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Maryland Criminal Law Questions & Answers
1 Answer | Asked in Domestic Violence and Criminal Law for Maryland on
Q: Do I need to go to court for a subpoena involving a peace order violation if I don’t want to proceed with the charges?

I had a peace order which since has been modified from no contact to no hostile contact which was violated because of a misunderstanding. I don’t want to move forward with any charges and have told the SA that but have still been subpoenaed. I was told by the defendants attorney that I don’t... View More

Scott Scherr
Scott Scherr
answered on Feb 14, 2023

If you are subpoenaed, you are required to come to court. It may be that if you do not show up, nothing will happen to you. However, the prosecutor can send the police to bring you to court or the judge can order the authorities to bring you to court. This may not happen a lot, but it does happen... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: If you get a PBJ for a second degree assault in Md. is that a disqualifyer for a Md. handgun permit?
Scott Scherr
Scott Scherr
answered on Feb 10, 2023

If it was a crime of domestic violence, then the PBJ is a disqualifying act. If it was not domestic violence, then it is not a disqualifying act.

1 Answer | Asked in Traffic Tickets, Criminal Law and Civil Rights for Maryland on
Q: How should we proceed with the search that looks like was unlawful and a violation of rights.

My son which is a black 21 year old male was recently arrested in Ocean City MD over the weekend 12/31/22 for what we can only see as him being profiled but we live in Virginia. He was told by the police officer that pulled him over that his license plates didn't match his car and that he... View More

Mark Oakley
Mark Oakley
answered on Feb 3, 2023

Your son needs a criminal defense lawyer. Either he/you can afford private counsel, or he needs to apply for the Public Defender in the county where the charges are pending. The lawyer will obtain all of the discovery and evidence from the State (including officer dash video and body camera video... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: In Maryland, is the statute of limitations for a criminal misdemeanor trespass 1 year or 3 years?

Not quite clear from the statute which applies since trespassing could result in a 90 day sentence ...

§5–106.

(a) Except as provided by this section, § 1–303 of the Environment Article, and § 8–1815 of the Natural Resources Article, a prosecution for a misdemeanor shall... View More

Mark Oakley
Mark Oakley
answered on Feb 2, 2023

Any misdemeanor punishable by jail has no limitations for prosecution, unless the statute which charges the offense states that it does. Trespass has no limitations stated in the statute which makes it a crime. That does not mean a prosecutor would bring a stale charge long after it was committed... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: I was arrested for a hand gun charge but was found not guilty of the charge will that effect a job
Scott Scherr
Scott Scherr
answered on Feb 2, 2023

An acquittal of all charges should not affect your job. You should get your record expunged right away. Depending on your job, you may wish to get a true test copy of the disposition first.

1 Answer | Asked in Civil Litigation and Criminal Law for Maryland on
Q: if a contractor or company doesn't pay for services and rental of equipment can we file criminal case for theft of

services in Delaware, our home state.

Mark Oakley
Mark Oakley
answered on Jan 25, 2023

Theft typically requires an intent to steal and not pay as of the time the property is taken, so if equipment was obtained under a rental agreement from its lawful owner, without force and voluntarily provided to the contractor by agreement, then the owner of the equipment would have to prove that... View More

1 Answer | Asked in Criminal Law for Maryland on
Q: What are the consequences of destroying a hotel room? Broken mirror, broken picture, broken tv

Will the hotel charge money for the damages or will there be criminal charges pressed?

Scott Scherr
Scott Scherr
answered on Jan 20, 2023

There is a possibility that criminal charges will be filed for malicious destruction of property in addition to a claim for damages for the belongings destroyed. There is no way to be sure whether criminal charges will be filed.

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: I have a pending assault trial coming up. What does “request for check” mean as it’s the latest thing on the case search
Scott Scherr
Scott Scherr
answered on Jan 11, 2023

I have never seen that before. Check with your attorney. If you are not represented by counsel, you can call the Clerk's office to inquire.

It sounds like someone is requesting a check to make a payment for a service.

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?

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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1 Answer | Asked in Criminal Law and Domestic Violence for Maryland on
Q: My son is in Baltimore Jail on Criminal charges since October without public representation.

He's had a postponement but has not talked to anyone. What can he do?

Scott Scherr
Scott Scherr
answered on Dec 27, 2022

He should either retain private counsel or the Public Defender if he cannot afford a private attorney.

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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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

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