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Maryland Criminal Law Questions & Answers
2 Answers | Asked in Criminal Law for Maryland on
Q: My grandmother let me use my grandfather car because he no longer can drive and his car was safer and she said she feel

Better for me driving his car so I switched vehicles then month or so later she asked if I was going move my car out her driveway I told I needed order a tire everything was fine when tire came in immediately went over got my vehicle out her driveway and with no warning I learned after she had the... View More

Mark Oakley
Mark Oakley
answered on Apr 29, 2023

The District Court Commissioner is required to issue criminal charges if a person swears an oath regarding facts that if true would support the charge. The facts may later prove insufficient, or false. The State’s Attorney may review the charges and decide not to proceed, but generally you will... View More

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1 Answer | Asked in Criminal Law for Maryland on
Q: I was banned from a store in a strip mall the officers said I'm banned from the whole strip mall is this true?

I went to purchase a soda and the cashier refused to ring me up and threatened me I was the one who contacted the police.

Scott Scherr
Scott Scherr
answered on Apr 24, 2023

The owner or management company of the mall can ban anyone they want. If they have banned you, then you can be charged with trespass if you go to the mall. Stay away from the mall.

2 Answers | Asked in Criminal Law for Maryland on
Q: I’d like to have my felony theft conviction from 1990, in the state of Maryland, expunged.
Peter J. Weinman
Peter J. Weinman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 21, 2023

What happens in Maryland stays in Maryland. As a volunteer lawyer, I am unable to move your question so you should post this question in the Maryland section of Justia where Maryland attorneys can answer. Start here: https://answers.justia.com/questions/all/maryland

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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My attorney failed me. How can I be prejudged without my evidence and complete statement heard by the states attorney?

My attorney told me that my ex and I would have our charges dropped the day before the trial, so i was totally unprepared to know if I should have agreed to the stet. I now know the states attorney planned to find my ex innocent a month before the trial, even though I was the one that was... View More

Lee Eidelberg
Lee Eidelberg
answered on Apr 17, 2023

The Office of the State's Attorney has the prerogative either to prosecute, dismiss or in your case(s), place the cross assault cases filed against both you and your ex on an inactive or "stet" docket. Neither case, if "stetted" was dismissed. Thus, if you possess... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I have a license to carry and conceal a firearm. Does pleading guilty to PBJ felony disqualify to carry?

PBJ FELONY of MWID, does that disqualify me to carry my firearm and do I need to surrender my license during the probation period? Also after probation has ended , can it be expunged and gun rites be reinstated?

Scott Scherr
Scott Scherr
answered on Apr 15, 2023

A PBJ for a felony will disqualify you. I do not know the answer to your question about what happens if you get the charge expunged.

1 Answer | Asked in Criminal Law for Maryland on
Q: Does the police have the right to search my sons stroller without my consent?

permission?

This so called friend invited Me and my boyfriend to her home she was arguing with my boyfriend she than called the police told them my boyfriend hit me but it was false claims the Police came talked to us for awhile and than separated my boyfriend and I the police officer... View More

Scott Scherr
Scott Scherr
answered on Apr 11, 2023

The "plain view" doctrine states that a police officer can search the stroller in your case if the gun is in plain view. If it is not plain view, it may be an illegal search and seizure if neither you nor your boyfriend gave permission to search the stroller and the police officer did not... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: Can a probation be extended after the initial period has ended?

My probation ends on 4/30. I have not finished paying restitution. After 4/30, can the victim ask for an extension?

Scott Scherr
Scott Scherr
answered on Apr 9, 2023

Your probation can be extended by the judge to allow you time to make restitution. You also can be violated for failing to make restitution. It would be better to have your probation extended that to be violated and possibly sent to jail.

2 Answers | Asked in Criminal Law and Domestic Violence for Maryland on
Q: How do I get out of a subpoena? I feel like I am being forced to talk against someone I did not press charges on.

My boyfriend and I were both under the influence and fought. My mom was involved. Things got physical but no one pressed charges. He was charged with 2 2nd-degree assaults. My mother and I were both mailed a subpoena but we want no parts.

Scott Scherr
Scott Scherr
answered on Apr 5, 2023

This is not a sufficient reason to get out of a subpoena. If you have been subpoenaed to court, you must appear. If you do not appear, the police could come and bring you to court or you could be found in contempt. This does not happen in every single case, but it could happen here.

The...
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1 Answer | Asked in Criminal Law, Employment Law, Insurance Bad Faith and Insurance Defense for Maryland on
Q: Can a person with a 9 year old felony possession CDS charge or conviction obtain an Insurance License in MD?
Scott Scherr
Scott Scherr
answered on Mar 31, 2023

I do not know whether you are eligible to get an insurance license, but you are eligible to get your record expunged 15 years from the end of probation assuming all other criteria are met.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can MD imprison someone who requires 24hr physical care? Can't walk, prepare food, or bathe alone, and has fluid wounds?

This person Has to have toilet needs brought to them, fluid wounds cleaned and rebandaged every other day, assisted with multiple areas for bathing, and all food and drinks brought to them. They also only have an electric wheelchair that has to be charged by someone else and they can't move... View More

Mark Oakley
Mark Oakley
answered on Mar 30, 2023

For a major felony where jail is the expected punishment, yes. Whether a defendant goes to jail or not depends on a lot of factors, in particular the seriousness of the crime, victim injury, the defendant’s past criminal history, etc. Most first offenders, misdemeanors and even felony property... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: What would happen if I miss my court date

I was caught shoplifting @ a north Carolina walmart. I gave them my real name and social security #, but gave them a fake adress and never gave i.d. the officer that pressured me saying if I miss the court date I would be in big trouble so I've been calling the courthouse for about 4 months... View More

Scott Scherr
Scott Scherr
answered on Mar 25, 2023

If you miss your court date, they put a warrant out for your arrest. You can then be picked up on the warrant at any time. Hire an attorney in North Carolina to represent you. If there is a warrant, your attorney can file a motion to recall the warrant.

