can a police officer take a photo of my feet with his cell phone, while I'm being detained awaiting processing?
Mark Oakley
Mark Oakley
answered on May 7, 2023

Seems a bit odd. Is there an evidence based reason for doing so? Did a witness or security camera footage identify the offender in part by their footwear or feet? Was this a DUI where you failed to perform field sobriety tests and there’s a potential issue that the type of footwear interfered... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: I called the police station and made a possible threat. What can happen to me?

Deleted

Mark Oakley
Mark Oakley
answered on May 7, 2023

I’m not sure what you said qualifies as an actual threat. You described a hypothetical future event that describes a forced or unauthorized entry into your home and your imagined reaction to that imaginary future event. While it is possible that the police treat this as someone who may pose a... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: What are my options for a weapons charge in Maryland for a gun registered in Virginia

Other individuals in the vehicle were in possession of legally registered weapons as we traveled through the state but I did not have a weapon in my possession

Scott Scherr
Scott Scherr
answered on May 5, 2023

The gun laws in Maryland are much stricter than in Virginia. You will need to retain counsel to represent you. An attorney will be able to explain the law and your possible defenses.

1 Answer | Asked in Criminal Law, Personal Injury and Education Law for Maryland on
Q: I have a special needs son who was assaulted by his teacher on 2 twice. what kind of lawyer do I need for this situation

CPS was involved because there was a witness who reported the teacher. Now the teacher filed a claim to juvenile courts saying it was my son who assaulted her. My son has autism, adhd and mod to severe intellectual disability. I need help to fight this.

Todd B. Kotler
Todd B. Kotler
answered on May 5, 2023

Hopefully this occured around some typical peers or other witnesses who can speak to what actually occurred. You need to get statements from those individuals ASAP and get them to commit to appear at the evidentiary hearing. Merely having a written statement will often not work as that is... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: A friend plead guilty in district court and was sentenced to 6 months in jail

Can they appeal the case to circuit court and be released from jail the same day how does this work can someone please answer this and help me so I can relay the message I was told the fee was 87 dollars and it takes effect same day so they are released never dealt with this

Mark Oakley
Mark Oakley
answered on May 4, 2023

If the District Court judge did not set an appeal bond then he can get out upon paying the appeal bond simultaneously with noting the appeal and paying the appeal fee. You can’t note the appeal for him though. Either he does it or his lawyer has to do it. If there’s no appeal bond set he can... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can BURGLARY-4TH DEGREE/TOOLS be expunged in Maryland this charge is from 2016

Plead guilty no longer on probation

Scott Scherr
Scott Scherr
answered on May 3, 2023

If you received probation before judgment, it can be expunged now. If you were convicted of 4th degree burglary and did not receive probation before judgment, you are eligible for expungement 10 years from the end of parole or probation assuming that you otherwise eligible for expungement.

1 Answer | Asked in Criminal Law for Maryland on
Q: Was placed on 3 years probation given a PBJ March 10,2023 I am complying with probation and mental health treatment

My agent isn’t in disagreement for unsupervised probation because they still do monthly checks to make sure I haven’t gotten new charges and I’m complying with mental health treatment how long should I wait to file a motion to ask for unsupervised probation because it’s effecting my mental... View More

Mark Oakley
Mark Oakley
answered on May 2, 2023

Way too soon. It’s been what, a month and not quite a half? Of a 3 year probation? You’ll just anger the judge.

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