Maryland Federal Crimes Questions & Answers

Q: What the code for fraud in a marriage

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on Mar 1, 2019
Mark Oakley's answer
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 to. A fraudulent marriage can form the basis of an immigration crime, where a foreign national and a US citizen conspire to enter into a marriage for the sole purpose of securing the legal status and...

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

2 Answers | Asked in Federal Crimes for Maryland on
Answered on Jan 31, 2019
Gary Kollin's answer
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

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

2 Answers | Asked in Criminal Law, Constitutional Law and Federal Crimes for Maryland on
Answered on Jul 25, 2018
Mark Oakley's answer
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 sufficient evidence beyond a reasonable doubt to convict. He needs a lawyer.

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

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on May 15, 2018
Mark Oakley's answer
He needs a lawyer to file a motion to recall the VOP warrant and remove the detainer.

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

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on Apr 26, 2018
Mark Oakley's answer
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 lawyer is admitted to practice before the federal court in Baltimore. If anything you say may tend to implicate you in criminal activity then you can claim the 5th. If you are then offered immunity then...

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

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on Apr 17, 2018
Thomas Joseph Maronick Jr's answer
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.

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

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on Apr 10, 2018
Mark Oakley's answer
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 your lawyer can work out some deal with the disorderly conduct, perhaps community service and a dismissal (this depends on other factors, but is a reasonable outcome for most first offenses of this...

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

2 Answers | Asked in Criminal Law, Immigration Law and Federal Crimes for Maryland on
Answered on Feb 21, 2018
Mark Oakley's answer
You are a victim of assault with a deadly weapon. Call the police.

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

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on Feb 10, 2018
Mark Oakley's answer
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.

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

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on Jan 18, 2018
Thomas Joseph Maronick Jr's answer
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

Q: How can I deal with this situation?

1 Answer | Asked in Criminal Law, Civil Litigation, Civil Rights and Federal Crimes for Maryland on
Answered on Aug 9, 2017
Eric Todd Kirk's answer
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.

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

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Maryland on
Answered on Jul 18, 2017
Thomas Joseph Maronick Jr's answer
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.

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

1 Answer | Asked in Criminal Law and Federal Crimes for Maryland on
Answered on May 1, 2017
Thomas Joseph Maronick Jr's answer
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?

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

1 Answer | Asked in Criminal Law, Federal Crimes and Juvenile Law for Maryland on
Answered on Apr 21, 2017
Eric Todd Kirk's answer
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 criminal defense attorney.

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

1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Maryland on
Answered on Feb 12, 2017
Peter N. Munsing's answer
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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