This will not go away if you fail to...
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1 Answer | Asked in Criminal Law and Small Claims for Maryland on
Q: The law implies that it’s only “Highways” that you can’t pick up and drop passengers, so on any other road it’s okay?

If someone were to he picked up on a backroad or any other road other than a highway and then driven through the highway and dropped off on another back road, is that still legal?

Mark Oakley
Mark Oakley
answered on Mar 23, 2023

MD Code, Transportation, § 11-127 -- Highway defined:

“Highway” means:

(1) The entire width between the boundary lines of any way or thoroughfare of which any part is used by the public for vehicular travel, whether or not the way or thoroughfare has been dedicated to the...
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1 Answer | Asked in Criminal Law for Maryland on
Q: If the firearm have been lost in a year old firearms case in Baltimore City, should the case be dismissed?

The charges are…..

1. LOADED HANDGUN IN VEHICLE

2. LOADED HANDGUN ON PERSON

3. HANDGUN IN VEHICLE

4. HANDGUN ON PERSON

There were 3 people in the car and the handguns were in the vehicle, but they were not found on the person who they actually belonged to.

Mark Oakley
Mark Oakley
answered on Mar 21, 2023

Depends on what other evidence there is in the case as to the presence and location of the guns, and the identification of the guns as real guns. Admissions in statements made by the defendants in the case may be sufficient together with officer testimony about the guns they found and seized. No... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I have a felony hand charge and have been asked to submit my dna in maryland is this legal
Mark Oakley
Mark Oakley
answered on Mar 12, 2023

If the police have a warrant to obtain DNA, yes, and after you’ve been charged and arraigned, they can request a DNA sample as part of the discovery rules. Discuss this with your lawyer, or if you do not have one, get one.

1 Answer | Asked in Criminal Law for Maryland on
Q: My boyfriend was released from house arrest and awaiting trail but we see he have a warrant for his arrest

He awaiting Trail in may was released from house arrest on 2/10 but when we look his case up he have a warrant for his arrest but we don’t know why

Scott Scherr
Scott Scherr
answered on Mar 11, 2023

If the warrant is in the same case, then he should contact his attorney to see what is going on. There way for any of us to know.

1 Answer | Asked in Criminal Law for Maryland on
Q: Can my son be placed on 60 days lock up for something while incarcerated and then be charged with the same offense when

My son received 60 days on lock up while incarcerated, for CON POSS/REC CDS WH CONF/DET. Once he is released can they charge him for the same thing, formally.

Mark Oakley
Mark Oakley
answered on Mar 6, 2023

Generally, administrative disciplinary actions taken against prisoners for misconduct and rules violations, and to maintain disciplinary order within the prison, are not deemed “punishment” for purposes of double jeopardy that would bar a subsequent criminal prosecution for the conduct that... View More

2 Answers | Asked in Criminal Law for Maryland on
Q: Need to find the conditions of a stet in allegany county maryland.

3 cases same defendant. I already looked up cases, they are closed, but I need the conditions for the stet. Need someone to find the conditions and relay them to me.

Mark Oakley
Mark Oakley
answered on Mar 3, 2023

You won't find them online, and most likely not in the court file back when paper records were kept. Any conditions would have been stated orally on the record, and recored by the defendant's attorney in their private client file and by the prosecutor in the State's file. If the... View More

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2 Answers | Asked in Criminal Law for Maryland on
Q: 2 weeks before my 3 year probation was up my PO violated me on a misdemeanor offense. I had no issues during my 3 year

Probation period. My PO then reopened a restitution and violated me for that. I wasn't aware of the warrant when I stood in front of a judge for traffic. Why didn't they pick me up on the warrant then? There are several holes in this whole situation.like commissioner releasing me on my... View More

Scott Scherr
Scott Scherr
answered on Feb 21, 2023

You should retain an attorney to represent you. An attorney can file a motion to recall the warrant. If the motion is granted, the warrant will be quashed and your case will be scheduled for a VOP hearing. The attorney can then represent you at the hearing.

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1 Answer | Asked in Criminal Law for Maryland on
Q: What are the odds of me getting jail time for theft of $50,000?

I have an Arraignment Hearing next week & I am being accused of embezzlement of $50,000 I have never committed a crime this is my first offense. I live in Maryland. I wanted to know what’s the likely hood I will go to jail? & if I go to jail is it like a minimum security prison or is it... View More

Mark Oakley
Mark Oakley
answered on Feb 14, 2023

Impossible to say with any certainty. Jail is possible if not probable with such an amount, but probation or home confinement is also possible. If this is embezzlement from an employer of yours the risk is greater. The length of time of any jail sentence imposed could be served in a local detention... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If you get a PBJ for second degree assault, does this affect your suitability for Federal Armed contract security?
Scott Scherr
Scott Scherr
answered on Feb 14, 2023

A probation before judgment is not a conviction, but can show up on a background check. You should get it expunged as soon as you are eligible. You should answer all questions truthfully on the application. No one can tell you whether this will affect your ability to get the position.

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