Police but no charges..the officer called my PO and told her I was in contact with victim.. so my question is is this a technical since it was a condition on my probation also will the victim be at my hearing he only made a complaint he did not press any charges
It's not a "technical" violation, like failing to pay a monthly supervision fee, but a violation of a special term of probation. Whether the PO will be able to prove the violation without the victim present to testify is another matter. Repeating hearsay phone calls from a...Read more »
I have been on an Ankle Monitor since this whole thing started. On Tuesday of next week, it will be 90 days. The Maximum sentence for my charge is 90 Days. The Maryland Governor has lifted all the COVID restrictions. I still don't have a Court date. I'm filling a motion with the... Read more »
If you have money to pay a lawyer, a motion can be filed to modify the terms of bond. You have not been subjected to cruel and unusual punishment under the Constitution, nor double jeopardy. An argument can be made that the ankle monitor, if your freedom of free movement has been restricted, is the...Read more »
If you are married to the defendant, you can assert your spousal privilege not to testify against your souse. It must be asserted in person at court, and you must tell the prosecutor of your intentions, and they will have you state in open court before the judge that you are asserting the...Read more »
No, the prosecution must take place in the jurisdiction where the crime was committed, unless a change of venue is granted because pretrial publicity prevents the empanelment of a fair jury, or for some other compelling reason.
The State absolutely spends money on these cases. A first violation has a maximum of 90 days. There is a one-year sentence possible for subsequent violations. It's impossible to gauge how a trial may go without knowledge of the facts of the alleged violation. You should meet with a lawyer in a...Read more »
I have a PL order that grants me sole legal and residential custody but the custodial time given to my spouse is very liberal. It also contradicts the fact that I am the one with sole legal custody. The order states that our daughter will participate in extracurricular activities and gives him the... Read more »
A pendente lite order is a temporary order that, generally, remains in effect until the actual trial. I suspect that you have an actual trial scheduled for June. If you feel that there is a sufficient reason for the court to reconsider the issue of custody after the pendente lite order but before...Read more »
You need to be served, one way or another. The judge can extend the interim PO until you are served, postponing the final hearing. If you are deemed to be actively evading service, a judge may make that determination and order service by alternative means and issue a final order, but that...Read more »
I was granted an interm and a temporary restraining order against my sister-in-law, but the final protective order was dismissed b/c all of my evidence came from my brother-in-law’s phone and he was not present at the hearing (he had given me copies of all of the texts and voicemails).
If I need to contact Adult Protective Services for someone in an abusive adult guardianship situation, should I be contacting them in the state the person is living in or in the state of jurisdiction for the guardianship?
It is unclear based on the facts whether you can have the person removed from the home. However, to get a protective order dismissed against you, you will have to gather evidence and present both tangible (if available) and testimonial evidence of what happened at the protective order hearing. I do...Read more »
My boyfriend got charged with second degree assault I don’t want to press charges nor do I want to go court for this case how can I get it dismissed I reached out to the prosecutor but I haven’t been able to reach her yet so what I can do fast efficient to get it thrown out
It's completely out of your control. The people of the state of Maryland through the office of the state's attorney are prosecuting the case. The decision whether or not to proceed with the case is within the sole discretion of the prosecutor, not the victim. You can certainly make your...Read more »
Last night he threw firecrackers at my apt. I thought it was a shotgun because of the very loud sound so i called the police and told them i heard a shotgun firing by my apt. They came and admitted that he had firecrackers but no gun on him. He has threatened me in the past. The cops allowed him to... Read more »
You can seek a protective order for stalking. While he is technically allowed to be on public roads and such if you get a protective order that covers harassment and he is not allowed on common areas of your apartment such as the parking lot. You can get one from a commissoner if the court is...Read more »
No, he cannot take your camera and gear. Although you are married, and most property acquired during marriage is marital property, that does not mean that he can take your personal property from you. Try calling the local police for assistance. I do not know if he is still residing with you, but...Read more »
Depends on your record at the time and how serious the assault was and whether a weapon was involved. I was involved in legislation in Annapolis seeking to come up with a new degree of assault charge to lower the maximum penalty (up to 10 years) on an unconsented-to touching without a lawful...Read more »
First degree assault has a maximum punishment of 25 years. Second degree assault carries a maximum of 10 years. If the charges arise out of the same act - the second degree assault would merge into the first degree assault so the total maximum would be 25 years. There is no minimum sentence so...Read more »
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