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Maryland Federal Crimes Questions & Answers

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: This is regarding a federal agency being hacked.

I am a consultant for a legal firm representing the complaintive agency in one case against suspect foreign cyber Security Company. I represent the same suspect foreign cybersecurity company in a case against the U.S. cybersecurity company. Can I legally represent both companies? If Not what laws... Read more »

Joseph D. Allen answered on May 16, 2019

Criminal liability in a situation like this might result from defrauding one of the parties- e.g. obtaining something of value (your fees) from them under false pretenses (perhaps that you are not using the confidential info obtained from them in one matter against them in the other matter).... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: What the code for fraud in a marriage

Mark Oakley answered on Mar 1, 2019

Maryland courts can grant an annulment to a party who was fraudulently induced to enter into a marriage as part of their general equity powers under Family Law Code Section 1-201(b)(3). There is no stand-alone statute that addressed "fraud in a marriage" and it is unclear what you are referring... Read more »

2 Answers | Asked in Federal Crimes for Maryland on

Q: I was convicted of a felony 9 years ago Straw purchase. I would like to petition the court for an expungement.

It was a first offense, I never even had a parking ticket prior. Good standing in society but was associated with someone of whom I was dating and I did not know that he had a felony charge in his past. I was studying for my insurance license for a bail bond business. When I purchase my weapon,... Read more »

Gary Kollin answered on Jan 31, 2019

There is no standardized process nor statutory entitlement to sealing nor expungement in federal court. It is a complicated process with requesting a federal judge to take extraordinary actions.

Youshould retain counsel

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2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maryland on

Q: My boyfriend was pulled over and the passenger had marijuana and money. He got charged is it legal

The passenger told cops it was his but it wasn't found on him nor was it his vehicle. We it was he say she say.

Mark Oakley answered on Jul 25, 2018

Yes. It’s called constructive possession: if it’s open in an area within reach, and everything in his car is in reach, it creates a rebuttable inference it was his. He has a defense, however, and cases like this can be won. Just because there’s probable cause to charge does not mean there’s... Read more »

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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: where can I get a copy of Article 27 Secdtion 640 and footnotes for Restitution

My son is in Federal prison and is almost out for his sentence but can't return to MD as a release because of a warrant for VOP for restitution over 20 years ago he didn't pay. He has been in prison 7 years and did not have access to money to pay this restitution and wants to be released to MD to... Read more »

Mark Oakley answered on May 15, 2018

He needs a lawyer to file a motion to recall the VOP warrant and remove the detainer.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: I was subpoenaed today to testify in front of grand jury in Baltimore as a witness this Tuesday.

Although Ive been assured verbally that I am safe from prosecution, I am worried that may not be true. Can I request immunity? Should I plead the 5th? What will protect me and my family from the person Im wanted to testify against?

Mark Oakley answered on Apr 26, 2018

Meet with an experienced defense counsel beforehand and go over what you might be asked and what you know. Anything you tell the lawyer is privileged. Invoking your Fifth Amendment right must be done properly, and the lawyer will guide you. If this is before a federal grand jury make sure the... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: File a motion to retry case .. A juror husband was there everyday talking with detective he said “i wish u were a juror”

Trial lasted a week .. detective was shaking the hand of the juror’s husband and patted him on his back

I believe once the juror’s husband said his wife was on the jury, no further contact should have been made

Thomas Joseph Maronick Jr answered on Apr 17, 2018

The question is whether the husband’s action connoted an impropriety with the juror and the case. I can’t tell from these facts but it is worth looking at. Contact the defense counsel with this ASAP for a potential appeal issue.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: ASSAULT SEC DEG-LE OFF/P&P AG ASSAULT-SEC DEGREE ASSAULT-SEC DEGREE DISORDERLY CONDUCT These are my four charges I have.

I need legal advice on the maximum and minimum punishment I can get Some details are I was blackout drunk when it happen and have no criminal record and the assault charges are on officers I pushed them and the charges are in Maryland, i need help... thanks

Mark Oakley answered on Apr 10, 2018

These are misdemeanors, but you do not want any kind of a record, and usually something can be worked out to keep your record clean. Obviously it depends on the seriousness of any assault (injuries, etc.), but many times with no real injury the officers can be convinced to let the assaults go and... Read more »

2 Answers | Asked in Criminal Law, Immigration Law and Federal Crimes for Maryland on

Q: Hi i am an illegal immigrant and I just had been threatened with a gun what can I do?

My neighbor and I had an argument and he pulled out a gun then started getting on my face trying to make me fight him they have guns in the house and also do drugs on the daily basis, I'm afraid for my family's well being what should I do?

Mark Oakley answered on Feb 21, 2018

You are a victim of assault with a deadly weapon. Call the police.

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1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: Can someone be charge with with porn revenge if photo were sent to new partner?

A friend of mine ex broke up with her for someone else. She sent photos and videos to her exes new partner to show proof that she was sleeping with both of them, but never posted publicly to social media.

Mark Oakley answered on Feb 10, 2018

Yes, there are laws that criminalize what your friend did. Publishing such content to any third person without the consent of those in the video or photo is a crime. It does not have to be generally available to the public at large.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: My bf is charged with first degree murder , first & second degree assault, &with deadly weapon will he come home

He is 19

Thomas Joseph Maronick Jr answered on Jan 18, 2018

Doubtful. Unlikely he gets a bail on that. But he clearly needs counsel as soon as possible. Call or have someone call our office if he doesn't already have private counsel and can afford through his family to pay for private counsel. Consult is free. (410) 244-5068

1 Answer | Asked in Criminal Law, Federal Crimes and Civil Rights for Maryland on

Q: If my mom is in prison, will that affect my background checks?

My mom is in prison for benefit fraud and child abuse (not to me) but I had nothing to do with it, could it still affect my background checks and ability to work in the government?

Thomas Joseph Maronick Jr answered on Jan 18, 2018

No.

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Maryland on

Q: How can I deal with this situation?

This attorney is my kids father fiancee, she testified only as a witness for him in a final protective order hearing I had against him, and then after the judge granted my order she went on to represent him as his lawyer for an appeal in the same final protective order i have on him, then she got a... Read more »

Eric Todd Kirk answered on Aug 9, 2017

There is a well known and long standing rule of professional conduct prohibiting a lawyer from acting as a witness and an advocate in the same proceeding.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Maryland on

Q: Is this grounds for a protection order against my ex?

My ex and I can not agree on anything, We have shared physical custody, I informed him that I was going to modify the custody, When dropping off our children I asked what was the matter, one of my children stated that my ex told her that he was going to shoot and kill me, he does own a gun, What... Read more »

Thomas Joseph Maronick Jr answered on Jul 18, 2017

The issue is health and safety. If your health or safety is being threatened, that is grounds. A judge will have to agree but the threat of shooting and killing is prima facie evidence if what your child said was true.

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on

Q: My friend is on parole which ends in a month but someone falsely accused him of second degree asssault will he serve ti

Thomas Joseph Maronick Jr answered on May 1, 2017

Not good, but then again he hasn't been convicted of anything. Step one: win the 2 assault case. If he's not guilty of that, then there won't be an issue with parole I wouldn't suspect. Has the case been charged criminally or was this a ticket situation in the jail?

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Maryland on

Q: How many years will my friend most likely serve in prison?

My friend is a minor, 16 years old, and has been charged with armed robbery, robbery, criminal assault of the first and second degree, criminal conspiracy and theft under $1,000. We live in Maryland and his friends and myself are all very worried about his sentence. How long do you think it will... Read more »

Eric Todd Kirk answered on Apr 21, 2017

These are obviously serious charges. If your friend has been charged as an adult, he faces in excess of 25 years in prison. Because of the number of charges, possible sentences may be impossible to predict at this point. He, or his family should immediately seek a consultation with an experienced... Read more »

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Maryland on

Q: Can you go to jail for self defense injuries?

Well It starts out in school, I got suspended by the principal for defending my self from this boy trying beat me up, I swung so he could not aim at me.And If lets say this person tries to kill me and by self defense I accidentally kill him would I still go to jail.

Peter N. Munsing answered on Feb 12, 2017

Be very difficult to see how you wouldn't unless there were witnesses.Sounds like you have issues you need to discuss with a counselor experienced in violence resolution so neither of you gets any more injured.

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